I 
114TH CONGRESS 
2D SESSION 
H. R. 5449 
To amend title 18, United States Code, to create a commission to provide 
adequate representation to defendants in Federal criminal cases, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 10, 2016 
Mr. DEUTCH (for himself and Mr. KENNEDY) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to create a commis-
sion to provide adequate representation to defendants 
in Federal criminal cases, 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 ‘‘Independent and Ef-
fective Federal Defenders Act of 2016’’. 
SEC. 2. REVISION OF SYSTEM TO ENSURE ADEQUATE REP-
RESENTATION OF FEDERAL DEFENDANTS. 
Section 3006A of title 18, United States Code, is 
amended to read as follows: 
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‘‘§ 3006A. Adequate representation of defendants 
‘‘(a) FEDERAL DEFENDER COMMISSION.— 
‘‘(1) IN GENERAL.—There is established, as an 
independent agency within the executive branch, the 
Federal Defender Commission (hereinafter in this 
section referred to as the ‘Commission’). 
‘‘(2) COMPOSITION
AND
APPOINTMENT
BY 
PRESIDENT.—The Commission shall consist of 12 
members, appointed by the President. 
‘‘(3) DIRECTOR.—The President shall appoint a 
Director to serve on the Commission. The Director 
shall have all of the qualifications described in para-
graph (5) and none of the disqualifications described 
in paragraph (6). The term of the Director shall be 
6 years, but a Director may serve after the expira-
tion of that term until a successor takes office. 
‘‘(4) CONSIDERATIONS
IN
APPOINTMENT.—In 
appointing members of the Commission, the Presi-
dent shall ensure that— 
‘‘(A) each of the 12 members of the Com-
mission has primary experience in criminal de-
fense in a circuit in which no other member of 
the Commission has such experience at the time 
of the appointment; and 
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‘‘(B) at least a majority of the members of 
the Commission are individuals who are former 
Federal defenders. 
‘‘(5) QUALIFICATIONS OF MEMBERS.—To be a 
member of the Commission, an individual must— 
‘‘(A) be a member of the bar of the highest 
court of a State; and 
‘‘(B) have significant experience in the 
legal defense of criminal cases or demonstrated 
a commitment to indigent defense representa-
tion or juvenile defense representation. 
‘‘(6) DISQUALIFICATIONS
OF
MEMBERS.—An 
individual shall not serve on the Commission who 
is— 
‘‘(A) employed as a Federal defender; 
‘‘(B) employed as a prosecutor or law en-
forcement official; or 
‘‘(C) serving as an active judicial officer of 
the United States. 
‘‘(7) TERM.— 
‘‘(A) Except as otherwise provided in this 
paragraph, the term of a member of the Com-
mission shall be 6 years. 
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‘‘(B) A member may serve after the expi-
ration of that member’s term until a successor 
takes office. 
‘‘(C) Of the 12 members first appointed to 
the Commission, 6 shall be initially appointed 
for 2-year terms, so that the terms of members 
of the commission are staggered. 
‘‘(8) DUTIES OF COMMISSION.—The Commis-
sion shall— 
‘‘(A) consult with each United States dis-
trict court on a plan operating throughout the 
district for furnishing representation to any 
person financially unable to obtain representa-
tion; 
‘‘(B) appoint, taking into consideration the 
recommendations of the relevant bar or bars of 
the State, law schools in the State, and other 
organizations and individuals, a Federal Public 
Defender, having the same qualifications for 
service as this subsection requires for a member 
of the Commission and not having any of the 
disqualifications described in this subsection, 
other than that described in paragraph (6)(A), 
for such service, for each district to carry out 
the plan for that district; and 
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‘‘(C) develop for Federal Public Defender 
offices— 
‘‘(i) national guidelines on quality of 
representation; 
‘‘(ii) program evaluation systems; 
‘‘(iii) attorney and staff evaluation 
systems to ensure effective management 
and representation; 
‘‘(iv) training, publications, and semi-
nars; 
‘‘(v) specialty resource centers; 
‘‘(vi) research and development pilot 
projects; 
‘‘(vii) statistical studies; and 
‘‘(viii) committees, projects, or work-
ing groups. 
‘‘(9) PLAN
MAY
COMBINE
DISTRICTS.—The 
plan may include a combination of districts if such 
a combined office would be cost effective, based on 
the number of appointments each year, and where 
the interests of justice of effective representation re-
quire the establishment of such an office. The Com-
mission shall determine the need for a Federal Pub-
lic Defender office and geographic boundaries it 
serves. However, the Commission shall ensure that 
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each Federal judicial district has within it a Federal 
Public Defender office providing representation. 
‘‘(10) STAFF.—The Commission may appoint 
additional employees as it deems appropriate, to as-
sist the Commission in carrying out its duties. 
‘‘(11) COMPENSATION OF MEMBERS AND EM-
PLOYEES.—Members of the Commission and em-
ployees of the Commission shall be compensated at 
rates determined by the Commission, but not in ex-
cess of the rate of level V of the Executive Schedule 
specified in section 5316 of title 5. 
‘‘(12) PROFESSIONAL
RESPONSIBILITY.—The 
Commission shall not— 
‘‘(A) interfere with any attorney providing 
representation under this section in carrying 
out such attorney’s professional responsibilities 
to such attorney’s client; or 
‘‘(B) abrogate as to attorneys in providing 
representation under this section the authority 
of a State or other jurisdiction to enforce stand-
ards of professional responsibility generally ap-
plicable to attorneys in such jurisdiction. 
‘‘(b) REQUIREMENTS FOR PLAN.—Each plan for rep-
resentation under this section shall include the following: 
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‘‘(1) REPRESENTATION
PROVIDED
IN
ALL 
CASES.—Representation shall be provided for any fi-
nancially eligible person who— 
‘‘(A) is charged with a criminal offense; 
‘‘(B) is a juvenile alleged to have com-
mitted an act of juvenile delinquency as defined 
in section 5031; 
‘‘(C) is charged with a violation of proba-
tion; 
‘‘(D) is under arrest, when such represen-
tation is required by law; 
‘‘(E) is charged with a violation of super-
vised release or faces modification, reduction, or 
enlargement of a condition, or extension or rev-
ocation of a term of supervised release; 
‘‘(F) is subject to a mental condition hear-
ing under chapter 313; 
‘‘(G) is in custody as a material witness; 
‘‘(H) is entitled to appointment of counsel 
under the sixth amendment to the Constitution; 
‘‘(I) faces loss of liberty in a case, and 
Federal law requires the appointment of coun-
sel; 
‘‘(J) is entitled to the appointment of 
counsel under section 4109; 
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‘‘(K) is involved in a proceeding in which 
a criminal adjudication may result; 
‘‘(L) is being considered for, or seeks to 
obtain, under subsection (c)(1) or (c)(2) of sec-
tion 3582, a modification of a term of imprison-
ment; or 
‘‘(M) is involved in proceedings seeking 
clemency or a pardon. 
‘‘(2) REPRESENTATION
PROVIDED
IN
SOME 
CASES.—Whenever the United States magistrate 
judge or the court determines that the interests of 
justice so require, representation may be provided 
for any financially eligible person who seeks relief 
under section 2241, 2254, or 2255 of title 28. 
‘‘(3) APPOINTMENT OF PRIVATE ATTORNEYS.— 
Each District shall develop a panel of private attor-
neys. A private attorney shall provide representation 
under this section when the nature of the case or 
ethical considerations so require. Cases shall be ran-
domly assigned to private panel attorneys on a rotat-
ing basis. The Federal Public Defender in the dis-
trict shall not be involved in the selection of private 
panel attorneys for individual cases. The panel of 
private attorneys shall divide themselves into areas 
of criminal proceeding expertise. 
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‘‘(4) QUALIFICATIONS
OF
PRIVATE
ATTOR-
NEYS.—To be a private attorney on the panel, an in-
dividual must have significant experience in the legal 
defense of criminal cases. 
‘‘(5) ONGOING TRAINING AND CERTIFICATION 
OF PRIVATE ATTORNEYS.—Each District shall de-
velop and provide ongoing, mandatory training pro-
grams for private attorneys on the panel. All attor-
neys participating on a panel shall have their per-
formance in representing defendants regularly peer 
reviewed by and certified by distinguished members 
of the local criminal defense community. 
‘‘(6) USE OF PRIVATE ATTORNEYS.—Each plan 
shall provide that private attorneys be appointed to 
represent defendants in a substantial proportion of 
cases. 
‘‘(7) USE OF OTHER ATTORNEYS.—Each plan 
may include, in addition to the provisions for private 
attorneys, for the use of attorneys furnished by a 
bar association or legal aid society. 
‘‘(c) BUDGET ANALYST.—Each District shall have a 
budget analyst. The budget analyst shall be hired by the 
Commission. The budget analyst shall be operationally 
independent of the Federal Public Defender and the judi-
cial branch in such circuit. The budget analyst shall have 
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significant experience in criminal defense practice. The 
budget analyst shall engage in timely, objective, and inde-
pendent analysis of reimbursement for costs submitted by 
the private attorneys. The budget analyst may mediate 
any claims for reimbursement payments submitted by pri-
vate attorneys. The budget analyst will oversee and ap-
prove the use of investigators and experts for cases. 
‘‘(d) FEDERAL PUBLIC DEFENDER.— 
‘‘(1) DUTIES AND POWERS.—The Federal Pub-
lic Defender in each district shall carry out the plan 
for representation in that district. In order to do so, 
the Federal Public Defender may appoint such staff, 
establish salaries for the staff, and make such con-
tracts as are necessary to carry out the functions of 
the office. The salary structure in each office shall 
be commensurate with that provided for the lawyers 
and staff of the United States Attorney for the rel-
evant district. 
‘‘(2) TERM.—The term of a Federal Public De-
fender is 4 years, but a Federal Public Defender 
may serve after the expiration of that term until a 
successor takes office. The Federal Public Defender 
may be appointed for more than one term. 
‘‘(3) REMOVAL.—The Commission may, with 
the concurrence of three quarters of the members 
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serving at the time of the removal, remove a Federal 
Public Defender for cause. 
‘‘(4) VACANCY.—The Commission may fill a va-
cancy of the office of Federal Public Defender for 
the remainder of the term, in the same manner as 
the original appointment was made. 
‘‘(e) ALTERNATIVE MEANS OF REPRESENTATION IN 
A DISTRICT.— 
‘‘(1) GENERALLY.—The Commission may cre-
ate a Community Defender Organization to carry 
out the plan for representation in the District. A 
Community Defender Organization shall be a non-
profit defense counsel service established and admin-
istered by any group authorized by the plan to pro-
vide representation. The organization shall be eligi-
ble to furnish attorneys and receive payments from 
the Commission if its bylaws are set forth in the 
plan of the district or districts in which it will serve. 
‘‘(2) ANNUAL
REPORT.—Each organization 
shall submit to the Commission an annual report 
setting forth its activities and financial position and 
the anticipated caseload and expenses for the next 
fiscal year. 
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‘‘(3) GRANTS.—Upon application an organiza-
tion may, to the extent approved by the Commis-
sion— 
‘‘(A) receive an initial grant for expenses 
necessary to establish the organization; and 
‘‘(B) receive periodic sustaining grants to 
provide representation and other expenses pur-
suant to this section. 
‘‘(f) CHANGE OF STRUCTURE BETWEEN THAT OF 
FEDERAL PUBLIC DEFENDER AND THAT OF COMMUNITY 
DEFENDER ORGANIZATION.—Either a Community De-
fender Organization or a Federal Public Defender may 
apply to the Commission to change its structure to that 
of the other. The Commission may allow that change if 
the Commission determines such a change would better 
serve the purposes of this section. 
‘‘(g) DURATION AND SUBSTITUTION OF APPOINT-
MENTS.—A person for whom counsel is appointed shall be 
represented at every stage of the proceedings from before 
being interviewed by pretrial services or a probation officer 
through appeal, including ancillary matters appropriate to 
the proceedings. If at any time after the appointment of 
counsel the United States magistrate judge or the court 
finds that the person is financially able to obtain counsel 
or to make partial payment for the representation, it may 
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terminate the appointment of counsel or authorize pay-
ment as provided in subsection (f), as the interests of jus-
tice may dictate. If at any stage of the proceedings, includ-
ing an appeal, the United States magistrate judge or the 
court finds that the person is financially unable to pay 
counsel whom he had retained, it may appoint counsel 
under this section, as the interests of justice may dictate. 
The United States magistrate judge or the court may, in 
the interests of justice, substitute one appointed counsel 
for another at any stage of the proceedings. 
‘‘(h) NONAPPLICABILITY TO LOCAL COURTS OF THE 
DISTRICT OF COLUMBIA.—This section does not apply to 
representation in the Superior Court of the District of Co-
lumbia or the District of Columbia Court of Appeals. 
‘‘(i) DEFINITIONS.—In this section the following defi-
nitions apply: 
‘‘(1) CIRCUIT.—The term ‘circuit’ means one of 
the circuits for which there is a United States court 
of appeals. 
‘‘(2) DISTRICT
COURT.—The term ‘district 
court’ means each district court of the United States 
created by chapter 5 of title 28, the District Court 
of the Virgin Islands, the District Court for the 
Northern Mariana Islands, and the District Court of 
Guam. 
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‘‘(3) REPRESENTATION.—The term ‘representa-
tion’ means representation by legal counsel and also 
includes investigative, expert, and other services nec-
essary for adequate representation. 
‘‘(4) STATE.—The term ‘State’ includes any 
State or other similar entity in which a district court 
is established.’’. 
SEC. 3. CONTINUATION OF ORGANIZATIONS ESTABLISHED 
BEFORE ENACTMENT. 
A Federal Defender organization established before 
enactment of this Act shall continue in operation, and the 
Federal Public Defender then in office shall continue to 
serve the Federal Public Defender’s term in that capacity. 
A Community Defender Organization, committee, project, 
or working group established before enactment of this Act 
shall continue in operation. 
SEC. 4. GENERAL ACCOUNTABILITY OFFICE STUDY. 
Not later than 4 years after the date of the enact-
ment of this Act, the Comptroller General shall complete 
a study and report to Congress on the provision and cost 
of Federal Defense services. 
Æ 
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