the date of enactment of this Act and without re-
gard to the deadlines under section 4(b)— 
(A) has not developed and implemented a 
data collection process that meets the require-
ments under paragraph (1) of that section; 
(B) has not developed workload limits that 
meet the requirements under paragraph (2) of 
that section, or has developed such limits but is 
not in compliance with the limits; or 
(C) does not meet the compensation re-
quirements under paragraph (3) of that section. 
(12) FULL-TIME.—The term ‘‘full-time’’, with 
respect to an employee of a prosecutor’s office or 
public defender’s office, means an employee who 
works not less than 40 hours per week for that of-
fice. 
(13) PERIPHERAL CHARGE.—The term ‘‘periph-
eral charge’’, with respect to a case that involves 
multiple charges, means any charge that is not the 
dominant charge. 
(14) PROSECUTOR.—The term ‘‘prosecutor’’— 
(A) has the meaning given the term in sec-
tion 3001(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10671(b)); and 
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(B) includes a full-time employee of a 
Tribal organization who— 
(i) is continually licensed to practice 
law; and 
(ii) carries out activities equivalent to 
those of a prosecutor referred to in sub-
paragraph (A). 
(15) 
PROSECUTOR’S
OFFICE; 
PUBLIC
DE-
FENDER’S OFFICE.—The terms ‘‘prosecutor’s office’’ 
and ‘‘public defender’s office’’ mean an agency or of-
fice of a State, unit of local government, or Tribal 
organization that employs prosecutors or public de-
fenders, respectively. 
(16) PUBLIC
DEFENDER.—The term ‘‘public 
defender’’— 
(A) has the meaning given the term in sec-
tion 3001(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 
U.S.C. 10671(b)); and 
(B) includes an attorney employed by a 
Tribal organization who— 
(i) is continually licensed to practice 
law; and 
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(ii) carries out activities equivalent to 
those of a public defender referred to in 
subparagraph (A). 
(17) STAFF ATTORNEY.—The term ‘‘staff attor-
ney’’, with respect to a prosecutor’s office or public 
defender’s office, means a prosecutor or public de-
fender who is not the chief prosecutor or chief public 
defender, respectively. 
(18) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 901 of title I of the 
Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10251). 
(19) TRIBAL ORGANIZATION.—The term ‘‘Trib-
al organization’’ has the meaning given the term 
‘‘tribal organization’’ in section 4(l) of the Indian 
Self-Determination and Education Assistance Act 
(25 U.S.C. 5304(l)). 
(20) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ has the meaning given 
the term in section 901 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10251). 
SEC. 4. PUBLIC DEFENSE GRANT PROGRAM. 
(a) GRANT AUTHORITY.— 
(1) IN GENERAL.— 
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(A) INITIAL GRANTS.—During the first 5 
fiscal years beginning after the date of enact-
ment of this Act, the Attorney General shall 
award a grant, to be used for public defense, to 
any eligible entity that commits to satisfying 
the requirements under subsection (b) and sec-
tion 5. 
(B) CONTINUING
GRANTS.—During the 
sixth fiscal year beginning after the date of en-
actment of this Act, and each fiscal year there-
after, the Attorney General shall award a grant 
to any eligible entity that— 
(i) commits to satisfying the require-
ments under section 5; 
(ii) certifies that the eligible entity is 
in compliance with— 
(I) the workload limits developed 
by the eligible entity under subsection 
(b)(2) of this section; and 
(II) the requirements under sub-
section (b)(3) of this section; and 
(iii) commits to using the grant funds 
for public defense. 
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(2) AMOUNT.—In applying for a grant under 
paragraph (1), an eligible entity shall request a 
grant amount that takes into account— 
(A) any technology and training required 
to meet the requirements under subsection 
(b)(1); and 
(B) the size of the justice system— 
(i) that the entity administers or in 
which the entity participates, as applicable, 
relative to the size of other justice systems 
in— 
(I) the United States, if the enti-
ty is a State or a public defender’s of-
fice of a State; or 
(II) the State in which the entity 
is located, if the entity is a unit of 
local government or a public defend-
er’s office of a unit of local govern-
ment; or 
(ii) of the Indian Tribe, if the entity 
is a Tribal organization or a public defend-
er’s office of a Tribal organization. 
(b) REQUIREMENTS.—The requirements for an eligi-
ble entity under this subsection are as follows: 
(1) DATA COLLECTION.— 
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(A) PROCESS.—During the first fiscal year 
for which the eligible entity receives a covered 
grant, the eligible entity shall develop and im-
plement a process for collecting the following 
data for full-time attorneys employed by each 
applicable public defender’s office during the 
fiscal year: 
(i) The mean and median number of 
hours per month worked per attorney. 
(ii) The mean and median percentage 
of hours per month spent with clients per 
attorney, excluding court appearances. 
(iii) The mean and median percentage 
of hours per month spent in court pro-
ceedings per attorney. 
(iv) The mean and median percentage 
of hours spent per month by an attorney 
on— 
(I) investigation; 
(II) research; 
(III) writing; and 
(IV) preparation. 
(v) The amount of attorney turnover, 
broken down by the level of experience and 
length of employment of the attorney. 
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(vi) The number of open cases as of 
the last day of the fiscal year, broken down 
by— 
(I) case type, including by— 
(aa) the dominant charge; 
and 
(bb) each peripheral charge; 
(II) the attorney, who shall be 
identified using an anonymized unique 
identifier; 
(III) the date on which the attor-
ney was appointed to the case; and 
(IV) the date on which the attor-
ney first met with the client. 
(vii) The number of cases closed dur-
ing the fiscal year, broken down by— 
(I) case type, including by— 
(aa) the dominant charge; 
and 
(bb) each peripheral charge; 
(II) the attorney, who shall be 
identified using an anonymized unique 
identifier; 
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(III) the date on which the case 
was referred to the public defender’s 
office; 
(IV) the date on which the attor-
ney was appointed to the case; and 
(V) the date on which the case 
was closed. 
(B) COLLECTION
AND
SUBMISSION
RE-
QUIREMENT.—For the second fiscal year, and 
each subsequent fiscal year, for which an eligi-
ble entity receives a covered grant, the eligible 
entity shall— 
(i) collect the data described in sub-
paragraph (A) with respect to that fiscal 
year; and 
(ii) submit the data to the Attorney 
General. 
(2) WORKLOAD LIMITS.— 
(A) DEVELOPMENT
OF
WORKLOAD
LIM-
ITS.—During the second fiscal year for which 
the eligible entity receives a covered grant, the 
eligible entity shall develop workload limits, 
based on the data collected under paragraph 
(1), that provide each full-time public defender 
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employed by an applicable public defender’s of-
fice with sufficient time to provide— 
(i) reasonably effective assistance of 
counsel pursuant to prevailing professional 
norms; and 
(ii) competent representation pursu-
ant to applicable rules of professional re-
sponsibility. 
(B) PERIODIC
UPDATES.—If the eligible 
entity receives covered grants under subsection 
(a)(1)(B), the eligible entity shall review and, 
as necessary, update the limits developed under 
subparagraph (A) of this paragraph not less 
frequently than once every 10 fiscal years. 
(3) PUBLIC DEFENDER COMPENSATION.—Dur-
ing the sixth fiscal year, and each subsequent fiscal 
year, for which the eligible entity receives a covered 
grant, the eligible entity shall satisfy the following 
requirements with respect to employees of each ap-
plicable public defender’s office (or, in the case of 
subparagraph (D), with respect to each private at-
torney appointed by an applicable court): 
(A) The rate and basis of compensation of 
the chief public defender shall be equivalent to 
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the rate and basis of compensation of the cor-
responding chief prosecutor. 
(B) The rate and basis of compensation of 
an entry-level full-time staff attorney shall be 
equivalent to the rate and basis of compensa-
tion of an entry-level full-time staff attorney 
employed by the corresponding prosecutor’s of-
fice. 
(C) The rate and basis of compensation of 
a non-entry-level full-time staff attorney shall 
be equivalent to the greater of— 
(i) the rate and basis of compensation 
of a full-time staff attorney employed by 
the corresponding prosecutor’s office who 
has the same number of years of experi-
ence working as a criminal attorney; or 
(ii) the rate and basis of compensa-
tion of a full-time staff attorney employed 
by the corresponding prosecutor’s office 
who has an equivalent supervisory or man-
agerial role. 
(D) In the case of an eligible entity that is 
not a public defender’s office, the rate of com-
pensation of a private attorney appointed by an 
applicable court to represent a defendant shall 
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be equivalent to the rate of compensation of an 
attorney appointed under section 3006A of title 
18, United States Code, by the United States 
district court for the Federal judicial district in 
which the applicable court is located, for the 
same or a similar type of case. 
(E) The rate and basis of compensation of 
a full-time investigator shall be equivalent to 
the rate and basis of compensation of a full- 
time 
investigator 
employed 
by 
the 
cor-
responding prosecutor’s office who has the same 
number of years of experience working as an in-
vestigator. 
(F) The rate and basis of compensation of 
a full-time paralegal shall be equivalent to the 
rate and basis of compensation of a full-time 
paralegal employed by the corresponding pros-
ecutor’s office who has the same number of 
years of experience working as a paralegal. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
to carry out this section— 
(1) $250,000,000 for each of the first 5 fiscal 
years beginning after the date of enactment of this 
Act; and 
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(2) such sums as may be necessary for each fis-
cal year thereafter. 
SEC. 5. PROGRESS REPORTS; CERTIFICATIONS. 
(a) PROGRESS REPORTS.—For each of the first 5 fis-
cal years for which a State or Tribal organization receives 
a covered grant, the State or Tribal organization shall 
submit a report to the Attorney General that— 
(1) documents the progress of the State or 
Tribal organization in meeting the requirements 
under section 4(b)(3); 
(2) provides a formal accounting of total 
amounts expended on public defense during the fis-
cal year by the— 
(A) State, including each unit of local gov-
ernment in the State; or 
(B) Tribal organization; 
(3) provides a formal accounting of total 
amounts expended on prosecution during the fiscal 
year by the— 
(A) State, including each unit of local gov-
ernment in the State; or 
(B) Tribal organization; and 
(4) documents the progress of the State, includ-
ing each unit of local government in the State, or 
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