Budget to review and submit comments upon the 
Center’s annual budget request at the time it is 
transmitted to the Congress. 
SEC. 7. POWERS, DUTIES, AND LIMITATIONS. 
(a) POWERS OF NONPROFIT CORPORATION.—To the 
extent consistent with the provisions of this Act, the Cen-
ter shall exercise the powers conferred upon a nonprofit 
corporation by the District of Columbia Nonprofit Cor-
poration Act (except for section 1005(o) of title 29 of the 
District of Columbia Code). 
(b) GRANT AND CONTRACT POWER.—The Center is 
authorized— 
(1) for the purpose of providing public defense 
services to indigent defendants, to provide financial 
assistance to and to make grants and contracts with 
individuals, partnerships, firms, corporations, non-
profit organizations, public defense systems, State 
governments, and local governments; and 
(2) to make such other grants and contracts as 
are necessary to carry out the purposes and provi-
sions of this Act. 
(c) POWER TO ACCEPT MONEY AND PROPERTY.— 
The Center is authorized to accept, in the name of the 
Center, and employ or dispose of in furtherance of the 
purposes of this Act, any money or property, real, per-
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sonal, or mixed, tangible or intangible, received by gift, 
devise, bequest, or otherwise. 
(d) OTHER POWERS RELATING TO THE PROVISION 
OF PUBLIC DEFENSE SERVICES.—The Center is author-
ized to undertake directly, or by grant or contract, the 
following activities relating to the delivery of public de-
fense services— 
(1) research; 
(2) training and technical assistance; and 
(3) to serve as a clearinghouse for information. 
(e) DISCIPLINARY POWERS.— 
(1) CENTER.—The Center shall have authority 
to ensure the compliance of recipients and their em-
ployees with the provisions of this Act and the rules, 
regulations, and guidelines promulgated pursuant to 
this Act, and to terminate, after a hearing in accord-
ance with section 11, financial support to a recipient 
which fails to comply. 
(2) RECIPIENT.—If a recipient finds that any 
of its employees has violated or caused the recipient 
to violate the provisions of this Act, or the rules, 
regulations, and guidelines promulgated pursuant to 
this Act, the recipient shall take appropriate reme-
dial or disciplinary action in accordance with the 
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types of procedures prescribed in the provisions of 
section 11. 
(f) INTERFERENCE WITH PROFESSIONAL RESPON-
SIBILITIES
OF ATTORNEYS PROHIBITED.—The Center 
shall not, under any provision of this Act, interfere with 
any attorney in carrying out such attorney’s professional 
responsibilities to such attorney’s client as established in 
the American Bar Association Model Rules of Professional 
Conduct or abrogate as to attorneys in programs assisted 
under this Act the authority of a State of other jurisdic-
tion to enforce the standards of professional responsibility 
generally applicable to attorneys in such jurisdiction. The 
Center shall ensure that activities under this Act are car-
ried out in a manner consistent with attorneys’ profes-
sional responsibilities. 
(g) BAR MEMBER REQUIRED.—No attorney shall re-
ceive any compensation, either directly or indirectly, for 
the provision of public defense services under this Act un-
less such attorney is admitted or otherwise authorized by 
law, rule, or regulation to practice law or provide such as-
sistance in the jurisdiction where such services are initi-
ated. 
(h) LANGUAGES OTHER THAN ENGLISH.—In areas 
where significant numbers of indigent defendants speak 
a language other than English as their principal language, 
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the Center shall, to the extent feasible, provide that their 
principal language is used in the provision of public de-
fense services to such defendants under this Act. 
(i) MISCELLANEOUS PROHIBITIONS.— 
(1) The Center shall have no power to issue any 
shares of stock, or to declare or pay any dividends. 
(2) No part of the income or assets of the Cen-
ter shall inure to the benefit of any director, officer, 
or employee, except as reasonable compensation for 
services or reimbursement for expenses. 
(j) POLITICAL ACTIVITIES OF CENTER EMPLOYEES 
AND STAFF ATTORNEYS.— 
(1) Employees of the Center or of recipients 
shall not at any time intentionally identify the Cen-
ter or the recipient with any partisan or nonpartisan 
political activity associated with a political party or 
association, or the campaign of any candidate for 
public or party office. 
(2) Employees of the Center and staff attorneys 
shall be deemed to be State or local employees for 
purposes of chapter 15 of title 5, except that no 
staff attorney may be a candidate in a partisan po-
litical election. 
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SEC. 8. GRANTS AND CONTRACTS. 
(a) CENTER EXECUTIVE DIRECTOR AUTHORIZED TO 
MAKE GRANTS AND ENTER INTO CONTRACTS.—The Ex-
ecutive Director of the Center is authorized to make 
grants and enter into contracts under this Act. 
(b) GRANTS DESCRIBED.— 
(1) IN
GENERAL.—The Center shall make 
grants to State or local governments and public de-
fense systems that supplement, not supplant, other 
available resources for the purpose of improving or 
establishing public defense systems. 
(2) TERM.—The term of a grant under this 
section shall be 2 or 3 years, as determined by the 
Center. 
(3) RENEWAL.—A grant recipient under this 
Act may renew such grant by submitting an applica-
tion to the Executive Director of the Center at such 
time, in such manner, and containing such informa-
tion as the Executive Director may reasonably re-
quire, including an assessment of such recipient’s 
compliance with or progress toward achieving the 
quality standards that the Center develops under 
subsection (e). 
(c) PROGRAM EVALUATION.—The Center shall mon-
itor and evaluate and provide for independent evaluations 
of programs supported in whole or in part under this Act 
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to ensure that the provisions of this Act and the bylaws 
of the Center and applicable rules, regulations, and guide-
lines promulgated pursuant to this Act are carried out. 
(d) PUBLIC NOTIFICATION.—Not later than 30 days 
prior to the approval of any grant application or prior to 
entering into a contract or prior to the initiation of any 
other project, the Center shall announce publicly, and 
shall notify the Governor, the State bar association of any 
State, and the principal local bar associations (if there be 
any) of any community, where public defense services will 
thereby be initiated, of such grant, contract, or project. 
Notification shall include a reasonable description of the 
grant application or proposed contract or project and re-
quest comments and recommendations. 
(e) QUALITY STANDARDS.—The Center shall develop 
and make publicly available standards for the quality of 
public defense services, which the Center shall use to as-
sess the success of a recipient in improving a public de-
fense system. 
(f) ONLINE DATABASE.—The Center shall establish 
and maintain a database that shall be publicly available 
online, and shall include the contact information for all 
public defense systems in every State. 
(g) REGIONAL BACKUP SERVICE.— 
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(1) IN GENERAL.—The Center shall establish 
regional backup service centers to assist public de-
fense systems. 
(2) SERVICES.—The services provided at such 
centers shall include— 
(A) providing attorneys engaged in public 
defense services with access to qualified inves-
tigators and sentencing mitigation specialists; 
(B) providing information to public defense 
systems about grants that are available to 
them, and providing assistance and guidance to 
public defense systems that apply for such 
grants; and 
(C) other services that the Center deter-
mines are appropriate. 
(3) LOCATIONS.—The Center shall determine 
the locations of the regional backup service centers, 
and the geographic region that each center is re-
sponsible for serving. 
(h) REQUISITES.—With respect to grants or con-
tracts in connection with the provision of public defense 
services under this Act, the following shall apply: 
(1) PROFESSIONAL
STANDARDS.—The Center 
shall ensure the maintenance of the highest quality 
of service and professional standards, the preserva-
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tion of attorney-client relationships, and the protec-
tion of the integrity of the adversary process from 
any impairment in furnishing public defense serv-
ices. 
(2) ECONOMICAL AND EFFECTIVE DELIVERY OF 
PUBLIC DEFENSE SERVICES.—The Center shall en-
sure that grants and contracts are made so as to 
provide the most economical and effective delivery of 
public defense services to persons in both urban and 
rural areas. 
(3) OUTSIDE PRACTICE OF LAW PROHIBITED.— 
The Center shall ensure that attorneys employed full 
time in public defense services activities supported in 
major part by the Center refrain from— 
(A) any compensated outside practice of 
law; and 
(B) any uncompensated outside practice of 
law except as authorized in guidelines promul-
gate by the Center. 
(4) CONTINUATION OF FUNDING.—The Center 
may provide interim funding necessary to maintain 
current level of activities for any grantee, contractor, 
or person or entity receiving financial assistance 
under this Act that files with the Center a timely 
application for refunding until— 
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(A) the application for refunding has been 
approved and funds pursuant thereto received; 
or 
(B) the application for refunding has been 
denied in accordance with section 11. 
SEC. 9. RECORDS AND REPORTS. 
(a) AUTHORITY TO REQUIRE REPORTS.—The Center 
is authorized to require such reports as it deems necessary 
from any grantee, contractor, person, or entity receiving 
financial assistance under this Act regarding activities 
carried out pursuant to this Act. 
(b) AUTHORITY TO REQUIRE RECORDKEEPING; AC-
CESS TO RECORDS.—The Center is authorized to prescribe 
the keeping of records with respect to funds provided by 
grant or contract and shall have access to such records 
at all reasonable times for the purpose of insuring compli-
ance with the grant or contract or the terms and condi-
tions upon which financial assistance was provided. 
(c) ANNUAL REPORT
TO PRESIDENT
AND CON-
GRESS.—The Center shall publish an annual report which 
shall be filed by the Center with the President and the 
Congress. Such report shall include— 
(1) a description of the state of the provision of 
public defense services throughout the United States 
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and any recommendations for improving the state of 
such services; 
(2) a description of the services that the Center 
provides and any recommendations for improving 
the quality of such services; and 
(3) a copy of each report from a State advisory 
council that the Center has received for that year 
under section 5(g)(6). 
(d) COPIES AND RETENTION OF REPORTS.—Copies 
of all reports pertinent to the evaluation, inspection, or 
monitoring of any grantee, contractor, or person or entity 
receiving financial assistance under this Act shall be sub-
mitted on a timely basis to such grantee, contractor, or 
person or entity, and shall be maintained in the principal 
office of the Center for a period of at least 5 years subse-
quent to such evaluation, inspection, or monitoring. Such 
reports shall be available for public inspection during reg-
ular business hours, and copies shall be furnished, upon 
request, to interested parties upon payment of such rea-
sonable fees as the Center may establish. 
(e) PUBLICATION IN FEDERAL REGISTER OF RULES, 
REGULATIONS, GUIDELINES, AND INSTRUCTIONS.—The 
Center shall afford notice and reasonable opportunity for 
comment to interested parties prior to issuing rules, regu-
lations, and guidelines, and it shall publish in the Federal 
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Register at least 30 days prior to their effective date all 
its rules, regulations, guidelines, and instructions. 
SEC. 10. AUDITS. 
(a) ANNUAL AUDIT.— 
(1) IN GENERAL.—The accounts of the Center 
shall be audited annually. Such audits shall be con-
ducted in accordance with generally accepted audit-
ing standards by independent certified public ac-
countants who are certified by a regulatory authority 
of the jurisdiction in which the audit is undertaken. 
(2) AVAILABILITY
OF
RECORDS.—The audits 
shall be conducted at the place or places where the 
accounts of the Center are normally kept. All books, 
accounts, financial records, reports, files, and other 
papers or property belonging to or in use by the 
Center and necessary to facilitate the audits shall be 
made available to the person or persons conducting 
the audits, and full facilities for verifying trans-
actions with the balances and securities held by de-
positories, fiscal agents, and custodians shall be af-
forded to any such person. 
(3) AUDIT REPORT.—The report of the annual 
audit shall be filed with the Government Account-
ability Office and shall be available for public inspec-
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tion during business hours at the principal office of 
the Center. 
(b) AUDIT BY GOVERNMENT ACCOUNTABILITY OF-
FICE.— 
(1) IN GENERAL.—In addition to the annual 
audit, the financial transactions of the Center for 
any fiscal year during which Federal funds are avail-
able to finance any portion of its operations may be 
audited by the Government Accountability Office in 
accordance with such rules and regulations as may 
be prescribed by the Comptroller General of the 
United States. 
(2) AVAILABILITY
OF
RECORDS.—Any such 
audit shall be conducted at the place or places where 
accounts of the Center are normally kept. The rep-
resentatives of the Government Accountability Office 
shall have access to all books, accounts, financial 
records, reports, files, and other papers or property 
belonging to or in use by the Center and necessary 
to facilitate the audit, and full facilities for verifying 
transactions with the balances and securities held by 
depositories, fiscal agents, and custodians shall be 
afforded to such representatives. All such books, ac-
counts, financial records, reports, files, and other pa-
pers or property of the Center shall remain in the 
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possession and custody of the Center throughout the 
period beginning on the date such possession or cus-
tody commences and ending three years after such 
date, but the General Accountability Office may re-
quire the retention of such books, accounts, financial 
records, reports, files, papers, or property for a 
longer period under section 3523(c) of title 31, 
United States Code. 
(3) AUDIT REPORT.—A report of such audit 
shall be made by the Comptroller General to the 
Congress and to the President, together with such 
recommendations with respect thereto as the Comp-
troller General shall deem advisable. 
(c) ATTORNEY-CLIENT PRIVILEGE.—Notwithstand-
ing the provisions of this section or of section 9, neither 
the Center nor the Comptroller General shall have access 
to any reports or records subject to the attorney-client 
privilege. 
SEC. 11. SPECIAL LIMITATIONS. 
The Center shall prescribe procedures that ensure 
that financial assistance under this Act shall not be termi-
nated (except that funding may be temporarily suspended 
during an interim period during the processing and con-
sideration of an application for refunding), and an applica-
tion for refunding shall not be denied, unless the grantee, 
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contractor, or person or entity receiving financial assist-
ance under this Act has been afforded reasonable notice 
and opportunity for a timely, full, and fair hearing, and 
when requested, such hearing shall be conducted by an 
independent hearing examiner. Such hearing shall be held 
prior to any final decision by the Center to terminate fi-
nancial assistance or suspend or deny funding. Hearing 
examiners shall be appointed by the Center in accordance 
with procedures established in regulations promulgated by 
the Center. 
SEC. 12. COORDINATION. 
The President may direct that appropriate support 
functions of the Federal Government may be made avail-
able to the Center in carrying out its activities under this 
Act, to the extent not inconsistent with other applicable 
law. 
SEC. 13. GAO STUDY. 
On the date that is 4 years after the date of the en-
actment of this Act, the Comptroller General shall submit 
to Congress a study on— 
(1) the affect that the Center has had on— 
(A) the provision of public defense services; 
and 
(B) the cost of the criminal justice system; 
and 
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(2) the provision and the cost of providing pub-
lic defense services for jurisdictions that do not re-
ceive assistance from the Center. 
SEC. 14. FUNDS. 
Section 506 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756) is amend-
ed by inserting at the end the following: 
‘‘(c) Of the total amount made available to carry out 
this subpart for a fiscal year, the Attorney General shall 
reserve not less than 10 percent to carry out the National 
Center for the Right to Counsel Act.’’. 
Æ 
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