[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3407 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3407

       To establish the National Center for the Right to Counsel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 30, 2013

   Mr. Deutch (for himself, Mr. Conyers, and Mr. Scott of Virginia) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
       To establish the National Center for the Right to Counsel.

    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 ``National Center for the Right to 
Counsel Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Sixth Amendment to the Constitution of the United 
        States provides that ``In all criminal prosecutions, the 
        accused shall enjoy the right to . . . have the Assistance of 
        Counsel for his defense.''
            (2) In Gideon v. Wainwright, 372 U.S. 335 (1963), the 
        United States Supreme Court held that the States were required 
        to provide counsel for indigent defendants in all felony cases.
            (3) In Argersinger v. Hamlin, 407 U.S. 25 (1972), the 
        United States Supreme Court held that indigent defendants are 
        entitled to court-appointed counsel in any case that leads to 
        actual imprisonment.
            (4) For more than 50 years, the States and local 
        governments have been struggling to satisfy this mandate.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Board'' means the Board of Directors of the 
        National Center for the Right to Counsel.
            (2) The term ``Center'' means the National Center for the 
        Right to Counsel established in this Act.
            (3) The term ``indigent defendant'' means a defendant in a 
        criminal case who is unable to afford a reasonable attorney's 
        fee in the case against such person.
            (4) The term ``public defense services'' means legal 
        assistance provided to an indigent defendant in a criminal case 
        against such person.
            (5) The term ``public defense system'' means a system that 
        provides public defense services, and includes a system that is 
        run by a State or local unit of government, and a system that 
        is run by a private entity or individual that provides such 
        services by reason of a contract with a State or local unit of 
        government.
            (6) The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.

SEC. 4. ESTABLISHMENT OF CENTER.

    (a) In General.--There is established in the District of Columbia a 
private nonmembership nonprofit corporation, which shall be known as 
the National Center for the Right to Counsel, for the purpose of--
            (1) providing financial support to supplement, not 
        supplant, funding for public defense systems; and
            (2) providing financial and substantive support for 
        training programs that aim to improve the delivery of legal 
        services to indigent defendants.
    (b) Principal Office; Agent for Service of Process.--The Center 
shall maintain its principal office in the District of Columbia and 
shall maintain therein a designated agent to accept service of process 
for the Center. Notice to or service upon the agent shall be deemed 
notice to or service upon the Center.
    (c) Status of Center Under Tax Laws.--The Center shall be eligible 
to be treated as an organization described in section 170(c)(2)(B) of 
the Internal Revenue Code of 1986 and as an organization described in 
section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt 
from taxation under section 501(a) of such Code. If such treatments are 
conferred in accordance with the provisions of such Code, the Center 
shall be subject to all provisions of such Code relevant to the conduct 
of organizations exempt from taxation.

SEC. 5. GOVERNING BODY.

    (a) Board of Directors Established.--The Center shall have a Board 
of Directors consisting of 9 voting members appointed by the President, 
by and with the advice and consent of the Senate. The President shall 
make such nominations not later than 60 days after the date of the 
enactment of this Act.
    (b) Qualifications of Members.--The members shall be qualified as 
follows:
            (1) A majority of the members shall be members of the bar 
        of the highest court of any State.
            (2) One member shall have been an indigent defendant who 
        received public defense services from a public defense system.
            (3) The members, except for the member described in 
        paragraph (2), shall have--
                    (A) significant experience in the legal defense of 
                criminal cases;
                    (B) demonstrated a commitment to quality indigent 
                defense representation; or
                    (C) demonstrated a commitment to working with and 
                advocating for the population served by the Center.
    (c) Terms.--
            (1) In general.--The term of a member shall be 5 years, 
        except as provided in paragraphs (2) and (4).
            (2) First terms.--As designated by the President at the 
        time of appointment, of the members first appointed--
                    (A) 3 shall be appointed for terms of 2 years;
                    (B) 3 shall be appointed for terms of 3 years; and
                    (C) 3 shall be appointed for terms of 4 years.
            (3) Reappointment.--No member may be reappointed to more 
        than two consecutive terms immediately following such member's 
        initial term.
            (4) Vacancies.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of that term. A member may serve after the 
        expiration of that member's term until a successor has taken 
        office. A vacancy in the Board shall be filled in the manner in 
        which the original appointment was made.
            (5) Removal for cause.--A member of the Board may be 
        removed by the President for malfeasance in office, for 
        persistent neglect of or inability to discharge duties, or for 
        offenses involving moral turpitude, and for no other cause.
    (d) Members Not Officers or Employees of a Government.--The members 
of the Board shall not, by reason of such membership, be deemed 
officers or employees of the Federal Government, a State government, 
local government, or any law enforcement agency.
    (e) Chairman.--The President shall select a chairman from among the 
initial members to serve for a period of two years. Thereafter, the 
chairman shall be elected annually by the members.
    (f) Conflict of Interest.--
            (1) In general.--No member of the Board, member of a State 
        advisory council, or employee of a regional backup service 
        center may participate in any decision, action, or 
        recommendation with respect to any matter which directly 
        benefits such member or employee or pertains specifically to 
        any firm or organization with which such member or employee is 
        then associated or has been associated within a period of two 
        years.
            (2) Disclosure and recusal.--In the event of a conflict of 
        interest described in paragraph (1), the member of the Board, 
        member of a State advisory council, or employee of a regional 
        backup service center who has a conflict shall disclose the 
        interest that the member or employee has in the matter, subject 
        to applicable attorney-client privilege, to the Board, and--
                    (A) in the case of a member of a State advisory 
                council, to that council; or
                    (B) in the case of an employee of a regional backup 
                service center, to that center.
            (3) Written policy.--The Center shall adopt a written 
        policy to ensure that paragraphs (1) and (2) are carried out.
    (g) State Advisory Councils.--
            (1) In general; appointment of members.--Each State shall 
        have a State advisory council composed of 9 members, appointed 
        not later than 90 days after the first meeting of the Board as 
        follows:
                    (A) 3 members appointed by the Chief Justice of the 
                highest court of the State.
                    (B) 3 members appointed by the United States 
                Senators for the State, or in the case of a State that 
                does not have Senators, appointed by the Member of the 
                United States House of Representatives for that State.
                    (C) 3 members appointed by the chief executive of 
                the State.
            (2) Failure to appoint.--If 90 days have elapsed without 
        such an advisory council appointed pursuant to paragraph (1), 
        the Board is authorized to appoint such a council, or such 
        remaining unappointed members of the council, from among the 
        individuals recommended by the State bar association.
            (3) Qualifications of members.--The members of the advisory 
        council shall be subject to the qualifications under subsection 
        (b), and shall be made from among recommendations made by the 
        State bar association, in collaboration with the Access to 
        Justice Initiative of the Department of Justice.
            (4) Terms; vacancies.--The term of a member of a State 
        advisory council shall be 4 years. A member may serve after the 
        expiration of that member's term until a successor member takes 
        office. A vacancy on the council shall be filled in the manner 
        described in paragraph (2).
            (5) Powers.--Each State advisory council shall--
                    (A) monitor, receive, and investigate complaints 
                regarding the compliance of public defense systems in 
                that State that receive funding under this Act with the 
                provisions of this Act and applicable rules, 
                regulations, and guidelines promulgated pursuant to 
                this Act;
                    (B) notify the Center of any apparent violation of 
                the provisions of this Act and applicable rules, 
                regulations, and guidelines promulgated pursuant to 
                this Act, and furnish a copy of the notification to any 
                recipient affected thereby, and the Center shall allow 
                such recipient a reasonable time (but in no case less 
                than 30 days) to reply to any allegation contained in 
                the notification;
                    (C) collect information and data on the delivery of 
                public defense services in that State; and
                    (D) facilitate the sharing of information between 
                public defense systems in that State.
            (6) Staff.--Each State advisory council may appoint 
        additional personnel as it considers appropriate in order to 
        carry out paragraph (5)(A).
            (7) Report.--Beginning on the date that is one year after a 
        State advisory council has its first meeting, and annually 
        thereafter, a State advisory council shall submit the Center a 
        report that includes--
                    (A) an assessment on the provision of public 
                defense services in that State; and
                    (B) recommendations on actions that the Center 
                could take to--
                            (i) enhance compliance of public defense 
                        systems in that State that receive funding 
                        under this Act with the provisions of this Act 
                        and applicable rules, regulations, and 
                        guidelines promulgated pursuant to this Act; 
                        and
                            (ii) improve the delivery of public defense 
                        services in that State.
    (h) Open Meetings; Applicability of Government in the Sunshine 
Provisions.--All meetings of the Board, of any executive committee of 
the Board, and of any advisory council established in connection with 
this Act shall be open and shall be subject to the requirements and 
provisions of section 552b of title 5, United States Code (relating to 
open meetings).
    (i) Quarterly Meetings.--The Board shall meet at least 4 times 
during each calendar year.

SEC. 6. OFFICERS AND EMPLOYEES.

    (a) Executive Director and Other Officers.--The Board shall appoint 
the Executive Director of the Center, who shall be a member of the bar 
of the highest court of a State and shall be a nonvoting ex officio 
member of the Board, and such other officers as the Board determines 
necessary. No officer of the Center may receive any salary or other 
compensation for services from any source other than the Center during 
his period of employment by the Center, except as authorized by the 
Board. All officers shall serve at the pleasure of the Board.
    (b) Appointment and Removal of Employees.--The Executive Director 
of the Center, subject to general policies established by the Board, 
may appoint and remove such employees of the Center as the Executive 
Director determines necessary to carry out the purposes of the Center.
    (c) Nonpartisan Appointments.--No political test or political 
qualification shall be used in selecting, appointing, promoting, or 
taking any other personnel action with respect to any officer, agent, 
or employee of the Center or of any recipient, or in selecting or 
monitoring any grantee, contractor, or person or entity receiving 
financial assistance under this title.
    (d) Compensation.--Officers and employees of the Center shall be 
compensated at rates determined by the Board, but not in excess of the 
rate of level V of the Executive Schedule specified in section 5316 of 
title 5, United States Code.
    (e) Officers and Employees Not Deemed Officers and Employees of 
Federal Government.--
            (1) In general.--Except as otherwise specifically provided 
        in this Act, officers and employees of the Center shall not be 
        considered officers or employees, and the Center shall not be 
        considered a department, agency, or instrumentality, of the 
        Federal Government.
            (2) Exceptions.--Officers and employees of the Center shall 
        be considered officers and employees of the Federal Government 
        for purposes of the following provisions of title 5, United 
        States Code: subchapter I of chapter 81 (relating to 
        compensation for work injuries); chapter 83 (relating to civil 
        service retirement); chapter 87 (relating to life insurance); 
        and chapter 89 (relating to health insurance). The Center shall 
        make contributions at the same rates applicable to agencies of 
        the Federal Government under the provisions referred to in this 
        subsection.
            (3) Freedom of information.--The Center and its officers 
        and employees shall be subject to the provisions of section 552 
        of title 5, United States Code (relating to freedom of 
        information).
            (4) Office of management and budget.--Nothing in this Act 
        shall be construed as limiting the authority of the Office of 
        Management and Budget to review and submit comments upon the 
        Center's annual budget request at the time it is transmitted to 
        the Congress.

SEC. 7. POWERS, DUTIES, AND LIMITATIONS.

    (a) Powers of Nonprofit Corporation.--To the extent consistent with 
the provisions of this Act, the Center shall exercise the powers 
conferred upon a nonprofit corporation by the District of Columbia 
Nonprofit Corporation Act (except for section 1005(o) of title 29 of 
the District of Columbia Code).
    (b) Grant and Contract Power.--The Center is authorized--
            (1) for the purpose of providing public defense services to 
        indigent defendants, to provide financial assistance to and to 
        make grants and contracts with individuals, partnerships, 
        firms, corporations, nonprofit organizations, public defense 
        systems, State governments, and local governments; and
            (2) to make such other grants and contracts as are 
        necessary to carry out the purposes and provisions of this Act.
    (c) Power To Accept Money and Property.--The Center is authorized 
to accept, in the name of the Center, and employ or dispose of in 
furtherance of the purposes of this Act, any money or property, real, 
personal, or mixed, tangible or intangible, received by gift, devise, 
bequest, or otherwise.
    (d) Other Powers Relating to the Provision of Public Defense 
Services.--The Center is authorized to undertake directly, or by grant 
or contract, the following activities relating to the delivery of 
public defense services--
            (1) research;
            (2) training and technical assistance; and
            (3) to serve as a clearinghouse for information.
    (e) Disciplinary Powers.--
            (1) Center.--The Center shall have authority to ensure the 
        compliance of recipients and their employees with the 
        provisions of this Act and the rules, regulations, and 
        guidelines promulgated pursuant to this Act, and to terminate, 
        after a hearing in accordance with section 11, financial 
        support to a recipient which fails to comply.
            (2) Recipient.--If a recipient finds that any of its 
        employees has violated or caused the recipient to violate the 
        provisions of this Act, or the rules, regulations, and 
        guidelines promulgated pursuant to this Act, the recipient 
        shall take appropriate remedial or disciplinary action in 
        accordance with the types of procedures prescribed in the 
        provisions of section 11.
    (f) Representational Questions.--No question of whether 
representation is authorized under this Act, or the rules, regulations, 
or guidelines promulgated pursuant to this Act, shall be considered in, 
or affect the final disposition of, any proceeding in which a person is 
represented by a recipient or an employee of a recipient. A litigant in 
such proceeding may refer any such question to the Center which shall 
review and dispose of the question promptly, and take appropriate 
action. This subsection shall not preclude judicial review under 
applicable law.
    (g) Interference With Professional Responsibilities of Attorneys 
Prohibited.--The Center shall not, under any provision of this Act, 
interfere with any attorney in carrying out such attorney's 
professional responsibilities to such attorney's client as established 
in the American Bar Association Model Rules of Professional Conduct or 
abrogate as to attorneys in programs assisted under this Act the 
authority of a State of other jurisdiction to enforce the standards of 
professional responsibility generally applicable to attorneys in such 
jurisdiction. The Center shall ensure that activities under this Act 
are carried out in a manner consistent with attorneys' professional 
responsibilities.
    (h) Bar Member Required.--No attorney shall receive any 
compensation, either directly or indirectly, for the provision of 
public defense services under this Act unless such attorney is admitted 
or otherwise authorized by law, rule, or regulation to practice law or 
provide such assistance in the jurisdiction where such services are 
initiated.
    (i) Languages Other Than English.--In areas where significant 
numbers of indigent defendants speak a language other than English as 
their principal language, the Center shall, to the extent feasible, 
provide that their principal language is used in the provision of 
public defense services to such defendants under this Act.
    (j) Miscellaneous Prohibitions.--
            (1) The Center shall have no power to issue any shares of 
        stock, or to declare or pay any dividends.
            (2) No part of the income or assets of the Center shall 
        inure to the benefit of any director, officer, or employee, 
        except as reasonable compensation for services or reimbursement 
        for expenses.
    (k) Political Activities of Center Employees and Staff Attorneys.--
            (1) Employees of the Center or of recipients shall not at 
        any time intentionally identify the Center or the recipient 
        with any partisan or nonpartisan political activity associated 
        with a political party or association, or the campaign of any 
        candidate for public or party office.
            (2) Employees of the Center and staff attorneys shall be 
        deemed to be State or local employees for purposes of chapter 
        15 of title 5, except that no staff attorney may be a candidate 
        in a partisan political election.

SEC. 8. GRANTS AND CONTRACTS.

    (a) Center Executive Director Authorized To Make Grants and Enter 
Into Contracts.--The Executive Director of the Center is authorized to 
make grants and enter into contracts under this Act.
    (b) Grants Described.--
            (1) In general.--The Center shall make grants to State or 
        local governments and public defense systems that supplement, 
        not supplant, other available resources for the purpose of 
        improving or establishing public defense systems.
            (2) Term.--The term of a grant under this section shall be 
        2 or 3 years, as determined by the Center.
            (3) Renewal.--A grant recipient under this Act may renew 
        such grant by submitting an application to the Executive 
        Director of the Center at such time, in such manner, and 
        containing such information as the Executive Director may 
        reasonably require, including an assessment of such recipient's 
        compliance with or progress toward achieving the quality 
        standards that the Center develops under subsection (e).
    (c) Program Evaluation.--The Center shall monitor and evaluate and 
provide for independent evaluations of programs supported in whole or 
in part under this Act to ensure that the provisions of this Act and 
the bylaws of the Center and applicable rules, regulations, and 
guidelines promulgated pursuant to this Act are carried out.
    (d) Public Notification.--Not later than 30 days prior to the 
approval of any grant application or prior to entering into a contract 
or prior to the initiation of any other project, the Center shall 
announce publicly, and shall notify the Governor, the State bar 
association of any State, and the principal local bar associations (if 
there be any) of any community, where public defense services will 
thereby be initiated, of such grant, contract, or project. Notification 
shall include a reasonable description of the grant application or 
proposed contract or project and request comments and recommendations.
    (e) Quality Standards.--The Center shall develop and make publicly 
available standards for the quality of public defense services, which 
the Center shall use to assess the success of a recipient in improving 
a public defense system.
    (f) Online Database.--The Center shall establish and maintain a 
database that shall be publicly available online, and shall include the 
contact information for all public defense systems in every State.
    (g) Regional Backup Service.--
            (1) In general.--The Center shall establish regional backup 
        service centers to assist public defense systems.
            (2) Services.--The services provided at such centers shall 
        include--
                    (A) providing attorneys engaged in public defense 
                services with access to qualified investigators and 
                sentencing mitigation specialists;
                    (B) providing information to public defense systems 
                about grants that are available to them, and providing 
                assistance and guidance to public defense systems that 
                apply for such grants; and
                    (C) other services that the Center determines are 
                appropriate.
            (3) Locations.--The Center shall determine the locations of 
        the regional backup service centers, and the geographic region 
        that each center is responsible for serving.
    (h) Requisites.--With respect to grants or contracts in connection 
with the provision of public defense services under this Act, the 
following shall apply:
            (1) Professional standards.--The Center shall ensure the 
        maintenance of the highest quality of service and professional 
        standards, the preservation of attorney-client relationships, 
        and the protection of the integrity of the adversary process 
        from any impairment in furnishing public defense services.
            (2) Economical and effective delivery of public defense 
        services.--The Center shall ensure that grants and contracts 
        are made so as to provide the most economical and effective 
        delivery of public defense services to persons in both urban 
        and rural areas.
            (3) Outside practice of law prohibited.--The Center shall 
        ensure that attorneys employed full time in public defense 
        services activities supported in major part by the Center 
        refrain from--
                    (A) any compensated outside practice of law; and
                    (B) any uncompensated outside practice of law 
                except as authorized in guidelines promulgate by the 
                Center.
            (4) Continuation of funding.--The Center may provide 
        interim funding necessary to maintain current level of 
        activities for any grantee, contractor, or person or entity 
        receiving financial assistance under this Act that files with 
        the Center a timely application for refunding until--
                    (A) the application for refunding has been approved 
                and funds pursuant thereto received; or
                    (B) the application for refunding has been denied 
                in accordance with section 11.

SEC. 9. RECORDS AND REPORTS.

    (a) Authority To Require Reports.--The Center is authorized to 
require such reports as it deems necessary from any grantee, 
contractor, person, or entity receiving financial assistance under this 
Act regarding activities carried out pursuant to this Act.
    (b) Authority To Require Recordkeeping; Access to Records.--The 
Center is authorized to prescribe the keeping of records with respect 
to funds provided by grant or contract and shall have access to such 
records at all reasonable times for the purpose of insuring compliance 
with the grant or contract or the terms and conditions upon which 
financial assistance was provided.
    (c) Annual Report to President and Congress.--The Center shall 
publish an annual report which shall be filed by the Center with the 
President and the Congress. Such report shall include--
            (1) a description of the state of the provision of public 
        defense services throughout the United States and any 
        recommendations for improving the state of such services;
            (2) a description of the services that the Center provides 
        and any recommendations for improving the quality of such 
        services; and
            (3) a copy of each report from a State advisory council 
        that the Center has received for that year under section 
        5(g)(6).
    (d) Copies and Retention of Reports.--Copies of all reports 
pertinent to the evaluation, inspection, or monitoring of any grantee, 
contractor, or person or entity receiving financial assistance under 
this Act shall be submitted on a timely basis to such grantee, 
contractor, or person or entity, and shall be maintained in the 
principal office of the Center for a period of at least 5 years 
subsequent to such evaluation, inspection, or monitoring. Such reports 
shall be available for public inspection during regular business hours, 
and copies shall be furnished, upon request, to interested parties upon 
payment of such reasonable fees as the Center may establish.
    (e) Publication in Federal Register of Rules, Regulations, 
Guidelines, and Instructions.--The Center shall afford notice and 
reasonable opportunity for comment to interested parties prior to 
issuing rules, regulations, and guidelines, and it shall publish in the 
Federal Register at least 30 days prior to their effective date all its 
rules, regulations, guidelines, and instructions.

SEC. 10. AUDITS.

    (a) Annual Audit.--
            (1) In general.--The accounts of the Center shall be 
        audited annually. Such audits shall be conducted in accordance 
        with generally accepted auditing standards by independent 
        certified public accountants who are certified by a regulatory 
        authority of the jurisdiction in which the audit is undertaken.
            (2) Availability of records.--The audits shall be conducted 
        at the place or places where the accounts of the Center are 
        normally kept. All books, accounts, financial records, reports, 
        files, and other papers or property belonging to or in use by 
        the Center and necessary to facilitate the audits shall be made 
        available to the person or persons conducting the audits, and 
        full facilities for verifying transactions with the balances 
        and securities held by depositories, fiscal agents, and 
        custodians shall be afforded to any such person.
            (3) Audit report.--The report of the annual audit shall be 
        filed with the Government Accountability Office and shall be 
        available for public inspection during business hours at the 
        principal office of the Center.
    (b) Audit by Government Accountability Office.--
            (1) In general.--In addition to the annual audit, the 
        financial transactions of the Center for any fiscal year during 
        which Federal funds are available to finance any portion of its 
        operations may be audited by the Government Accountability 
        Office in accordance with such rules and regulations as may be 
        prescribed by the Comptroller General of the United States.
            (2) Availability of records.--Any such audit shall be 
        conducted at the place or places where accounts of the Center 
        are normally kept. The representatives of the Government 
        Accountability Office shall have access to all books, accounts, 
        financial records, reports, files, and other papers or property 
        belonging to or in use by the Center and necessary to 
        facilitate the audit, and full facilities for verifying 
        transactions with the balances and securities held by 
        depositories, fiscal agents, and custodians shall be afforded 
        to such representatives. All such books, accounts, financial 
        records, reports, files, and other papers or property of the 
        Center shall remain in the possession and custody of the Center 
        throughout the period beginning on the date such possession or 
        custody commences and ending three years after such date, but 
        the General Accountability Office may require the retention of 
        such books, accounts, financial records, reports, files, 
        papers, or property for a longer period under section 3523(c) 
        of title 31, United States Code.
            (3) Audit report.--A report of such audit shall be made by 
        the Comptroller General to the Congress and to the President, 
        together with such recommendations with respect thereto as the 
        Comptroller General shall deem advisable.
    (c) Attorney-Client Privilege.--Notwithstanding the provisions of 
this section or of section 9, neither the Center nor the Comptroller 
General shall have access to any reports or records subject to the 
attorney-client privilege.

SEC. 11. SPECIAL LIMITATIONS.

    The Center shall prescribe procedures that ensure that financial 
assistance under this Act shall not be terminated (except that funding 
may be temporarily suspended during an interim period during the 
processing and consideration of an application for refunding), and an 
application for refunding shall not be denied, unless the grantee, 
contractor, or person or entity receiving financial assistance under 
this Act has been afforded reasonable notice and opportunity for a 
timely, full, and fair hearing, and when requested, such hearing shall 
be conducted by an independent hearing examiner. Such hearing shall be 
held prior to any final decision by the Center to terminate financial 
assistance or suspend or deny funding. Hearing examiners shall be 
appointed by the Center in accordance with procedures established in 
regulations promulgated by the Center.

SEC. 12. COORDINATION.

    The President may direct that appropriate support functions of the 
Federal Government may be made available to the Center in carrying out 
its activities under this Act, to the extent not inconsistent with 
other applicable law.

SEC. 13. GAO STUDY.

    On the date that is 4 years after the date of the enactment of this 
Act, the Comptroller General shall submit to Congress a study on--
            (1) the affect that the Center has had on--
                    (A) the provision of public defense services; and
                    (B) the cost of the criminal justice system; and
            (2) the provision and the cost of providing public defense 
        services for jurisdictions that do not receive assistance from 
        the Center.

SEC. 14. FUNDS.

    Section 506 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3756) is amended by inserting at the end 
the following:
    ``(c) Of the total amount made available to carry out this subpart 
for a fiscal year, the Attorney General shall reserve not less than 10 
percent to carry out the National Center for the Right to Counsel 
Act.''.
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