I 
113TH CONGRESS 
1ST SESSION H. R. 3407 
To establish the National Center for the Right to Counsel. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 30, 2013 
Mr. DEUTCH (for himself, Mr. CONYERS, and Mr. SCOTT of Virginia) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To establish the National Center for the Right to Counsel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Center for 
the Right to Counsel Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Sixth Amendment to the Constitution 
of the United States provides that ‘‘In all criminal 
prosecutions, the accused shall enjoy the right to 
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. . . have the Assistance of Counsel for his de-
fense.’’ 
(2) In Gideon v. Wainwright, 372 U.S. 335 
(1963), the United States Supreme Court held that 
the States were required to provide counsel for indi-
gent defendants in all felony cases. 
(3) In Argersinger v. Hamlin, 407 U.S. 25 
(1972), the United States Supreme Court held that 
indigent defendants are entitled to court-appointed 
counsel in any case that leads to actual imprison-
ment. 
(4) For more than 50 years, the States and 
local governments have been struggling to satisfy 
this mandate. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Board’’ means the Board of Di-
rectors of the National Center for the Right to 
Counsel. 
(2) The term ‘‘Center’’ means the National 
Center for the Right to Counsel established in this 
Act. 
(3) The term ‘‘indigent defendant’’ means a de-
fendant in a criminal case who is unable to afford 
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a reasonable attorney’s fee in the case against such 
person. 
(4) The term ‘‘public defense services’’ means 
legal assistance provided to an indigent defendant in 
a criminal case against such person. 
(5) The term ‘‘public defense system’’ means a 
system that provides public defense services, and in-
cludes a system that is run by a State or local unit 
of government, and a system that is run by a private 
entity or individual that provides such services by 
reason of a contract with a State or local unit of 
government. 
(6) The term ‘‘State’’ means any State of the 
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
SEC. 4. ESTABLISHMENT OF CENTER. 
(a) IN GENERAL.—There is established in the Dis-
trict of Columbia a private nonmembership nonprofit cor-
poration, which shall be known as the National Center for 
the Right to Counsel, for the purpose of— 
(1) providing financial support to supplement, 
not supplant, funding for public defense systems; 
and 
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(2) providing financial and substantive support 
for training programs that aim to improve the deliv-
ery of legal services to indigent defendants. 
(b) PRINCIPAL OFFICE; AGENT FOR SERVICE OF 
PROCESS.—The Center shall maintain its principal office 
in the District of Columbia and shall maintain therein a 
designated agent to accept service of process for the Cen-
ter. Notice to or service upon the agent shall be deemed 
notice to or service upon the Center. 
(c) STATUS OF CENTER UNDER TAX LAWS.—The 
Center shall be eligible to be treated as an organization 
described in section 170(c)(2)(B) of the Internal Revenue 
Code of 1986 and as an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 which is 
exempt from taxation under section 501(a) of such Code. 
If such treatments are conferred in accordance with the 
provisions of such Code, the Center shall be subject to all 
provisions of such Code relevant to the conduct of organi-
zations exempt from taxation. 
SEC. 5. GOVERNING BODY. 
(a) BOARD OF DIRECTORS ESTABLISHED.—The Cen-
ter shall have a Board of Directors consisting of 9 voting 
members appointed by the President, by and with the ad-
vice and consent of the Senate. The President shall make 
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such nominations not later than 60 days after the date 
of the enactment of this Act. 
(b) QUALIFICATIONS OF MEMBERS.—The members 
shall be qualified as follows: 
(1) A majority of the members shall be mem-
bers of the bar of the highest court of any State. 
(2) One member shall have been an indigent de-
fendant who received public defense services from a 
public defense system. 
(3) The members, except for the member de-
scribed in paragraph (2), shall have— 
(A) significant experience in the legal de-
fense of criminal cases; 
(B) demonstrated a commitment to quality 
indigent defense representation; or 
(C) demonstrated a commitment to work-
ing with and advocating for the population 
served by the Center. 
(c) TERMS.— 
(1) IN GENERAL.—The term of a member shall 
be 5 years, except as provided in paragraphs (2) and 
(4). 
(2) FIRST TERMS.—As designated by the Presi-
dent at the time of appointment, of the members 
first appointed— 
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(A) 3 shall be appointed for terms of 2 
years; 
(B) 3 shall be appointed for terms of 3 
years; and 
(C) 3 shall be appointed for terms of 4 
years. 
(3) REAPPOINTMENT.—No member may be re-
appointed to more than two consecutive terms imme-
diately following such member’s initial term. 
(4) VACANCIES.—Any member appointed to fill 
a vacancy occurring before the expiration of the 
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. A vacancy in the Board shall be filled in the 
manner in which the original appointment was 
made. 
(5) REMOVAL FOR CAUSE.—A member of the 
Board may be removed by the President for malfea-
sance in office, for persistent neglect of or inability 
to discharge duties, or for offenses involving moral 
turpitude, and for no other cause. 
(d) MEMBERS NOT OFFICERS OR EMPLOYEES OF A 
GOVERNMENT.—The members of the Board shall not, by 
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reason of such membership, be deemed officers or employ-
ees of the Federal Government, a State government, local 
government, or any law enforcement agency. 
(e) CHAIRMAN.—The President shall select a chair-
man from among the initial members to serve for a period 
of two years. Thereafter, the chairman shall be elected an-
nually by the members. 
(f) CONFLICT OF INTEREST.— 
(1) IN GENERAL.—No member of the Board, 
member of a State advisory council, or employee of 
a regional backup service center may participate in 
any decision, action, or recommendation with respect 
to any matter which directly benefits such member 
or employee or pertains specifically to any firm or 
organization with which such member or employee is 
then associated or has been associated within a pe-
riod of two years. 
(2) DISCLOSURE AND RECUSAL.—In the event 
of a conflict of interest described in paragraph (1), 
the member of the Board, member of a State advi-
sory council, or employee of a regional backup serv-
ice center who has a conflict shall disclose the inter-
est that the member or employee has in the matter, 
subject to applicable attorney-client privilege, to the 
Board, and— 
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