II 

118TH CONGRESS 

2D SESSION S. 5526 

To establish a Federal Public Defender Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2024 

Mr. WELCH introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To establish a Federal Public Defender Commission, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Public Defense 

5 Commission Act of 2024’’. 

6 SEC. 2. PROVISION OF FEDERAL PUBLIC DEFENSE. 

7 (a) IN GENERAL.—Chapter 201 of title 18, United 

8 States Code, is amended by striking section 3006A and 

9 inserting the following: 


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1 ‘‘§ 3006A. Appointment of Counsel for financially eli2 gible persons 

3 ‘‘(a) ELIGIBILITY.—Any person who is financially un4 able to obtain adequate representation shall be provided 

5 representation in accordance with this section. 

6 ‘‘(b) SCOPE.—Representation shall be provided by a 

7 Federal Public Defender Organization or attorneys se8 lected from a panel of qualified attorneys as set forth in 

9 this section and shall include investigative, expert, and 

10 other services necessary for adequate representation. 

11 ‘‘(c) MANDATORY APPOINTMENT.—Representation 

12 shall be provided for any financially qualified person 

13 who— 

14 ‘‘(1) is charged in Federal court with a felony 

15 or a Class A misdemeanor; 

16 ‘‘(2) is a juvenile alleged to have committed an 

17 act of juvenile delinquency, as defined in section 

18 5031; 

19 ‘‘(3) is charged with a violation of probation or 

20 supervised release, or faces a modification, reduc21 tion, or enlargement of a condition of probation or 

22 supervised release, or faces an extension or revoca23 tion of a term of probation or supervised release; 

24 ‘‘(4) is under arrest, when such representation 

25 is required by law; 


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1 ‘‘(5) is subject to a mental condition hearing 

2 under chapter 313; 

3 ‘‘(6) is in custody as a material witness; 

4 ‘‘(7) faces loss of liberty in a case; 

5 ‘‘(8) is entitled to the appointment of counsel 

6 under section 4109; 

7 ‘‘(9) is entitled to the appointment of counsel 

8 under section 3599; 

9 ‘‘(10) is appealing or responding to an appeal, 

10 including a bail appeal, interlocutory appeal, petition 

11 for rehearing, petition for en banc, or petition for 

12 certiorari; or 

13 ‘‘(11) is otherwise entitled to appointment of 

14 counsel under the Sixth Amendment to the Constitu15 tion of the United States. 

16 ‘‘(d) NONMANDATORY APPOINTMENT.—Representa17 tion may be provided for any financially qualified person 

18 who— 

19 ‘‘(1) is charged with a Class B or C mis20 demeanor, or an infraction for which a sentence to 

21 confinement is authorized; 

22 ‘‘(2) is seeking relief in non-capital cases under 

23 section 2241, 2254, or 2255 of title 28; 


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1 ‘‘(3) is seeking clemency in non-capital cases, 

2 including a pardon, commutation of sentence, remis3 sion of fine or restitution, or a reprieve; 

4 ‘‘(4) is charged with civil or criminal contempt; 

5 ‘‘(5) may be a witness before a grand jury, a 

6 court, or other Federal tribunal which has the power 

7 to compel testimony and where there is reason to be8 lieve, either prior to or during testimony, that the 

9 witness could be subject to a criminal prosecution, a 

10 civil or criminal contempt proceeding, or face loss of 

11 liberty; 

12 ‘‘(6) has been proposed by the United States 

13 attorney for processing under a pretrial diversion 

14 program, or is facing cancellation of a diversion 

15 agreement; 

16 ‘‘(7) is being held for international extradition 

17 under chapter 209; 

18 ‘‘(8) may be eligible for a reduced or modified 

19 sentence; or 

20 ‘‘(9) otherwise deserves appointment of counsel 

21 for purposes of protection against criminal liability 

22 or loss of liberty. 

23 ‘‘(e) PROCEDURES.— 

24 ‘‘(1) IN GENERAL.—When a United States at25 torney, magistrate judge, or other court official beVerDate Sep 11 2014 02:28 Jan 18, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5526.IS S5526

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1 comes aware that a person may meet the criteria set 

2 forth in subsection (c) or (d) of this section for the 

3 appointment of counsel, they shall notify the Federal 

4 Public Defender for their district and advise the per5 son of the right to be represented by counsel and 

6 that counsel will be appointed if such person is fi7 nancially unable to obtain counsel. The United 

8 States attorneys, judiciary, and other court officials 

9 shall cooperate and communicate with the Federal 

10 Public Defender in the appropriate judicial district 

11 to ensure that counsel is timely provided in all quali12 fied cases. 

13 ‘‘(2) APPOINTMENT OF COUNSEL.—Unless the 

14 person has retained counsel or knowingly and volun15 tarily waives representation by counsel, the court 

16 shall determine the person’s financial eligibility for 

17 appointed counsel at the initial appearance in court 

18 or at the request of the Federal Public Defender. 

19 Upon such determination that the person financially 

20 qualifies for appointed counsel, the court shall direct 

21 the Federal Public Defender for their district to ap22 point counsel in accordance with the provisions of 

23 this section. Such appointment may be made retro24 active to include any representation furnished prior 

25 to appointment. The Federal Public Defender shall 


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1 appoint separate counsel for all qualified persons 

2 having interests that cannot properly be represented 

3 by the same counsel, or when other good cause is 

4 shown. If at any stage of the proceedings, the court 

5 determines that a person has become financially un6 able to pay counsel who the person had retained, the 

7 court shall direct the Federal Public Defender to 

8 provide counsel consistent with the provisions of this 

9 section. 

10 ‘‘(3) TERMINATION OF COUNSEL.—If at any 

11 time after the appointment of counsel, the court 

12 finds that the person represented is financially able 

13 to obtain counsel, the court may terminate the ap14 pointment of counsel as the interests of justice may 

15 dictate. 

16 ‘‘(4) SUBSTITUTE COUNSEL.—In the interests 

17 of justice or at the direction of the court, a Federal 

18 Public Defender may provide substitute counsel to 

19 financially qualified persons at any stage of the pro20 ceedings. 

21 ‘‘(5) DURATION.—A person for whom counsel is 

22 appointed shall be represented at every stage of the 

23 proceedings continuing through appeal, including an24 cillary matters appropriate to the proceedings. 


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1 ‘‘(6) MOTION FOR ADEQUATE COUNSEL.—If the 

2 Federal Public Defender does not appoint counsel, 

3 terminates counsel, substitutes counsel, or denies re4 sources necessary to the defense contrary to the per5 son’s constitutional rights, the person may raise the 

6 issue with the court by ex parte motion. If the court 

7 grants the request, the court shall direct the Federal 

8 Public Defender for their district to appoint counsel 

9 or provide resources. 

10 ‘‘(7) STANDBY COUNSEL.—If the court finds a 

11 person has knowingly and voluntarily waived the 

12 right to representation by counsel, the court may di13 rect the Federal Public Defender for their district to 

14 appoint standby counsel or otherwise provide re15 sources in accordance with the court’s order. 

16 ‘‘(f) APPEAL.—A person for whom counsel is ap17 pointed under this section may appeal to an appellate 

18 court or petition for writ of certiorari without prepayment 

19 of fees and costs or security therefore and without filing 

20 the affidavit required by section 1915(a) of title 28. 

21 ‘‘(g) FEDERAL PUBLIC DEFENSE COMMISSION; PUR22 POSE; ESTABLISHMENT; GOVERNANCE.— 

23 ‘‘(1) ESTABLISHMENT.—There is established an 

24 independent commission within the Judicial Branch 

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1 fense Commission for the purpose of providing high2 quality criminal defense services to all financially 

3 qualified persons. 

4 ‘‘(2) PURPOSES.—The purposes of the Commis5 sion are to— 

6 ‘‘(A) provide effective, competent, and con7 flict-free representation to all financially quali8 fied persons; 

9 ‘‘(B) ensure the efficacy and fairness of 

10 the Federal criminal legal system; and 

11 ‘‘(C) advise and educate the Executive, 

12 Legislative, and Judicial Branches about the ef13 fects of actual and proposed executive, judicial, 

14 and legislative policies on persons impacted by 

15 the Federal criminal legal system. 

16 ‘‘(3) COMMISSION STRUCTURE.—The Commis17 sion shall be governed by the Executive Board that 

18 is advised by the Advisory Board. The Commission 

19 shall further be advised by Circuit Boards which im20 plement the Commission’s work in each Federal ju21 dicial circuit. 

22 ‘‘(4) EXECUTIVE BOARD; COMPOSITION; AP23 POINTMENT; QUALIFICATIONS.— 

24 ‘‘(A) COMPOSITION.—The Executive Board 

25 shall consist of— 


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1 ‘‘(i) 7 voting members appointed pur2 suant to this section; 

3 ‘‘(ii) the Defender and Panel Rep4 resentative Chairs and Vice Chairs of the 

5 Advisory Board established pursuant to 

6 this section who shall be ex-officio voting 

7 members; and 

8 ‘‘(iii) the Executive Director of the 

9 Commission who shall be an ex-officio non10 voting member. 

11 ‘‘(B) APPOINTED MEMBERS.— 

12 ‘‘(i) INITIAL APPOINTMENT.— 

13 ‘‘(I) IN GENERAL.—Not later 

14 than 1 year after the date of enact15 ment of the Federal Public Defense 

16 Commission Act of 2024, the Chief 

17 Justice of the United States shall ap18 point the 7 non-partisan appointed 

19 members from among a list of 12 

20 nominees submitted by the existing 

21 Defender Services Advisory Group 

22 within the Administrative Office of 

23 the United States Courts. The Chief 

24 Justice may designate the Defender 

25 Services Advisory Group to appoint 


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1 the initial appointed members of the 

2 Executive Board. If the Chief Justice 

3 fails to make the appointments within 

4 1 year, the Defender Services Advi5 sory Group shall appoint the 7 ap6 pointed members. 

7 ‘‘(II) LIST.—The Defender Serv8 ices Advisory Group shall provide a 

9 list of 12 nominees to the Chief Jus10 tice not later than 180 days after the 

11 date of the enactment of the Federal 

12 Public Defense Commission Act of 

13 2024. 

14 ‘‘(ii) CHAIR AND VICE CHAIR; INITIAL

15 APPOINTMENT.—At the same time as the 

16 initial appointments, the Chief Justice, or 

17 the Defender Services Advisory Group if 

18 the Chief Justice fails to make the ap19 pointments, shall designate 1 appointed 

20 member as Chair and 1 as Vice Chair. The 

21 Chair and Vice Chair are subject to re22 moval by the Chief Justice of the United 

23 States, after consulting with the Judicial 

24 Conference. 


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1 ‘‘(iii) VACANCIES AND SUBSEQUENT

2 APPOINTMENTS.—As vacancies arise 

3 among the appointed members, the Chief 

4 Justice shall within 90 days of each va5 cancy make an appointment from a list of 

6 5 nominees submitted by the Advisory 

7 Board. If the Chief Justice does not make 

8 an appointment within 90 days of vacancy, 

9 the Executive Board shall fill the vacancy 

10 by making an appointment, by a majority 

11 vote, from the list of 5 nominees submitted 

12 by the Advisory Board to the Chief Jus13 tice. 

14 ‘‘(iv) TERM OF OFFICE.—The 7 ap15 pointed members shall be appointed for 6- 

16 year terms, except that the initial terms of 

17 the first appointed members shall be stag18 gered so that the Chair and Vice Chair 

19 serve terms of 6 years, 3 appointed mem20 bers serve terms of 4 years, and 2 ap21 pointed members serve terms of 2 years. 

22 ‘‘(v) QUALIFICATIONS.—To be eligible 

23 for appointment to the Executive Board, 

24 any appointed member must have devoted 

25 a substantial portion of their law practice 


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1 or professional career to the representation 

2 of individuals charged with or convicted of 

3 crimes for at least the 5-year period prior 

4 to their appointment. No member of the 

5 Board, at the time of membership, may be 

6 any of the following: 

7 ‘‘(I) An employee of a Federal 

8 Public Defender Office or Community 

9 Defender Organization. 

10 ‘‘(II) A panel attorney. 

11 ‘‘(III) A judge or employee of 

12 any court. 

13 ‘‘(IV) A prosecutor, an employee 

14 of a prosecutor’s office, or anyone who 

15 has held such position during a 5-year 

16 period prior to appointment. 

17 ‘‘(V) A law enforcement officer 

18 or an employee of a law enforcement 

19 agency or anyone who has held such 

20 position during a 5-year period prior 

21 to appointment. 

22 ‘‘(VI) An employee of the Com23 mission. 


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1 ‘‘(vi) RESTRICTION ON TERMS.—No 

2 appointed member of the Board may serve 

3 more than 2 full 6-year terms. 

4 ‘‘(C) MEETINGS.—The Executive Board 

5 and Advisory Board will meet in joint session at 

6 least twice a year in person and as often as 

7 needed in the interim. 

8 ‘‘(D) MEMBERSHIP AND TERMS OF OTHER

9 MEMBERS.—The Defender and Panel Rep10 resentative Chairs and Vice Chairs of the Advi11 sory Board shall serve as ex-officio voting mem12 bers of the Executive Board throughout their 

13 terms once elected by the Advisory Board. The 

14 Executive Director of the Commission shall 

15 serve as an ex-officio, nonvoting member of the 

16 Executive Board while serving as Executive Di17 rector. 

18 ‘‘(E) REMOVAL OF MEMBERS.—Any mem19 ber of the Executive Board may, for malfea20 sance in office, persistent neglect of or inability 

21 to discharge duties, or conviction for an offense 

22 involving moral turpitude, be removed by a vote 

23 of the majority of the Executive Board. 


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1 ‘‘(F) QUORUM.—Seven members of the 

2 Executive Board shall constitute a quorum for 

3 the purpose of transacting business. 

4 ‘‘(5) ADVISORY BOARD; COMPOSITION AND AP5 POINTMENT.— 

6 ‘‘(A) COMPOSITION.—The Advisory Board 

7 shall consist of a Federal Public Defender and 

8 a Panel Representative from each Federal judi9 cial circuit. Once convened, the Advisory Board 

10 shall elect a Defender Chair, Defender Vice 

11 Chair, a Panel Representative Chair, and Panel 

12 Representative Vice Chair. The Chairs and Vice 

13 Chairs shall serve as voting ex-officio members 

14 of the Executive Board. 

15 ‘‘(B) INITIAL APPOINTMENT.—At a time of 

16 their own election, but no later than 1 year 

17 after the date of enactment of the Federal Pub18 lic Defense Commission Act of 2024, the then19 current members of the Defender Services Advi20 sory Group shall become the initial Advisory 

21 Board. Not later than 1 year after the date of 

22 enactment of this Act, defender representatives 

23 and panel representatives for the First Circuit, 

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1 cuit shall be elected pursuant to subparagraph 

2 (C). 

3 ‘‘(C) VACANCIES.—If a vacancy arises that 

4 was previously occupied by a Federal Public 

5 Defender, that position shall be filled by a ma6 jority vote of the Federal Public Defenders 

7 from that circuit. If a vacancy arises that was 

8 previously occupied by a Panel Representative, 

9 that position shall be filled by a majority vote 

10 of the panel attorneys from that circuit. 

11 ‘‘(D) TERM OF OFFICE.—Members of the 

12 Advisory Board shall serve 3-year terms. Mem13 bers may serve no more than 2 consecutive 

14 terms. Previous terms served on the Defender 

15 Services Advisory Group shall not be treated as 

16 terms on the Advisory Board for this purpose. 

17 There shall be no limit on the number of non18 consecutive terms. 

19 ‘‘(E) REMOVAL.—If a Federal Public De20 fender or Panel Representative is no longer em21 ployed a Federal Public Defender or no longer 

22 serves as a panel attorney in their Federal judi23 cial circuit, they shall be removed from the Ad24 visory Board. Any member of the Advisory 

25 Board may, for malfeasance in office, persistent 


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1 neglect of or inability to discharge duties, or 

2 conviction of an offense involving moral turpi3 tude, be removed by a vote of the majority of 

4 the Advisory Board. 

5 ‘‘(6) CIRCUIT BOARDS; COMPOSITION; APPOINT6 MENT; QUALIFICATIONS.— 

7 ‘‘(A) COMPOSITION.—Each Federal judi8 cial circuit shall have a Circuit Board. Member9 ship of each Circuit Board shall consist of 1 

10 representative from each district in the judicial 

11 circuit or, where a Federal Public Defender is 

12 appointed for 2 or more districts, 1 representa13 tive from those districts. The Advisory Board 

14 Federal Public Defender and Panel Representa15 tive for a corresponding circuit shall be ex-offi16 cio voting members of their Circuit Board. Once 

17 convened, each Circuit Board shall elect a Chair 

18 and a Vice Chair. The Circuit Board for the 

19 United States Court of Appeals for the District 

20 of Columbia Circuit shall have 5 members. 

21 ‘‘(B) INITIAL APPOINTMENT.—Not later 

22 than 1 year after enactment of the Federal 

23 Public Defense Commission Act of 2024, the 

24 Executive Board shall appoint initial Circuit 

25 Boards for each Federal judicial circuit from a 


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1 list of at least 3 nominees for each judicial dis2 trict submitted by that judicial circuit’s Federal 

3 Public Defenders and Panel Representative. 

4 ‘‘(C) VACANCIES.—As vacancies arise on 

5 each Circuit Board, each vacancy shall be filled 

6 by the remaining members, who shall by major7 ity vote select a new member from a list of at 

8 least 3 nominees submitted by that Federal ju9 dicial circuit’s Federal Public Defenders and 

10 Panel Representative. 

11 ‘‘(D) TERM OF OFFICE.—Members of a 

12 Circuit Board shall serve 3-year terms. No 

13 member shall serve more than 2 consecutive 

14 terms. There shall be no limit on the number 

15 of non-consecutive terms. 

16 ‘‘(E) QUALIFICATIONS.— 

17 ‘‘(i) IN GENERAL.—To be eligible for 

18 appointment to a Circuit Board, a can19 didate must have devoted a substantial 

20 portion of their law practice or professional 

21 career to the representation of individuals 

22 charged with or convicted of crimes for at 

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1 ment to upholding the mission of public 

2 defense. 

3 ‘‘(ii) ELIGIBILITY.—At the time of 

4 membership, no Circuit Board non-ex-offi5 cio member may be any of the following: 

6 ‘‘(I) An employee of a Federal 

7 Public Defender Office or Community 

8 Defender Organization. 

9 ‘‘(II) A judge or employee of any 

10 court. 

11 ‘‘(III) A prosecutor, an employee 

12 of a prosecutor’s office, or anyone who 

13 has held such position during a 5-year 

14 period prior to appointment. 

15 ‘‘(IV) A law enforcement officer 

16 or an employee of a law enforcement 

17 agency or anyone who has held such 

18 position during a 5-year period prior 

19 to appointment. 

20 ‘‘(V) An employee of the Com21 mission. 

22 ‘‘(F) REMOVAL.—Any member of any Cir23 cuit Board may, for malfeasance in office, per24 sistent neglect of or inability to discharge du25 ties, or conviction of an offense involving moral 


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1 turpitude, be removed by a vote of the majority 

2 of that Circuit Board. 

3 ‘‘(h) COMPENSATION AND REIMBURSEMENT OF

4 BOARD MEMBERS.— 

5 ‘‘(1) EXECUTIVE BOARD.— 

6 ‘‘(A) CHAIR AND VICE CHAIR; RATES OF

7 PAY.—The Chair and Vice Chair of the Execu8 tive Board shall be full-time employees and 

9 compensated at the same rate as judges of the 

10 courts of appeals of the United States. 

11 ‘‘(B) OTHER APPOINTED MEMBERS; RATES

12 OF PAY.—Other appointed members shall hold 

13 part-time positions and shall be paid at the 

14 daily rate at which judges of the courts of ap15 peals of the United States are compensated. No 

16 appointed member, except the Chair and Vice 

17 Chair, shall be paid for more than 90 days in 

18 any calendar year. 

19 ‘‘(C) TRAVEL EXPENSES.—Each member 

20 of the Executive Board shall receive travel ex21 penses, including per diem in lieu of subsist22 ence, in accordance with applicable provisions 

23 under subchapter I of chapter 57 of title 5. 

24 ‘‘(2) ADVISORY BOARD.— 


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1 ‘‘(A) RATES OF PAY.—Members of the Ad2 visory Board who are also employees of the 

3 Commission shall serve without additional com4 pensation. Members of the Advisory Board who 

5 are also panel attorneys shall be paid at the 

6 daily rate at which judges of the courts of ap7 peals of the United States are compensated. No 

8 member shall be paid for more than 30 days in 

9 any calendar year. 

10 ‘‘(B) TRAVEL EXPENSES.—Each member 

11 of the Advisory Board shall receive travel ex12 penses, including per diem in lieu of subsist13 ence, in accordance with applicable provisions 

14 under subchapter I of chapter 57 of title 5. 

15 ‘‘(3) CIRCUIT BOARDS.— 

16 ‘‘(A) RATES OF PAY.—Except for those 

17 who are also members of the Advisory Board, 

18 members of the Circuit Boards shall hold part19 time positions and shall be paid at the daily 

20 rate at which judges of the courts of appeals of 

21 the United States are compensated. No member 

22 shall be paid for more than 90 days in any cal23 endar year. 

24 ‘‘(B) TRAVEL EXPENSES.—Each member 

25 of a Circuit Board shall receive travel expenses, 


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1 including per diem in lieu of subsistence, in ac2 cordance with applicable provisions under sub3 chapter I of chapter 57 of title 5. 

4 ‘‘(i) POWERS OF BOARDS.— 

5 ‘‘(1) EXECUTIVE BOARD; POWERS.—The Execu6 tive Board may, by vote of a majority of the mem7 bers present and voting— 

8 ‘‘(A) submit to Congress, in consultation 

9 with the Executive Director, requests for appro10 priations for the provision of indigent defender 

11 services in the Federal criminal justice system 

12 and direct use of funds made available to the 

13 Commission; 

14 ‘‘(B) devise and conduct training programs 

15 for those persons engaged in the fields of Fed16 eral criminal defense; 

17 ‘‘(C) utilize, with their cooperation, the 

18 services, equipment, personnel, information, and 

19 facilities of other Federal, State, local, and pri20 vate agencies and instrumentalities with or 

21 without compensation therefor; 

22 ‘‘(D) procure for the Commission tem23 porary or intermittent services to the same ex24 tent as authorized by section 3109(b) of title 5; 


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1 ‘‘(E) without regard to section 3324 of 

2 title 31, enter into and perform such contracts, 

3 leases, cooperative agreements, and other trans4 actions as may be necessary to conduct the 

5 functions of the Commission with any public 

6 agency, or with any person, firm, association, 

7 corporation, educational institution, or non8 profit organization; 

9 ‘‘(F) accept and employ, in carrying out 

10 the duties of the Commission, voluntary and 

11 uncompensated services, notwithstanding the 

12 provisions of section 1342 of title 31, except 

13 that individuals providing such services shall 

14 not be considered Federal employees except for 

15 purposes of chapter 81 of title 5 with respect 

16 to job-incurred disability and title 28 with re17 spect to tort claims; 

18 ‘‘(G) request such information, data, and 

19 reports from any Federal agency or judicial of20 ficer as the Commission may from time to time 

21 require and as may be produced consistent with 

22 other law; 

23 ‘‘(H) remove a Federal Public Defender 

24 upon recommendation by a Circuit Board; 


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1 ‘‘(I) retain private attorneys to provide ad2 vice to the Commission in the conduct of its 

3 work, or to appear for or represent the Com4 mission in any case or controversy in which it 

5 is a party or otherwise has a legal interest; and 

6 ‘‘(J) delegate any powers in this subsection 

7 to the Executive Director or the Circuit Boards. 

8 ‘‘(2) ADVISORY BOARD; POWERS.—The Advi9 sory Board may consult with, advise, and obtain in10 formation from the Executive Board, the Executive 

11 Director, and the Circuit Boards concerning the ad12 ministration of Federal public defense, including any 

13 aspect or exercise of the powers or duties of the Ex14 ecutive Board. 

15 ‘‘(3) CIRCUIT BOARDS; POWERS.—Each Circuit 

16 Board, by an affirmative vote of a majority of its 

17 members, may— 

18 ‘‘(A) adopt or revise the circuit plan for 

19 appointing appellate counsel consistent with the 

20 provisions of this section; 

21 ‘‘(B) direct any Federal Public Defender of 

22 any district within the circuit to revise that dis23 trict’s plan for appointing counsel consistent 

24 with the provisions of this section; and 


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1 ‘‘(C) hire staff as necessary to exercise its 

2 powers and discharge its duties, subject to 

3 staffing levels and budgets set by the Executive 

4 Board. 

5 ‘‘(4) COORDINATION WITH ADMINISTRATIVE OF6 FICE.—Upon request of the Executive Board or 

7 their designees, the Administrative Office of the 

8 United States Courts is authorized and directed to 

9 make its services, equipment, personnel, facilities, 

10 and information available to the greatest practicable 

11 extent to the Commission in the execution of its 

12 functions. 

13 ‘‘(j) DUTIES OF BOARDS.— 

14 ‘‘(1) EXECUTIVE BOARD; DUTIES.— 

15 ‘‘(A) IN GENERAL.—The Executive 

16 Board— 

17 ‘‘(i) shall, by vote of a majority of the 

18 members present and voting— 

19 ‘‘(I) promulgate and distribute 

20 bylaws governing the operation of the 

21 Executive Board, which may include 

22 provisions authorizing other officers of 

23 the Executive Board and governing 

24 proxy voting, remote meetings, and 


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1 the appointment of committees or ad2 visory groups; 

3 ‘‘(II) establish and maintain a 

4 Federal Public Defender Office for 

5 each Federal judicial district; 

6 ‘‘(III) appoint and fix the salary 

7 and duties of the Executive Director; 

8 ‘‘(IV) appoint and fix the duties 

9 of a Federal Public Defender; 

10 ‘‘(V) establish and maintain 

11 standards for the provisions of indi12 gent defense services; 

13 ‘‘(VI) approve staffing levels and 

14 budgets for Federal Public Defender 

15 Offices, the Executive Director’s Of16 fice, the Commission, and Circuit 

17 Boards; 

18 ‘‘(VII) establish, in consultation 

19 with Circuit Boards, compensation 

20 rates for panel attorneys providing 

21 representation under this section to 

22 cover reasonable expenses and a fair 

23 hourly wage based on locality; 

24 ‘‘(VIII) establish procedures to 

25 obtain and reimburse investigators, 


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1 experts, and other providers of de2 fense services necessary for adequate 

3 representation of financially qualified 

4 persons; and 

5 ‘‘(IX) consult with the Advisory 

6 Board, Executive Director, and Cir7 cuit Boards as appropriate in exer8 cising its powers and discharging its 

9 duties; and 

10 ‘‘(ii) may establish a single Federal 

11 Public Defender Office to serve 2 or more 

12 adjacent Federal judicial districts or parts 

13 of Federal judicial districts. 

14 ‘‘(B) CURRENT OFFICES.—A Federal Pub15 lic Defender Office or Community Defender Of16 fice that is in existence on the date of enact17 ment of the Federal Public Defense Commis18 sion Act of 2024— 

19 ‘‘(i) shall be considered established for 

20 purposes of this subsection; and 

21 ‘‘(ii) may continue to function as a 

22 Federal Public Defender Office or Commu23 nity Defender Office, subject to subsection 

24 (d)(1) of this Act. 


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1 ‘‘(2) ADVISORY BOARD; DUTIES.—The Advisory 

2 Board, by an affirmative vote of the majority of its 

3 members, shall— 

4 ‘‘(A) elect a Defender Chair and Vice 

5 Chair from among its members who are Federal 

6 Public Defenders and elect a Panel Representa7 tive Chair and Vice Chair from among its mem8 bers who are Panel Representatives and are del9 egated to serve as ex-officio voting members of 

10 the Executive Board; 

11 ‘‘(B) promulgate and distribute bylaws 

12 governing the operation of the Advisory Board, 

13 which may include provisions authorizing other 

14 officers of the Advisory Board and governing 

15 proxy voting, remote meetings, and the appoint16 ment of committees or advisory groups; and 

17 ‘‘(C) submit nominees for appointment to 

18 the Executive Board in accordance with this 

19 section. 

20 ‘‘(3) CIRCUIT BOARDS; DUTIES.—Each Circuit 

21 Board, by an affirmative vote of a majority of its 

22 members, shall— 

23 ‘‘(A) promulgate and distribute bylaws 

24 governing the operation of the Circuit Board, 

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1 cers of the Circuit Board and governing proxy 

2 voting, remote meetings, and the appointment 

3 of committees or advisory groups; 

4 ‘‘(B) nominate a Federal Public Defender 

5 for each district, or 2 or more districts when 

6 combined into a single Federal Public Defender 

7 Office, within the circuit for appointment by the 

8 Executive Board; 

9 ‘‘(C) recommend to the Executive Board 

10 the removal of any Federal Public Defender in 

11 any district within that circuit for malfeasance 

12 in office, persistent neglect or inability to dis13 charge duties, or conviction of an offense involv14 ing moral turpitude; 

15 ‘‘(D) establish procedures for compensa16 tion of panel attorneys within the circuit ap17 pointed under this section; 

18 ‘‘(E) establish procedures through which 

19 panel attorneys within the circuit can appeal 

20 decisions denying or reducing claims for pay21 ment and reimbursement; 

22 ‘‘(F) establish procedures for selection, ap23 pointment, and compensation of appellate panel 

24 attorneys; 


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1 ‘‘(G) establish procedures for appointing 

2 panel attorneys to that circuit’s appellate panel; 

3 and 

4 ‘‘(H) establish procedures for reviewing 

5 claims for payment and reimbursement sub6 mitted by that circuit’s appellate panel attor7 neys. 

8 ‘‘(k) EXECUTIVE DIRECTOR OF THE FEDERAL PUB9 LIC DEFENSE COMMISSION.— 

10 ‘‘(1) APPOINTMENT AND REMOVAL.—The Exec11 utive Director of the Commission shall be appointed 

12 by and serve at the pleasure of the Executive Board. 

13 ‘‘(2) QUALIFICATIONS.—The Executive Director 

14 for the Commission shall be experienced in public 

15 defense and the representation of indigent persons 

16 charged with Federal crimes, be a member of the 

17 highest bar of any State, and shall not, at the time 

18 of their appointment or during their term of service, 

19 be an appointed member of the Board. 

20 ‘‘(3) EXECUTIVE DIRECTOR; DUTIES.—The Ex21 ecutive Director shall— 

22 ‘‘(A) employ, without regard to the provi23 sions of title 5 governing appointments in the 

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1 sonnel in such number consistent with the staff2 ing levels set by the Executive Board; 

3 ‘‘(B) supervise the activities of persons em4 ployed by the Executive Director’s Office; and 

5 ‘‘(C) perform such other duties as assigned 

6 by the Executive Board. 

7 ‘‘(l) EMPLOYEES OF THE FEDERAL PUBLIC DE8 FENSE COMMISSION.— 

9 ‘‘(1) IN GENERAL.—Federal Public Defenders, 

10 employees of Federal Public Defender Offices, the 

11 Executive Director, employees of the Executive Di12 rector’s Office, and employees of Circuit Boards 

13 shall be treated as employees of the Commission. 

14 ‘‘(2) FEDERAL EMPLOYEES.—Employees of the 

15 Commission shall be treated as employees of the 

16 Federal Government solely for purposes of any of 

17 the following provisions of title 5: 

18 ‘‘(A) Chapter 45. 

19 ‘‘(B) Chapter 63. 

20 ‘‘(C) Subchapter 1 of chapter 81. 

21 ‘‘(D) Chapter 83. 

22 ‘‘(E) Chapter 84. 

23 ‘‘(F) Chapter 85. 

24 ‘‘(G) Chapter 87. 

25 ‘‘(H) Chapter 89. 


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1 ‘‘(I) Subchapter VI of Chapter 55. 

2 ‘‘(3) COMPENSATION.— 

3 ‘‘(A) EXECUTIVE DIRECTOR.—The com4 pensation of Executive Director shall be equal 

5 to the rate of basic pay payable to level IV of 

6 the Executive Schedule under section 5315 of 

7 title 5 and shall receive locality pay except that 

8 the total financial compensation for the Execu9 tive Director may not exceed Level I of the Ex10 ecutive Schedule. 

11 ‘‘(B) FEDERAL PUBLIC DEFENDERS.—The 

12 compensation of each Federal Public Defender 

13 shall be set by the Executive Board and may 

14 not exceed the rate of basic pay payable to level 

15 IV of the Executive Schedule under section 

16 5315 of title 5 and shall receive locality pay ex17 cept that the total financial compensation for a 

18 Federal Public Defender may not exceed Level 

19 I of the Executive Schedule. 

20 ‘‘(C) OTHER COMMISSION EMPLOYEES.— 

21 The Executive Board shall establish procedures 

22 for fixing the compensation for other Commis23 sion employees, not to exceed the rate of basic 

24 pay payable to level II of the Executive Sched25 ule under section 5315 of title 5. Compensation 


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1 for employees of the Executive Director’s Office 

2 may not exceed that of the Executive Director. 

3 Compensation for employees of Federal Public 

4 Defender Offices may not exceed that of the 

5 Federal Public Defender for their district or 

6 districts. 

7 ‘‘(4) CONTRIBUTIONS.—The Commission shall 

8 make contributions under the provisions referred to 

9 in paragraph (2) at the same rates applicable to 

10 agencies of the Federal Government. 

11 ‘‘(5) THRIFT SAVINGS PLAN (TSP).—Employees 

12 of the Commission may make an election under sec13 tion 8351 or section 8432 of title 5 to participate in 

14 the Thrift Savings Plan for Federal employees. 

15 ‘‘(6) OUTSIDE PRACTICE OF LAW PROHIB16 ITED.—No full-time employee of the Commission 

17 may engage in the outside practice of law. 

18 ‘‘(7) MALPRACTICE AND NEGLIGENCE SUITS.— 

19 The Commission shall, to the extent the Commission 

20 considers appropriate, provide representation for and 

21 hold harmless, or provide liability insurance for, any 

22 person who is an officer or employee of the Commis23 sion for money damages for injury, loss of liberty, 

24 loss of property, or personal injury or death arising 

25 from malpractice or negligence of any such officer or 


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1 employee in furnishing representational services 

2 under this section, while acting within the scope of 

3 that person’s office or employment. 

4 ‘‘(m) FEDERAL PUBLIC DEFENDER OFFICES AND

5 FEDERAL PUBLIC DEFENDERS.— 

6 ‘‘(1) ESTABLISHMENT.—No later than 1 year 

7 after the date of enactment of the Federal Public 

8 Defense Commission Act of 2024, the Commission 

9 shall establish a Federal Public Defender Office in 

10 each Federal judicial district. Notwithstanding the 

11 preceding sentence, the Commission may establish a 

12 single Federal public defender office to serve 2 or 

13 more adjacent districts or parts of districts. In the 

14 event that adjacent districts or parts of districts are 

15 located in different circuits, the plan for furnishing 

16 representation shall be approved by the Executive 

17 Board, with the advice of the Advisory Board. A 

18 Federal Public Defender Office or Community De19 fender Office that is in existence on the date of en20 actment of the Federal Public Defense Commission 

21 Act of 2024 shall be considered established for pur22 poses of subsection and may continue to function. 

23 ‘‘(2) FEDERAL PUBLIC DEFENDERS.—Each 

24 Federal Public Defender Office shall be headed by a 

25 Federal Public Defender appointed in accordance 


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1 with this section. A Federal Public Defender or Ex2 ecutive Director of a Community Defender Organi3 zation who was appointed before the date of enact4 ment of the Federal Public Defense Commission Act 

5 of 2024 will continue to serve in that capacity unless 

6 removed in accordance with this section. 

7 ‘‘(3) FEDERAL PUBLIC DEFENDER; POWERS.— 

8 Each Federal Public Defender may— 

9 ‘‘(A) employ, without regard to the provi10 sions of title 5 governing appointments in the 

11 competitive service, attorneys and other per12 sonnel in such number consistent with the staff13 ing levels set by the Executive Board; 

14 ‘‘(B) without regard to section 3324 of 

15 title 31, enter into and perform such contracts, 

16 leases, cooperative agreements, and other trans17 actions as may be necessary to discharge the 

18 duties of the Federal Public Defender Office 

19 with any public agency, or with any person, 

20 firm, association, corporation, educational insti21 tution, or nonprofit organization, subject to ap22 proval by the Executive Director; 

23 ‘‘(C) accept and employ, in carrying out 

24 the duties of the Federal Public Defender Of25 fice, voluntary and uncompensated services, 


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1 notwithstanding the provisions of section 1342 

2 of title 31, except that individuals providing 

3 such services shall not be considered Federal 

4 employees except for purposes of chapter 81 of 

5 title 5 with respect to job-incurred disability 

6 and title 28 with respect to tort claims; 

7 ‘‘(D) devise and conduct seminars, work8 shops, and training programs of instruction in 

9 criminal defense and post-conviction law and 

10 techniques for persons engaged in the fields of 

11 Federal criminal defense and post-conviction 

12 law in the district or districts served by the 

13 Federal Public Defender Office; and 

14 ‘‘(E) serve on any advisory board, working 

15 group, council, or other professional or govern16 mental committee addressing issues related to 

17 criminal defense, penal or correctional policy, or 

18 the provision of indigent criminal defense serv19 ices. 

20 ‘‘(4) FEDERAL PUBLIC DEFENDER; DUTIES.— 

21 ‘‘(A) IN GENERAL.—Each Federal Public 

22 Defender is responsible for providing and ap23 pointing qualified, competent, conflict-free 

24 counsel in accordance with this section. Not 

25 later than 1 year after the date of enactment of 


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1 the Federal Public Defense Commission Act of 

2 2024, each Federal Public Defender shall pre3 pare a plan to provide for the appointment of 

4 such counsel for the district or districts served 

5 by their Federal Public Defender Office. At 

6 minimum, the plan shall— 

7 ‘‘(i) ensure that each person eligible 

8 for appointment of counsel is appointed 

9 qualified, competent, and conflict-free 

10 counsel who has access to the resources 

11 and services necessary to provide high12 quality representation to that person; 

13 ‘‘(ii) appoint qualified counsel to as14 sist the district’s or districts’ panel attor15 neys and coordinate the appointment of 

16 qualified, competent, and conflict-free 

17 counsel; 

18 ‘‘(iii) establish procedures for appoint19 ing qualified trial attorneys within their 

20 district or districts; and 

21 ‘‘(iv) ensure that panel attorneys shall 

22 be appointed in an appropriate portion of 

23 cases in accordance with the district’s plan. 

24 ‘‘(B) PROCEDURES.—Each Federal Public 

25 Defender shall develop procedures to ensure 


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1 that private counsel for any person who is fi2 nancially unable to obtain services other than 

3 counsel necessary for adequate representation 

4 may request from the Federal Public Defender 

5 a determination of financial eligibility. Upon a 

6 judicial finding that the person is financially 

7 unable to obtain such services, the Federal Pub8 lic Defender shall authorize payment for such 

9 services. 

10 ‘‘(n) ANNUAL AND COMPREHENSIVE REPORTS.— 

11 ‘‘(1) EXECUTIVE BOARD.—The Executive 

12 Board shall— 

13 ‘‘(A) submit to Congress, the President, 

14 and the Judicial Conference of the United 

15 States an annual report regarding the operation 

16 of the Commission pursuant to this title and 

17 the delivery of Federal criminal defense services 

18 pursuant to this section; and 

19 ‘‘(B) submit to Congress, the President, 

20 and the Judicial Conference of the United 

21 States a report every 7 years containing a com22 prehensive review and evaluation of the imple23 mentation of the operation of the Commission, 

24 including whether further structural changes 

25 are appropriate, pursuant to this title and the 


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1 delivery of Federal criminal defense services 

2 pursuant to this section. 

3 ‘‘(2) CIRCUIT BOARDS.—Each Circuit Board 

4 shall submit to the Executive Board an annual re5 port regarding the operation of the Circuit Board 

6 and the delivery of Federal criminal defense services 

7 in that circuit and each judicial district within the 

8 circuit. 

9 ‘‘(o) DEFINITIONS.—In this section: 

10 ‘‘(1) ADVISORY BOARD.—The term ‘Advisory 

11 Board’ means Federal Public Defense Advisory 

12 Board. 

13 ‘‘(2) APPOINTED MEMBER.—The term ‘ap14 pointed member’ means a member of the Executive 

15 Board who is not the Defender or the Panel Rep16 resentative Chair or Vice Chair of the Advisory 

17 Board, or the Executive Director of the Federal 

18 Public Defense Commission. 

19 ‘‘(3) COMMISSION.—The term ‘Commission’ 

20 means Federal Public Defense Commission. 

21 ‘‘(4) CIRCUIT BOARD.—The term ‘Circuit 

22 Board’ means the Circuit Federal Public Defense 

23 Board in each judicial circuit. 


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1 ‘‘(5) EXECUTIVE BOARD.—The term ‘Executive 

2 Board’ means Federal Public Defense Executive 

3 Board of Directors. 

4 ‘‘(6) FEDERAL PUBLIC DEFENDER.—The term 

5 ‘Federal Public Defender’— 

6 ‘‘(A) means the individual appointed by the 

7 Commission to oversee the districts; and 

8 ‘‘(B) includes Executive Directors of Com9 munity Defender Offices. 

10 ‘‘(7) FINANCIALLY QUALIFIED PERSON.—The 

11 term ‘financially qualified person’ means an indi12 vidual who qualifies for representation under this 

13 section. 

14 ‘‘(8) PANEL ATTORNEY.—The term ‘panel at15 torney’ means a private attorney authorized by the 

16 Commission to represent individuals pursuant to the 

17 provisions of this section. 

18 ‘‘(9) PANEL REPRESENTATIVE.—The term 

19 ‘panel representative’ means a panel attorney se20 lected to serve on the Defender Services Advisory 

21 Board.’’. 

22 (b) MEMBERSHIP ON COMMITTEES AND CON23 FERENCES.— 

24 (1) IN GENERAL.—The Chief Justice of the Su25 preme Court of the United States may add the ExVerDate Sep 11 2014 02:28 Jan 18, 2025 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S5526.IS S5526

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1 ecutive Director of the Federal Public Defense Com2 mission, or their designee, to any advisory commit3 tees of the Judicial Conference of the United States. 

4 (2) CIRCUIT JUDICIAL COUNCILS.—Each judi5 cial circuit may include 1 or more Federal Public 

6 Defenders or Panel Representatives for judicial dis7 tricts located within the circuit on any judicial coun8 cil of the circuit. 

9 (3) UNITED STATES SENTENCING COMMIS10 SION.—Section 991(a) of title 28, United States 

11 Code, is amended— 

12 (A) in the first sentence, by striking ‘‘one 

13 nonvoting member’’ and inserting ‘‘two non14 voting members’’; and 

15 (B) by striking the fifth sentence and in16 serting the following: ‘‘The Attorney General, 

17 or the Attorney General’s designee, and the De18 fender Chair of the Advisory Board of the Fed19 eral Public Defense Commission or their des20 ignee, shall be ex-officio, nonvoting members of 

21 the Commission.’’. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 201 of title 18, United 

24 States Code, is amended by striking the item relating to 

25 section 3006A and inserting the following: 

‘‘3006A. Appointment of Counsel for financially eligible persons.’’. 


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1 (d) TRANSITION AND MISCELLANEOUS PROVI2 SIONS.— 

3 (1) FEDERAL PUBLIC DEFENDER OFFICES.— 

4 (A) IN GENERAL.—Notwithstanding any 

5 other provision of law, a Federal Public De6 fender organization or Community Defender 

7 Organization in existence, before the date of en8 actment of this Act, shall continue in operation. 

9 The Federal Public Defender, Executive Direc10 tor, or other head of each organization in office 

11 on the date of enactment of the Act, may con12 tinue to serve in that capacity unless removed 

13 pursuant to section 3006A of title 18, United 

14 States Code. 

15 (B) EXISTING COMMUNITY DEFENDER OR16 GANIZATIONS.—An existing Community De17 fender Organization may petition in writing to 

18 become a Federal Public Defender Office for its 

19 district, subject to approval by the Executive 

20 Board. Not later than 5 years after the date of 

21 enactment of this Act, all existing Community 

22 Defender Organizations must become a Federal 

23 Public Defender Office. The Commission may 

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1 tered by the Administrative Office of the United 

2 States Courts, for Community Defender Orga3 nizations to continue their function and to be4 come Federal Public Defender Offices. 

5 (C) RETIREMENT.—Any period of service 

6 of an employee of an existing Community De7 fender Organization that becomes a Federal 

8 Public Defender Office under subparagraph (B) 

9 shall be deemed creditable service for purposes 

10 of section 8332 or 8411 of title 5, United 

11 States Code, and service under section 

12 8905(b)(1)(A) of that title. 

13 (D) ANNUAL AND SICK LEAVE.—The an14 nual and sick leave to the credit of an employee 

15 of an existing Community Defender Organiza16 tion that becomes a Federal Public Defender 

17 Office shall be transferred to the employee’s 

18 credit under the Federal Public Defender Of19 fice. 

20 (2) RESPONSIBILITY OF ADMINISTRATIVE OF21 FICE OF THE UNITED STATES COURTS TO ENSURE

22 ORDERLY TRANSITION.—After the date of enactment 

23 of this Act, the Administrative Office of the United 

24 States Courts shall take every step within its power 

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1 sion is established and to provide for an orderly 

2 transition of all defender services functions to the 

3 Commission. The Administrative Office is authorized 

4 and directed to expend funds from the defender 

5 services account, and other authorized funds, to fa6 cilitate the establishment of the Commission and the 

7 orderly transition of all defender services functions 

8 to the Commission. The Administrative Office is di9 rected to provide structure and continued services as 

10 needed for the Commission to fulfill its purposes. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to the Com13 mission, out of money in the Treasury not otherwise 

14 appropriated, sums necessary to carry out the provi15 sions of this Act, including funds for the establish16 ment of the Federal Public Defense Commission, the 

17 transition from the Administrative Office of the 

18 United States Courts to the Commission, the ongo19 ing operation of the Commission, and continuing 

20 education and training of persons providing defense 

21 services under this section. When so specified in ap22 propriation Acts, such appropriations shall remain 

23 available until expended. Payments from such appro24 priations shall be made under the supervision of the 

25 Executive Director of the Commission. 


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1 (4) APPLICABILITY IN THE DISTRICT OF CO2 LUMBIA.—The provisions of this section shall apply 

3 in the United States District Court for the District 

4 of Columbia and the United States Court of Appeals 

5 for the District of Columbia Circuit and territories 

6 of the United States. The provisions of this section 

7 shall not apply to the Superior Court of the District 

8 of Columbia and the District of Columbia Court of 

9 Appeals. 

10 (5) COUNSEL FOR FINANCIALLY UNABLE DE11 FENDANTS.—Section 3599 of title 18, United States 

12 Code, is amended— 

13 (A) by striking subsections (b), (c), (d), 

14 (f), and (g); 

15 (B) by redesignating subsection (e) as sub16 section (c); and 

17 (C) by striking subsection (a) and insert18 ing the following: 

19 ‘‘(a) Notwithstanding any other provision of law to 

20 the contrary, in every criminal action in which a defendant 

21 is charged with a crime which may be punishable by death, 

22 a defendant who is or becomes financially unable to obtain 

23 adequate representation or investigative, expert, or other 

24 reasonably necessary services at any time either— 

25 ‘‘(1) before judgment; or 


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1 ‘‘(2) after the entry of a judgment imposing a 

2 sentence of death but before the execution of that 

3 judgment; 

4 shall be entitled to the appointment of one or more quali5 fied capital attorneys and the furnishing of such other 

6 services in accordance with section 3006A. 

7 ‘‘(b) In any post conviction proceeding under section 

8 2254 or 2255 of title 28 seeking to vacate or set aside 

9 a death sentence, any defendant who is or becomes finan10 cially unable to obtain adequate representation or inves11 tigative, expert, or other reasonably necessary services 

12 shall be entitled to the appointment of one or more attor13 neys and the furnishing of such other services in accord14 ance with section 3006A.’’. 

Æ 


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