I 
115TH CONGRESS 
1ST SESSION 
H. R. 969 
To amend title 18, United States Code, to establish a corporation to advocate 
on behalf of individuals in noncapital criminal cases before the Supreme 
Court of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2017 
Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. CUMMINGS, and 
Mr. JEFFRIES) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to establish a cor-
poration to advocate on behalf of individuals in noncap-
ital criminal cases before the Supreme Court of the 
United States, and for other purposes. 
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 ‘‘Clarence Gideon Full 
Access to Justice Act’’ or the ‘‘Gideon Act’’. 
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SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVO-
CACY. 
(a) IN GENERAL.—Chapter 201 of title 18, United 
States Code, is amended by inserting after section 3006A 
the following: 
‘‘§ 3006B. Defender Office for Supreme Court Advo-
cacy 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Board’ means the Board of Di-
rectors established under subsection (d) for the Of-
fice; 
‘‘(2) the term ‘consult’ includes, with respect to 
covered cases— 
‘‘(A) giving advice; 
‘‘(B) drafting or editing briefs; 
‘‘(C) 
providing 
assistance 
with 
moot 
courts; and 
‘‘(D) organizing or coordinating the draft-
ing, editing, and filing of amicus curiae briefs; 
‘‘(3) the term ‘covered case’ means a noncapital 
case involving an issue of Federal criminal statutory 
or constitutional law; 
‘‘(4) the term ‘Director’ means the Director of 
the Office selected in accordance with subsection (e); 
and 
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‘‘(5) the term ‘Office’ means the Defender Of-
fice for Supreme Court Advocacy established under 
subsection (b). 
‘‘(b) ESTABLISHMENT; PURPOSES.—There is estab-
lished in the District of Columbia a private nonmember-
ship nonprofit corporation, which shall be known as the 
Defender Office for Supreme Court Advocacy, for the pur-
pose of— 
‘‘(1) advocating on behalf of individuals in cov-
ered cases before— 
‘‘(A) the Supreme Court of the United 
States; and 
‘‘(B) when resources permit, the highest 
court of a State; and 
‘‘(2) providing assistance to attorneys advo-
cating on behalf of individuals in covered cases de-
scribed in paragraph (1). 
‘‘(c) PRINCIPAL OFFICE.—The Office shall maintain 
its principal office in the District of Columbia. 
‘‘(d) BOARD OF DIRECTORS.— 
‘‘(1) IN
GENERAL.—The Office shall have a 
Board of Directors consisting of 18 voting mem-
bers— 
‘‘(A) 6 of whom shall be Federal Public 
Defenders or Executive Directors of Community 
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Defender Organizations described in section 
3006A, elected by the Federal Public Defenders 
and the Executive Directors of Community De-
fender Organizations in each district; 
‘‘(B) 6 of whom shall be attorneys from a 
panel described in section 3006A(b), elected by 
the panel attorney district representatives; and 
‘‘(C) 6 of whom shall be State or local 
public defenders from geographically diverse 
States, who shall be elected by the individuals 
elected under subparagraphs (A) and (B) not 
later than 6 months after the date of the first 
meeting of the Board. 
‘‘(2) STAGGERED TERMS.— 
‘‘(A) IN
GENERAL.—A member of the 
Board shall serve a term of 4 years, except that 
the first members elected to the Board under 
subparagraph (A) or (B) of paragraph (1) shall 
be divided into Class A and Class B. 
‘‘(B) CLASSES.—Class A and Class B shall 
each consist of— 
‘‘(i) 3 members elected under para-
graph (1)(A); and 
‘‘(ii) 3 members elected under para-
graph (1)(B). 
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‘‘(C) TERMS.— 
‘‘(i) INITIAL TERMS.—For the initial 
members of the Board— 
‘‘(I) members of Class A shall 
serve a term of 2 years; 
‘‘(II) members of Class B shall 
serve a term of 4 years; and 
‘‘(III) members elected under 
paragraph (1)(C) shall serve a term of 
4 years. 
‘‘(ii) SUBSEQUENT TERMS.—All sub-
sequent terms shall be for a term of 4 
years. 
‘‘(D) MEMBERSHIP OF EACH CLASS.—The 
membership of each class shall be determined 
by the members of the Board at the first meet-
ing of the Board of Directors. 
‘‘(E) VACANCIES.—Interim elections may 
be held to fill any vacancies. 
‘‘(3) BYLAWS.—The Board shall establish by-
laws to govern the operations of the Office. 
‘‘(e) DIRECTOR.— 
‘‘(1) IN
GENERAL.—The Board of Directors 
shall appoint a Director for the Office. 
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‘‘(2) REQUIREMENT.—The Director appointed 
under paragraph (1) shall not be a member of the 
Board of Directors. 
‘‘(f) GENERAL REQUIREMENTS
FOR DIRECTOR.— 
The Director shall be learned and experienced in the law 
applicable to Federal criminal appellate practice. 
‘‘(g) FUNCTIONS OF THE OFFICE.— 
‘‘(1) GRANTS
OF
PETITIONS
FOR
WRITS
OF 
CERTIORARI
IN
THE
SUPREME
COURT
OF
THE 
UNITED STATES.— 
‘‘(A) IN GENERAL.—On the granting of a 
petition for a writ of certiorari by the Supreme 
Court of the United States in a covered case, 
the Office shall— 
‘‘(i) consult with any counsel in a cov-
ered case in which the defendant was pre-
viously represented by counsel appointed 
under section 3006A; and 
‘‘(ii) when resources permit, be avail-
able to consult with counsel in any other 
covered case. 
‘‘(B) ARGUING
CASE.—In any covered 
case, an attorney described in clause (i) or (ii) 
of subparagraph (A) may— 
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‘‘(i) advocate on behalf of an indi-
vidual before the Supreme Court of the 
United States; or 
‘‘(ii) permit the Office to advocate on 
behalf of an individual before the Supreme 
Court of the United States. 
‘‘(2) FILING OF AMICUS CURIAE BRIEFS.—The 
Office may file an amicus curiae brief— 
‘‘(A) in any covered case in the Supreme 
Court of the United States; and 
‘‘(B) when resources permit, in a covered 
case in the highest courts of States. 
‘‘(3) CALL FOR THE VIEWS OF THE OFFICE; 
LEAVE TO PARTICIPATE IN ORAL ARGUMENT.—In 
any covered case— 
‘‘(A) upon request by the Supreme Court 
of the United States— 
‘‘(i) the Office may provide the views 
of the Office on the covered case; and 
‘‘(ii) an employee of the Office may 
participate in oral argument as amicus cu-
riae; and 
‘‘(B) upon request by the highest court of 
a State, and when resources permit— 
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‘‘(i) the Office may provide the views 
of the Office on the covered case; and 
‘‘(ii) an employee of the Office may 
participate in oral argument as amicus cu-
riae. 
‘‘(4) MONITORING COURT DECISIONS AND FIL-
ING
PETITIONS
FOR
CERTIORARI.—The 
Office 
may— 
‘‘(A) monitor issues in covered cases— 
‘‘(i) on which the courts of appeals of 
the United States are divided; or 
‘‘(ii) that involve significant Federal 
criminal statutory or constitutional issues; 
and 
‘‘(B) draft, edit, and file a petition for cer-
tiorari in the Supreme Court of the United 
States on behalf of an individual seeking review 
by the Supreme Court of the United States of 
a covered case. 
‘‘(5) TRAINING.—The Office may provide train-
ing to carry out the purpose and functions of the Of-
fice. 
‘‘(6) OTHER FUNCTIONS.—In addition to the 
functions described in paragraphs (1) through (5), 
the Director may allocate any funds made available 
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to the Office for any other function that the Direc-
tor determines is necessary to carry out the purposes 
of the Office, including, when resources permit, ad-
vocacy in a covered case before the highest court of 
a State. 
‘‘(h) EMPLOYEES.—The Director, subject to general 
policies established by the Office, has the authority to ap-
point and remove such employees of the Office as the Di-
rector determines necessary to carry out the purposes of 
the Office.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 201 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 3006A the following: 
‘‘3006B. Defender Office for Supreme Court Advocacy.’’. 
Æ 
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