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:

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 Defense 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 Defense 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.