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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5526 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Public Defense Commission 
Act of 2024''.

SEC. 2. PROVISION OF FEDERAL PUBLIC DEFENSE.

    (a) In General.--Chapter 201 of title 18, United States Code, is 
amended by striking section 3006A and inserting the following:
``Sec. 3006A. Appointment of Counsel for financially eligible persons
    ``(a) Eligibility.--Any person who is financially unable to obtain 
adequate representation shall be provided representation in accordance 
with this section.
    ``(b) Scope.--Representation shall be provided by a Federal Public 
Defender Organization or attorneys selected from a panel of qualified 
attorneys as set forth in this section and shall include investigative, 
expert, and other services necessary for adequate representation.
    ``(c) Mandatory Appointment.--Representation shall be provided for 
any financially qualified person who--
            ``(1) is charged in Federal court with a felony or a Class 
        A misdemeanor;
            ``(2) is a juvenile alleged to have committed an act of 
        juvenile delinquency, as defined in section 5031;
            ``(3) is charged with a violation of probation or 
        supervised release, or faces a modification, reduction, or 
        enlargement of a condition of probation or supervised release, 
        or faces an extension or revocation of a term of probation or 
        supervised release;
            ``(4) is under arrest, when such representation is required 
        by law;
            ``(5) is subject to a mental condition hearing under 
        chapter 313;
            ``(6) is in custody as a material witness;
            ``(7) faces loss of liberty in a case;
            ``(8) is entitled to the appointment of counsel under 
        section 4109;
            ``(9) is entitled to the appointment of counsel under 
        section 3599;
            ``(10) is appealing or responding to an appeal, including a 
        bail appeal, interlocutory appeal, petition for rehearing, 
        petition for en banc, or petition for certiorari; or
            ``(11) is otherwise entitled to appointment of counsel 
        under the Sixth Amendment to the Constitution of the United 
        States.
    ``(d) Nonmandatory Appointment.--Representation may be provided for 
any financially qualified person who--
            ``(1) is charged with a Class B or C misdemeanor, or an 
        infraction for which a sentence to confinement is authorized;
            ``(2) is seeking relief in non-capital cases under section 
        2241, 2254, or 2255 of title 28;
            ``(3) is seeking clemency in non-capital cases, including a 
        pardon, commutation of sentence, remission of fine or 
        restitution, or a reprieve;
            ``(4) is charged with civil or criminal contempt;
            ``(5) may be a witness before a grand jury, a court, or 
        other Federal tribunal which has the power to compel testimony 
        and where there is reason to believe, either prior to or during 
        testimony, that the witness could be subject to a criminal 
        prosecution, a civil or criminal contempt proceeding, or face 
        loss of liberty;
            ``(6) has been proposed by the United States attorney for 
        processing under a pretrial diversion program, or is facing 
        cancellation of a diversion agreement;
            ``(7) is being held for international extradition under 
        chapter 209;
            ``(8) may be eligible for a reduced or modified sentence; 
        or
            ``(9) otherwise deserves appointment of counsel for 
        purposes of protection against criminal liability or loss of 
        liberty.
    ``(e) Procedures.--
            ``(1) In general.--When a United States attorney, 
        magistrate judge, or other court official becomes aware that a 
        person may meet the criteria set forth in subsection (c) or (d) 
        of this section for the appointment of counsel, they shall 
        notify the Federal Public Defender for their district and 
        advise the person of the right to be represented by counsel and 
        that counsel will be appointed if such person is financially 
        unable to obtain counsel. The United States attorneys, 
        judiciary, and other court officials shall cooperate and 
        communicate with the Federal Public Defender in the appropriate 
        judicial district to ensure that counsel is timely provided in 
        all qualified cases.
            ``(2) Appointment of counsel.--Unless the person has 
        retained counsel or knowingly and voluntarily waives 
        representation by counsel, the court shall determine the 
        person's financial eligibility for appointed counsel at the 
        initial appearance in court or at the request of the Federal 
        Public Defender. Upon such determination that the person 
        financially qualifies for appointed counsel, the court shall 
        direct the Federal Public Defender for their district to 
        appoint counsel in accordance with the provisions of this 
        section. Such appointment may be made retroactive to include 
        any representation furnished prior to appointment. The Federal 
        Public Defender shall appoint separate counsel for all 
        qualified persons having interests that cannot properly be 
        represented by the same counsel, or when other good cause is 
        shown. If at any stage of the proceedings, the court determines 
        that a person has become financially unable to pay counsel who 
        the person had retained, the court shall direct the Federal 
        Public Defender to provide counsel consistent with the 
        provisions of this section.
            ``(3) Termination of counsel.--If at any time after the 
        appointment of counsel, the court finds that the person 
        represented is financially able to obtain counsel, the court 
        may terminate the appointment of counsel as the interests of 
        justice may dictate.
            ``(4) Substitute counsel.--In the interests of justice or 
        at the direction of the court, a Federal Public Defender may 
        provide substitute counsel to financially qualified persons at 
        any stage of the proceedings.
            ``(5) Duration.--A person for whom counsel is appointed 
        shall be represented at every stage of the proceedings 
        continuing through appeal, including ancillary matters 
        appropriate to the proceedings.
            ``(6) Motion for adequate counsel.--If the Federal Public 
        Defender does not appoint counsel, terminates counsel, 
        substitutes counsel, or denies resources necessary to the 
        defense contrary to the person's constitutional rights, the 
        person may raise the issue with the court by ex parte motion. 
        If the court grants the request, the court shall direct the 
        Federal Public Defender for their district to appoint counsel 
        or provide resources.
            ``(7) Standby counsel.--If the court finds a person has 
        knowingly and voluntarily waived the right to representation by 
        counsel, the court may direct the Federal Public Defender for 
        their district to appoint standby counsel or otherwise provide 
        resources in accordance with the court's order.
    ``(f) Appeal.--A person for whom counsel is appointed under this 
section may appeal to an appellate court or petition for writ of 
certiorari without prepayment of fees and costs or security therefore 
and without filing the affidavit required by section 1915(a) of title 
28.
    ``(g) Federal Public Defense Commission; Purpose; Establishment; 
Governance.--
            ``(1) Establishment.--There is established an independent 
        commission within the Judicial Branch of the United States 
        called the Federal Public Defense Commission for the purpose of 
        providing high-quality criminal defense services to all 
        financially qualified persons.
            ``(2) Purposes.--The purposes of the Commission are to--
                    ``(A) provide effective, competent, and conflict-
                free representation to all financially qualified 
                persons;
                    ``(B) ensure the efficacy and fairness of the 
                Federal criminal legal system; and
                    ``(C) advise and educate the Executive, 
                Legislative, and Judicial Branches about the effects of 
                actual and proposed executive, judicial, and 
                legislative policies on persons impacted by the Federal 
                criminal legal system.
            ``(3) Commission structure.--The Commission shall be 
        governed by the Executive Board that is advised by the Advisory 
        Board. The Commission shall further be advised by Circuit 
        Boards which implement the Commission's work in each Federal 
        judicial circuit.
            ``(4) Executive board; composition; appointment; 
        qualifications.--
                    ``(A) Composition.--The Executive Board shall 
                consist of--
                            ``(i) 7 voting members appointed pursuant 
                        to this section;
                            ``(ii) the Defender and Panel 
                        Representative Chairs and Vice Chairs of the 
                        Advisory Board established pursuant to this 
                        section who shall be ex-officio voting members; 
                        and
                            ``(iii) the Executive Director of the 
                        Commission who shall be an ex-officio nonvoting 
                        member.
                    ``(B) Appointed members.--
                            ``(i) Initial appointment.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of the 
                                Federal Public Defense Commission Act 
                                of 2024, the Chief Justice of the 
                                United States shall appoint the 7 non-
                                partisan appointed members from among a 
                                list of 12 nominees submitted by the 
                                existing Defender Services Advisory 
                                Group within the Administrative Office 
                                of the United States Courts. The Chief 
                                Justice may designate the Defender 
                                Services Advisory Group to appoint the 
                                initial appointed members of the 
                                Executive Board. If the Chief Justice 
                                fails to make the appointments within 1 
                                year, the Defender Services Advisory 
                                Group shall appoint the 7 appointed 
                                members.
                                    ``(II) List.--The Defender Services 
                                Advisory Group shall provide a list of 
                                12 nominees to the Chief Justice not 
                                later than 180 days after the date of 
                                the enactment of the Federal Public 
                                Defense Commission Act of 2024.
                            ``(ii) Chair and vice chair; initial 
                        appointment.--At the same time as the initial 
                        appointments, the Chief Justice, or the 
                        Defender Services Advisory Group if the Chief 
                        Justice fails to make the appointments, shall 
                        designate 1 appointed member as Chair and 1 as 
                        Vice Chair. The Chair and Vice Chair are 
                        subject to removal by the Chief Justice of the 
                        United States, after consulting with the 
                        Judicial Conference.
                            ``(iii) Vacancies and subsequent 
                        appointments.--As vacancies arise among the 
                        appointed members, the Chief Justice shall 
                        within 90 days of each vacancy make an 
                        appointment from a list of 5 nominees submitted 
                        by the Advisory Board. If the Chief Justice 
                        does not make an appointment within 90 days of 
                        vacancy, the Executive Board shall fill the 
                        vacancy by making an appointment, by a majority 
                        vote, from the list of 5 nominees submitted by 
                        the Advisory Board to the Chief Justice.
                            ``(iv) Term of office.--The 7 appointed 
                        members shall be appointed for 6-year terms, 
                        except that the initial terms of the first 
                        appointed members shall be staggered so that 
                        the Chair and Vice Chair serve terms of 6 
                        years, 3 appointed members serve terms of 4 
                        years, and 2 appointed members serve terms of 2 
                        years.
                            ``(v) Qualifications.--To be eligible for 
                        appointment to the Executive Board, any 
                        appointed member must have devoted a 
                        substantial portion of their law practice or 
                        professional career to the representation of 
                        individuals charged with or convicted of crimes 
                        for at least the 5-year period prior to their 
                        appointment. No member of the Board, at the 
                        time of membership, may be any of the 
                        following:
                                    ``(I) An employee of a Federal 
                                Public Defender Office or Community 
                                Defender Organization.
                                    ``(II) A panel attorney.
                                    ``(III) A judge or employee of any 
                                court.
                                    ``(IV) A prosecutor, an employee of 
                                a prosecutor's office, or anyone who 
                                has held such position during a 5-year 
                                period prior to appointment.
                                    ``(V) A law enforcement officer or 
                                an employee of a law enforcement agency 
                                or anyone who has held such position 
                                during a 5-year period prior to 
                                appointment.
                                    ``(VI) An employee of the 
                                Commission.
                            ``(vi) Restriction on terms.--No appointed 
                        member of the Board may serve more than 2 full 
                        6-year terms.
                    ``(C) Meetings.--The Executive Board and Advisory 
                Board will meet in joint session at least twice a year 
                in person and as often as needed in the interim.
                    ``(D) Membership and terms of other members.--The 
                Defender and Panel Representative Chairs and Vice 
                Chairs of the Advisory Board shall serve as ex-officio 
                voting members of the Executive Board throughout their 
                terms once elected by the Advisory Board. The Executive 
                Director of the Commission shall serve as an ex-
                officio, nonvoting member of the Executive Board while 
                serving as Executive Director.
                    ``(E) Removal of members.--Any member of the 
                Executive Board may, for malfeasance in office, 
                persistent neglect of or inability to discharge duties, 
                or conviction for an offense involving moral turpitude, 
                be removed by a vote of the majority of the Executive 
                Board.
                    ``(F) Quorum.--Seven members of the Executive Board 
                shall constitute a quorum for the purpose of 
                transacting business.
            ``(5) Advisory board; composition and appointment.--
                    ``(A) Composition.--The Advisory Board shall 
                consist of a Federal Public Defender and a Panel 
                Representative from each Federal judicial circuit. Once 
                convened, the Advisory Board shall elect a Defender 
                Chair, Defender Vice Chair, a Panel Representative 
                Chair, and Panel Representative Vice Chair. The Chairs 
                and Vice Chairs shall serve as voting ex-officio 
                members of the Executive Board.
                    ``(B) Initial appointment.--At a time of their own 
                election, but no later than 1 year after the date of 
                enactment of the Federal Public Defense Commission Act 
                of 2024, the then-current members of the Defender 
                Services Advisory Group shall become the initial 
                Advisory Board. Not later than 1 year after the date of 
                enactment of this Act, defender representatives and 
                panel representatives for the First Circuit, Second 
                Circuit, and District of Columbia Circuit shall be 
                elected pursuant to subparagraph (C).
                    ``(C) Vacancies.--If a vacancy arises that was 
                previously occupied by a Federal Public Defender, that 
                position shall be filled by a majority vote of the 
                Federal Public Defenders from that circuit. If a 
                vacancy arises that was previously occupied by a Panel 
                Representative, that position shall be filled by a 
                majority vote of the panel attorneys from that circuit.
                    ``(D) Term of office.--Members of the Advisory 
                Board shall serve 3-year terms. Members may serve no 
                more than 2 consecutive terms. Previous terms served on 
                the Defender Services Advisory Group shall not be 
                treated as terms on the Advisory Board for this 
                purpose. There shall be no limit on the number of non-
                consecutive terms.
                    ``(E) Removal.--If a Federal Public Defender or 
                Panel Representative is no longer employed a Federal 
                Public Defender or no longer serves as a panel attorney 
                in their Federal judicial circuit, they shall be 
                removed from the Advisory Board. Any member of the 
                Advisory Board may, for malfeasance in office, 
                persistent neglect of or inability to discharge duties, 
                or conviction of an offense involving moral turpitude, 
                be removed by a vote of the majority of the Advisory 
                Board.
            ``(6) Circuit boards; composition; appointment; 
        qualifications.--
                    ``(A) Composition.--Each Federal judicial circuit 
                shall have a Circuit Board. Membership of each Circuit 
                Board shall consist of 1 representative from each 
                district in the judicial circuit or, where a Federal 
                Public Defender is appointed for 2 or more districts, 1 
                representative from those districts. The Advisory Board 
                Federal Public Defender and Panel Representative for a 
                corresponding circuit shall be ex-officio voting 
                members of their Circuit Board. Once convened, each 
                Circuit Board shall elect a Chair and a Vice Chair. The 
                Circuit Board for the United States Court of Appeals 
                for the District of Columbia Circuit shall have 5 
                members.
                    ``(B) Initial appointment.--Not later than 1 year 
                after enactment of the Federal Public 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.''.
                                 <all>
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