(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 
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-
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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 
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 
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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-
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. 
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(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 
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 
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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, 
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. 
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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 
(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 
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reserve not less than 10 percent to carry out the National 
Center for the Right to Counsel Act.’’. 
Æ 
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