I 

116TH CONGRESS 

1ST SESSION H. R. 3741 

To establish the National Center for the Right to Counsel. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2019 

Mr. DEUTCH introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the National Center for the Right to Counsel. 

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 ‘‘National Center for 

5 the Right to Counsel Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Sixth Amendment to the Constitution 

9 of the United States provides that ‘‘In all criminal 

10 prosecutions, the accused shall enjoy the right to 


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1 . . . have the Assistance of Counsel for his de2 fense.’’. 

3 (2) In Gideon v. Wainwright, 372 U.S. 335 

4 (1963), the United States Supreme Court held that 

5 the States were required to provide counsel for indi6 gent defendants in all felony cases. 

7 (3) In Argersinger v. Hamlin, 407 U.S. 25 

8 (1972), the United States Supreme Court held that 

9 indigent defendants are entitled to court-appointed 

10 counsel in any case that leads to actual imprison11 ment. 

12 (4) For more than 50 years, the States and 

13 local governments have been struggling to satisfy 

14 this mandate. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) The term ‘‘Board’’ means the Board of Di18 rectors of the National Center for the Right to 

19 Counsel. 

20 (2) The term ‘‘Center’’ means the National 

21 Center for the Right to Counsel established in this 

22 Act. 

23 (3) The term ‘‘indigent defendant’’ means a de24 fendant in a criminal case who is unable to afford 


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1 a reasonable attorney’s fee in the case against such 

2 person. 

3 (4) The term ‘‘public defense services’’ means 

4 legal assistance provided to an indigent defendant in 

5 a criminal case against such person. 

6 (5) The term ‘‘public defense system’’ means a 

7 system that provides public defense services, and in8 cludes a system that is run by a State or local unit 

9 of government, and a system that is run by a private 

10 entity or individual that provides such services by 

11 reason of a contract with a State or local unit of 

12 government. 

13 (6) The term ‘‘State’’ means any State of the 

14 United States, the District of Columbia, the Com15 monwealth of Puerto Rico, the United States Virgin 

16 Islands, Guam, American Samoa, and the Common17 wealth of the Northern Mariana Islands. 

18 SEC. 4. ESTABLISHMENT OF CENTER. 

19 (a) IN GENERAL.—There is established in the Dis20 trict of Columbia a private nonmembership nonprofit cor21 poration, which shall be known as the National Center for 

22 the Right to Counsel, for the purpose of— 

23 (1) providing financial support to supplement, 

24 not supplant, funding for public defense systems; 

25 and 


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1 (2) providing financial and substantive support 

2 for training programs that aim to improve the deliv3 ery of legal services to indigent defendants. 

4 (b) PRINCIPAL OFFICE; AGENT FOR SERVICE OF

5 PROCESS.—The Center shall maintain its principal office 

6 in the District of Columbia and shall maintain therein a 

7 designated agent to accept service of process for the Cen8 ter. Notice to or service upon the agent shall be deemed 

9 notice to or service upon the Center. 

10 (c) STATUS OF CENTER UNDER TAX LAWS.—The 

11 Center shall be eligible to be treated as an organization 

12 described in section 170(c)(2)(B) of the Internal Revenue 

13 Code of 1986 and as an organization described in section 

14 501(c)(3) of the Internal Revenue Code of 1986 which is 

15 exempt from taxation under section 501(a) of such Code. 

16 If such treatments are conferred in accordance with the 

17 provisions of such Code, the Center shall be subject to all 

18 provisions of such Code relevant to the conduct of organi19 zations exempt from taxation. 

20 SEC. 5. GOVERNING BODY. 

21 (a) BOARD OF DIRECTORS ESTABLISHED.—The Cen22 ter shall have a Board of Directors consisting of 9 voting 

23 members appointed by the President, by and with the ad24 vice and consent of the Senate. The President shall make 


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1 such nominations not later than 60 days after the date 

2 of the enactment of this Act. 

3 (b) QUALIFICATIONS OF MEMBERS.—The members 

4 shall be qualified as follows: 

5 (1) A majority of the members shall be mem6 bers of the bar of the highest court of any State. 

7 (2) One member shall have been an indigent de8 fendant who received public defense services from a 

9 public defense system. 

10 (3) The members, except for the member de11 scribed in paragraph (2), shall have— 

12 (A) significant experience in the legal de13 fense of criminal cases; 

14 (B) demonstrated a commitment to quality 

15 indigent defense representation; or 

16 (C) demonstrated a commitment to work17 ing with and advocating for the population 

18 served by the Center. 

19 (c) TERMS.— 

20 (1) IN GENERAL.—The term of a member shall 

21 be 5 years, except as provided in paragraphs (2) and 

22 (4). 

23 (2) FIRST TERMS.—As designated by the Presi24 dent at the time of appointment, of the members 

25 first appointed— 


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1 (A) three shall be appointed for terms of 

2 2 years; 

3 (B) three shall be appointed for terms of 

4 3 years; and 

5 (C) three shall be appointed for terms of 4 

6 years. 

7 (3) REAPPOINTMENT.—No member may be re8 appointed to more than two consecutive terms imme9 diately following such member’s initial term. 

10 (4) VACANCIES.—Any member appointed to fill 

11 a vacancy occurring before the expiration of the 

12 term for which the member’s predecessor was ap13 pointed shall be appointed only for the remainder of 

14 that term. A member may serve after the expiration 

15 of that member’s term until a successor has taken 

16 office. A vacancy in the Board shall be filled in the 

17 manner in which the original appointment was 

18 made. 

19 (5) REMOVAL FOR CAUSE.—A member of the 

20 Board may be removed by the President for malfea21 sance in office, for persistent neglect of or inability 

22 to discharge duties, or for offenses involving moral 

23 turpitude, and for no other cause. 

24 (d) MEMBERS NOT OFFICERS OR EMPLOYEES OF A

25 GOVERNMENT.—The members of the Board shall not, by 


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1 reason of such membership, be deemed officers or employ2 ees of the Federal Government, a State government, local 

3 government, or any law enforcement agency. 

4 (e) CHAIRMAN.—The President shall select a chair5 man from among the initial members to serve for a period 

6 of two years. Thereafter, the chairman shall be elected an7 nually by the members. 

8 (f) CONFLICT OF INTEREST.— 

9 (1) IN GENERAL.—No member of the Board, 

10 member of a State advisory council, or employee of 

11 a regional backup service center may participate in 

12 any decision, action, or recommendation with respect 

13 to any matter which directly benefits such member 

14 or employee or pertains specifically to any firm or 

15 organization with which such member or employee is 

16 then associated or has been associated within a pe17 riod of two years. 

18 (2) DISCLOSURE AND RECUSAL.—In the event 

19 of a conflict of interest described in paragraph (1), 

20 the member of the Board, member of a State advi21 sory council, or employee of a regional backup serv22 ice center who has a conflict shall disclose the inter23 est that the member or employee has in the matter, 

24 subject to applicable attorney-client privilege, to the 

25 Board, and— 


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1 (A) in the case of a member of a State ad2 visory council, to that council; or 

3 (B) in the case of an employee of a re4 gional backup service center, to that center. 

5 (3) WRITTEN POLICY.—The Center shall adopt 

6 a written policy to ensure that paragraphs (1) and 

7 (2) are carried out. 

8 (g) STATE ADVISORY COUNCILS.— 

9 (1) IN GENERAL; APPOINTMENT OF MEM10 BERS.—Each State shall have a State advisory coun11 cil composed of 9 members, appointed not later than 

12 90 days after the first meeting of the Board as fol13 lows: 

14 (A) Three members appointed by the Chief 

15 Justice of the highest court of the State. 

16 (B) Three members appointed by the 

17 United States Senators for the State, or in the 

18 case of a State that does not have Senators, ap19 pointed by the Member of the United States 

20 House of Representatives for that State. 

21 (C) Three members appointed by the chief 

22 executive of the State. 

23 (2) FAILURE TO APPOINT.—If 90 days have 

24 elapsed without such an advisory council appointed 

25 pursuant to paragraph (1), the Board is authorized 


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1 to appoint such a council, or such remaining 

2 unappointed members of the council, from among 

3 the individuals recommended by the State bar asso4 ciation. 

5 (3) QUALIFICATIONS OF MEMBERS.—The mem6 bers of the advisory council shall be subject to the 

7 qualifications under subsection (b), and shall be 

8 made from among recommendations made by the 

9 State bar association, in collaboration with the Ac10 cess to Justice Initiative of the Department of Jus11 tice. 

12 (4) TERMS; VACANCIES.—The term of a mem13 ber of a State advisory council shall be 4 years. A 

14 member may serve after the expiration of that mem15 ber’s term until a successor member takes office. A 

16 vacancy on the council shall be filled in the manner 

17 described in paragraph (2). 

18 (5) POWERS.—Each State advisory council 

19 shall— 

20 (A) monitor, receive, and investigate com21 plaints regarding the compliance of public de22 fense systems in that State that receive funding 

23 under this Act with the provisions of this Act 

24 and applicable rules, regulations, and guidelines 

25 promulgated pursuant to this Act; 


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1 (B) notify the Center of any apparent vio2 lation of the provisions of this Act and applica3 ble rules, regulations, and guidelines promul4 gated pursuant to this Act, and furnish a copy 

5 of the notification to any recipient affected 

6 thereby, and the Center shall allow such recipi7 ent a reasonable time (but in no case less than 

8 30 days) to reply to any allegation contained in 

9 the notification; 

10 (C) collect information and data on the de11 livery of public defense services in that State; 

12 and 

13 (D) facilitate the sharing of information 

14 between public defense systems in that State. 

15 (6) STAFF.—Each State advisory council may 

16 appoint additional personnel as it considers appro17 priate in order to carry out paragraph (5)(A). 

18 (7) REPORT.—Beginning on the date that is 

19 one year after a State advisory council has its first 

20 meeting, and annually thereafter, a State advisory 

21 council shall submit to the Center a report that in22 cludes— 

23 (A) an assessment on the provision of pub24 lic defense services in that State; and 


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1 (B) recommendations on actions that the 

2 Center could take to— 

3 (i) enhance compliance of public de4 fense systems in that State that receive 

5 funding under this Act with the provisions 

6 of this Act and applicable rules, regula7 tions, and guidelines promulgated pursuant 

8 to this Act; and 

9 (ii) improve the delivery of public de10 fense services in that State. 

11 (h) OPEN MEETINGS; APPLICABILITY OF GOVERN12 MENT IN THE SUNSHINE PROVISIONS.—All meetings of 

13 the Board, of any executive committee of the Board, and 

14 of any advisory council established in connection with this 

15 Act shall be open and shall be subject to the requirements 

16 and provisions of section 552b of title 5, United States 

17 Code (relating to open meetings). 

18 (i) QUARTERLY MEETINGS.—The Board shall meet 

19 at least 4 times during each calendar year. 

20 SEC. 6. OFFICERS AND EMPLOYEES. 

21 (a) EXECUTIVE DIRECTOR AND OTHER OFFICERS.— 

22 The Board shall appoint the Executive Director of the 

23 Center, who shall be a member of the bar of the highest 

24 court of a State and shall be a nonvoting ex officio mem25 ber of the Board, and such other officers as the Board 


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1 determines necessary. No officer of the Center may receive 

2 any salary or other compensation for services from any 

3 source other than the Center during his period of employ4 ment by the Center, except as authorized by the Board. 

5 All officers shall serve at the pleasure of the Board. 

6 (b) APPOINTMENT AND REMOVAL OF EMPLOYEES.— 

7 The Executive Director of the Center, subject to general 

8 policies established by the Board, may appoint and remove 

9 such employees of the Center as the Executive Director 

10 determines necessary to carry out the purposes of the Cen11 ter. 

12 (c) NONPARTISAN APPOINTMENTS.—No political test 

13 or political qualification shall be used in selecting, appoint14 ing, promoting, or taking any other personnel action with 

15 respect to any officer, agent, or employee of the Center 

16 or of any recipient, or in selecting or monitoring any 

17 grantee, contractor, or person or entity receiving financial 

18 assistance under this title. 

19 (d) COMPENSATION.—Officers and employees of the 

20 Center shall be compensated at rates determined by the 

21 Board, but not in excess of the rate of level V of the Exec22 utive Schedule specified in section 5316 of title 5, United 

23 States Code. 

24 (e) OFFICERS AND EMPLOYEES NOT DEEMED OFFI25 CERS AND EMPLOYEES OF FEDERAL GOVERNMENT.— 


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1 (1) IN GENERAL.—Except as otherwise specifi2 cally provided in this Act, officers and employees of 

3 the Center shall not be considered officers or em4 ployees, and the Center shall not be considered a de5 partment, agency, or instrumentality, of the Federal 

6 Government. 

7 (2) EXCEPTIONS.—Officers and employees of 

8 the Center shall be considered officers and employ9 ees of the Federal Government for purposes of the 

10 following provisions of title 5, United States Code: 

11 subchapter I of chapter 81 (relating to compensation 

12 for work injuries); chapter 83 (relating to civil serv13 ice retirement); chapter 87 (relating to life insur14 ance); and chapter 89 (relating to health insurance). 

15 The Center shall make contributions at the same 

16 rates applicable to agencies of the Federal Govern17 ment under the provisions referred to in this sub18 section. 

19 (3) FREEDOM OF INFORMATION.—The Center 

20 and its officers and employees shall be subject to the 

21 provisions of section 552 of title 5, United States 

22 Code (relating to freedom of information). 

23 (4) OFFICE OF MANAGEMENT AND BUDGET.— 

24 Nothing in this Act shall be construed as limiting 

25 the authority of the Office of Management and 


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1 Budget to review and submit comments upon the 

2 Center’s annual budget request at the time it is 

3 transmitted to the Congress. 

4 SEC. 7. POWERS, DUTIES, AND LIMITATIONS. 

5 (a) POWERS OF NONPROFIT CORPORATION.—To the 

6 extent consistent with the provisions of this Act, the Cen7 ter shall exercise the powers conferred upon a nonprofit 

8 corporation by the District of Columbia Nonprofit Cor9 poration Act (except for section 1005(o) of title 29 of the 

10 District of Columbia Code). 

11 (b) GRANT AND CONTRACT POWER.—The Center is 

12 authorized— 

13 (1) for the purpose of providing public defense 

14 services to indigent defendants, to provide financial 

15 assistance to and to make grants and contracts with 

16 individuals, partnerships, firms, corporations, non17 profit organizations, public defense systems, State 

18 governments, and local governments; and 

19 (2) to make such other grants and contracts as 

20 are necessary to carry out the purposes and provi21 sions of this Act. 

22 (c) POWER TO ACCEPT MONEY AND PROPERTY.— 

23 The Center is authorized to accept, in the name of the 

24 Center, and employ or dispose of in furtherance of the 

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1 sonal, or mixed, tangible or intangible, received by gift, 

2 devise, bequest, or otherwise. 

3 (d) OTHER POWERS RELATING TO THE PROVISION

4 OF PUBLIC DEFENSE SERVICES.—The Center is author5 ized to undertake directly, or by grant or contract, the 

6 following activities relating to the delivery of public de7 fense services— 

8 (1) research; 

9 (2) training and technical assistance; and 

10 (3) to serve as a clearinghouse for information. 

11 (e) DISCIPLINARY POWERS.— 

12 (1) CENTER.—The Center shall have authority 

13 to ensure the compliance of recipients and their em14 ployees with the provisions of this Act and the rules, 

15 regulations, and guidelines promulgated pursuant to 

16 this Act, and to terminate, after a hearing in accord17 ance with section 11, financial support to a recipient 

18 which fails to comply. 

19 (2) RECIPIENT.—If a recipient finds that any 

20 of its employees has violated or caused the recipient 

21 to violate the provisions of this Act, or the rules, 

22 regulations, and guidelines promulgated pursuant to 

23 this Act, the recipient shall take appropriate reme24 dial or disciplinary action in accordance with the 


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1 types of procedures prescribed in the provisions of 

2 section 11. 

3 (f) INTERFERENCE WITH PROFESSIONAL RESPON4 SIBILITIES OF ATTORNEYS PROHIBITED.—The Center 

5 shall not, under any provision of this Act, interfere with 

6 any attorney in carrying out such attorney’s professional 

7 responsibilities to such attorney’s client as established in 

8 the American Bar Association Model Rules of Professional 

9 Conduct or abrogate as to attorneys in programs assisted 

10 under this Act the authority of a State of other jurisdic11 tion to enforce the standards of professional responsibility 

12 generally applicable to attorneys in such jurisdiction. The 

13 Center shall ensure that activities under this Act are car14 ried out in a manner consistent with attorneys’ profes15 sional responsibilities. 

16 (g) BAR MEMBER REQUIRED.—No attorney shall re17 ceive any compensation, either directly or indirectly, for 

18 the provision of public defense services under this Act un19 less such attorney is admitted or otherwise authorized by 

20 law, rule, or regulation to practice law or provide such as21 sistance in the jurisdiction where such services are initi22 ated. 

23 (h) LANGUAGES OTHER THAN ENGLISH.—In areas 

24 where significant numbers of indigent defendants speak 

25 a language other than English as their principal language, 


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1 the Center shall, to the extent feasible, provide that their 

2 principal language is used in the provision of public de3 fense services to such defendants under this Act. 

4 (i) MISCELLANEOUS PROHIBITIONS.— 

5 (1) The Center shall have no power to issue any 

6 shares of stock, or to declare or pay any dividends. 

7 (2) No part of the income or assets of the Cen8 ter shall inure to the benefit of any director, officer, 

9 or employee, except as reasonable compensation for 

10 services or reimbursement for expenses. 

11 (j) POLITICAL ACTIVITIES OF CENTER EMPLOYEES

12 AND STAFF ATTORNEYS.— 

13 (1) Employees of the Center or of recipients 

14 shall not at any time intentionally identify the Cen15 ter or the recipient with any partisan or nonpartisan 

16 political activity associated with a political party or 

17 association, or the campaign of any candidate for 

18 public or party office. 

19 (2) Employees of the Center and staff attorneys 

20 shall be deemed to be State or local employees for 

21 purposes of chapter 15 of title 5, except that no 

22 staff attorney may be a candidate in a partisan po23 litical election. 


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1 SEC. 8. GRANTS AND CONTRACTS. 

2 (a) CENTER EXECUTIVE DIRECTOR AUTHORIZED TO

3 MAKE GRANTS AND ENTER INTO CONTRACTS.—The Ex4 ecutive Director of the Center is authorized to make 

5 grants and enter into contracts under this Act. 

6 (b) GRANTS DESCRIBED.— 

7 (1) IN GENERAL.—The Center shall make 

8 grants to State or local governments and public de9 fense systems that supplement, not supplant, other 

10 available resources for the purpose of improving or 

11 establishing public defense systems. 

12 (2) TERM.—The term of a grant under this 

13 section shall be 2 or 3 years, as determined by the 

14 Center. 

15 (3) RENEWAL.—A grant recipient under this 

16 Act may renew such grant by submitting an applica17 tion to the Executive Director of the Center at such 

18 time, in such manner, and containing such informa19 tion as the Executive Director may reasonably re20 quire, including an assessment of such recipient’s 

21 compliance with or progress toward achieving the 

22 quality standards that the Center develops under 

23 subsection (e). 

24 (c) PROGRAM EVALUATION.—The Center shall mon25 itor and evaluate and provide for independent evaluations 

26 of programs supported in whole or in part under this Act 


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1 to ensure that the provisions of this Act and the bylaws 

2 of the Center and applicable rules, regulations, and guide3 lines promulgated pursuant to this Act are carried out. 

4 (d) PUBLIC NOTIFICATION.—Not later than 30 days 

5 prior to the approval of any grant application or prior to 

6 entering into a contract or prior to the initiation of any 

7 other project, the Center shall announce publicly, and 

8 shall notify the Governor, the State bar association of any 

9 State, and the principal local bar associations (if there be 

10 any) of any community, where public defense services will 

11 thereby be initiated, of such grant, contract, or project. 

12 Notification shall include a reasonable description of the 

13 grant application or proposed contract or project and re14 quest comments and recommendations. 

15 (e) QUALITY STANDARDS.—The Center shall develop 

16 and make publicly available standards for the quality of 

17 public defense services, which the Center shall use to as18 sess the success of a recipient in improving a public de19 fense system. 

20 (f) ONLINE DATABASE.—The Center shall establish 

21 and maintain a database that shall be publicly available 

22 online, and shall include the contact information for all 

23 public defense systems in every State. 

24 (g) REGIONAL BACKUP SERVICE.— 


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1 (1) IN GENERAL.—The Center shall establish 

2 regional backup service centers to assist public de3 fense systems. 

4 (2) SERVICES.—The services provided at such 

5 centers shall include— 

6 (A) providing attorneys engaged in public 

7 defense services with access to qualified inves8 tigators and sentencing mitigation specialists; 

9 (B) providing information to public defense 

10 systems about grants that are available to 

11 them, and providing assistance and guidance to 

12 public defense systems that apply for such 

13 grants; and 

14 (C) other services that the Center deter15 mines are appropriate. 

16 (3) LOCATIONS.—The Center shall determine 

17 the locations of the regional backup service centers, 

18 and the geographic region that each center is re19 sponsible for serving. 

20 (h) REQUISITES.—With respect to grants or con21 tracts in connection with the provision of public defense 

22 services under this Act, the following shall apply: 

23 (1) PROFESSIONAL STANDARDS.—The Center 

24 shall ensure the maintenance of the highest quality 

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1 tion of attorney-client relationships, and the protec2 tion of the integrity of the adversary process from 

3 any impairment in furnishing public defense serv4 ices. 

5 (2) ECONOMICAL AND EFFECTIVE DELIVERY OF

6 PUBLIC DEFENSE SERVICES.—The Center shall en7 sure that grants and contracts are made so as to 

8 provide the most economical and effective delivery of 

9 public defense services to persons in both urban and 

10 rural areas. 

11 (3) OUTSIDE PRACTICE OF LAW PROHIBITED.— 

12 The Center shall ensure that attorneys employed full 

13 time in public defense services activities supported in 

14 major part by the Center refrain from— 

15 (A) any compensated outside practice of 

16 law; and 

17 (B) any uncompensated outside practice of 

18 law except as authorized in guidelines promul19 gate by the Center. 

20 (4) CONTINUATION OF FUNDING.—The Center 

21 may provide interim funding necessary to maintain 

22 current level of activities for any grantee, contractor, 

23 or person or entity receiving financial assistance 

24 under this Act that files with the Center a timely 

25 application for refunding until— 


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1 (A) the application for refunding has been 

2 approved and funds pursuant thereto received; 

3 or 

4 (B) the application for refunding has been 

5 denied in accordance with section 11. 

6 SEC. 9. RECORDS AND REPORTS. 

7 (a) AUTHORITY TO REQUIRE REPORTS.—The Center 

8 is authorized to require such reports as it deems necessary 

9 from any grantee, contractor, person, or entity receiving 

10 financial assistance under this Act regarding activities 

11 carried out pursuant to this Act. 

12 (b) AUTHORITY TO REQUIRE RECORDKEEPING; AC13 CESS TO RECORDS.—The Center is authorized to prescribe 

14 the keeping of records with respect to funds provided by 

15 grant or contract and shall have access to such records 

16 at all reasonable times for the purpose of insuring compli17 ance with the grant or contract or the terms and condi18 tions upon which financial assistance was provided. 

19 (c) ANNUAL REPORT TO PRESIDENT AND CON20 GRESS.—The Center shall publish an annual report which 

21 shall be filed by the Center with the President and the 

22 Congress. Such report shall include— 

23 (1) a description of the state of the provision of 

24 public defense services throughout the United States 


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1 and any recommendations for improving the state of 

2 such services; 

3 (2) a description of the services that the Center 

4 provides and any recommendations for improving 

5 the quality of such services; and 

6 (3) a copy of each report from a State advisory 

7 council that the Center has received for that year 

8 under section 5(g)(6). 

9 (d) COPIES AND RETENTION OF REPORTS.—Copies 

10 of all reports pertinent to the evaluation, inspection, or 

11 monitoring of any grantee, contractor, or person or entity 

12 receiving financial assistance under this Act shall be sub13 mitted on a timely basis to such grantee, contractor, or 

14 person or entity, and shall be maintained in the principal 

15 office of the Center for a period of at least 5 years subse16 quent to such evaluation, inspection, or monitoring. Such 

17 reports shall be available for public inspection during reg18 ular business hours, and copies shall be furnished, upon 

19 request, to interested parties upon payment of such rea20 sonable fees as the Center may establish. 

21 (e) PUBLICATION IN FEDERAL REGISTER OF RULES, 

22 REGULATIONS, GUIDELINES, AND INSTRUCTIONS.—The 

23 Center shall afford notice and reasonable opportunity for 

24 comment to interested parties prior to issuing rules, regu25 lations, and guidelines, and it shall publish in the Federal 


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1 Register at least 30 days prior to their effective date all 

2 its rules, regulations, guidelines, and instructions. 

3 SEC. 10. AUDITS. 

4 (a) ANNUAL AUDIT.— 

5 (1) IN GENERAL.—The accounts of the Center 

6 shall be audited annually. Such audits shall be con7 ducted in accordance with generally accepted audit8 ing standards by independent certified public ac9 countants who are certified by a regulatory authority 

10 of the jurisdiction in which the audit is undertaken. 

11 (2) AVAILABILITY OF RECORDS.—The audits 

12 shall be conducted at the place or places where the 

13 accounts of the Center are normally kept. All books, 

14 accounts, financial records, reports, files, and other 

15 papers or property belonging to or in use by the 

16 Center and necessary to facilitate the audits shall be 

17 made available to the person or persons conducting 

18 the audits, and full facilities for verifying trans19 actions with the balances and securities held by de20 positories, fiscal agents, and custodians shall be af21 forded to any such person. 

22 (3) AUDIT REPORT.—The report of the annual 

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1 tion during business hours at the principal office of 

2 the Center. 

3 (b) AUDIT BY GOVERNMENT ACCOUNTABILITY OF4 FICE.— 

5 (1) IN GENERAL.—In addition to the annual 

6 audit, the financial transactions of the Center for 

7 any fiscal year during which Federal funds are avail8 able to finance any portion of its operations may be 

9 audited by the Government Accountability Office in 

10 accordance with such rules and regulations as may 

11 be prescribed by the Comptroller General of the 

12 United States. 

13 (2) AVAILABILITY OF RECORDS.—Any such 

14 audit shall be conducted at the place or places where 

15 accounts of the Center are normally kept. The rep16 resentatives of the Government Accountability Office 

17 shall have access to all books, accounts, financial 

18 records, reports, files, and other papers or property 

19 belonging to or in use by the Center and necessary 

20 to facilitate the audit, and full facilities for verifying 

21 transactions with the balances and securities held by 

22 depositories, fiscal agents, and custodians shall be 

23 afforded to such representatives. All such books, ac24 counts, financial records, reports, files, and other pa25 pers or property of the Center shall remain in the 


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1 possession and custody of the Center throughout the 

2 period beginning on the date such possession or cus3 tody commences and ending three years after such 

4 date, but the General Accountability Office may re5 quire the retention of such books, accounts, financial 

6 records, reports, files, papers, or property for a 

7 longer period under section 3523(c) of title 31, 

8 United States Code. 

9 (3) AUDIT REPORT.—A report of such audit 

10 shall be made by the Comptroller General to the 

11 Congress and to the President, together with such 

12 recommendations with respect thereto as the Comp13 troller General shall deem advisable. 

14 (c) ATTORNEY-CLIENT PRIVILEGE.—Notwithstand15 ing the provisions of this section or of section 9, neither 

16 the Center nor the Comptroller General shall have access 

17 to any reports or records subject to the attorney-client 

18 privilege. 

19 SEC. 11. SPECIAL LIMITATIONS. 

20 The Center shall prescribe procedures that ensure 

21 that financial assistance under this Act shall not be termi22 nated (except that funding may be temporarily suspended 

23 during an interim period during the processing and con24 sideration of an application for refunding), and an applica25 tion for refunding shall not be denied, unless the grantee, 


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1 contractor, or person or entity receiving financial assist2 ance under this Act has been afforded reasonable notice 

3 and opportunity for a timely, full, and fair hearing, and 

4 when requested, such hearing shall be conducted by an 

5 independent hearing examiner. Such hearing shall be held 

6 prior to any final decision by the Center to terminate fi7 nancial assistance or suspend or deny funding. Hearing 

8 examiners shall be appointed by the Center in accordance 

9 with procedures established in regulations promulgated by 

10 the Center. 

11 SEC. 12. COORDINATION. 

12 The President may direct that appropriate support 

13 functions of the Federal Government may be made avail14 able to the Center in carrying out its activities under this 

15 Act, to the extent not inconsistent with other applicable 

16 law. 

17 SEC. 13. GAO STUDY. 

18 On the date that is 4 years after the date of the en19 actment of this Act, the Comptroller General shall submit 

20 to Congress a study on— 

21 (1) the affect that the Center has had on— 

22 (A) the provision of public defense services; 

23 and 

24 (B) the cost of the criminal justice system; 

25 and 


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1 (2) the provision and the cost of providing pub2 lic defense services for jurisdictions that do not re3 ceive assistance from the Center. 

4 SEC. 14. FUNDS. 

5 Section 506 of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (42 U.S.C. 3756) is amend7 ed by inserting at the end the following: 

8 ‘‘(c) Of the total amount made available to carry out 

9 this subpart for a fiscal year, the Attorney General shall 

10 reserve not less than 10 percent to carry out the National 

11 Center for the Right to Counsel Act.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS