to appoint such a council, or such remaining 
unappointed members of the council, from among 
the individuals recommended by the State bar asso-
ciation. 
(3) QUALIFICATIONS OF MEMBERS.—The mem-
bers of the advisory council shall be subject to the 
qualifications under subsection (b), and shall be 
made from among recommendations made by the 
State bar association, in collaboration with the Ac-
cess to Justice Initiative of the Department of Jus-
tice. 
(4) TERMS; VACANCIES.—The term of a mem-
ber of a State advisory council shall be 4 years. A 
member may serve after the expiration of that mem-
ber’s term until a successor member takes office. A 
vacancy on the council shall be filled in the manner 
described in paragraph (2). 
(5) POWERS.—Each State advisory council 
shall— 
(A) monitor, receive, and investigate com-
plaints regarding the compliance of public de-
fense systems in that State that receive funding 
under this Act with the provisions of this Act 
and applicable rules, regulations, and guidelines 
promulgated pursuant to this Act; 
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(B) notify the Center of any apparent vio-
lation of the provisions of this Act and applica-
ble rules, regulations, and guidelines promul-
gated pursuant to this Act, and furnish a copy 
of the notification to any recipient affected 
thereby, and the Center shall allow such recipi-
ent a reasonable time (but in no case less than 
30 days) to reply to any allegation contained in 
the notification; 
(C) collect information and data on the de-
livery of public defense services in that State; 
and 
(D) facilitate the sharing of information 
between public defense systems in that State. 
(6) STAFF.—Each State advisory council may 
appoint additional personnel as it considers appro-
priate in order to carry out paragraph (5)(A). 
(7) REPORT.—Beginning on the date that is 
one year after a State advisory council has its first 
meeting, and annually thereafter, a State advisory 
council shall submit to the Center a report that in-
cludes— 
(A) an assessment on the provision of pub-
lic defense services in that State; and 
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(B) recommendations on actions that the 
Center could take to— 
(i) enhance compliance of public de-
fense systems in that State that receive 
funding under this Act with the provisions 
of this Act and applicable rules, regula-
tions, and guidelines promulgated pursuant 
to this Act; and 
(ii) improve the delivery of public de-
fense services in that State. 
(h) OPEN MEETINGS; APPLICABILITY OF GOVERN-
MENT IN THE SUNSHINE PROVISIONS.—All meetings of 
the Board, of any executive committee of the Board, and 
of any advisory council established in connection with this 
Act shall be open and shall be subject to the requirements 
and provisions of section 552b of title 5, United States 
Code (relating to open meetings). 
(i) QUARTERLY MEETINGS.—The Board shall meet 
at least 4 times during each calendar year. 
SEC. 6. OFFICERS AND EMPLOYEES. 
(a) EXECUTIVE DIRECTOR AND OTHER OFFICERS.— 
The Board shall appoint the Executive Director of the 
Center, who shall be a member of the bar of the highest 
court of a State and shall be a nonvoting ex officio mem-
ber of the Board, and such other officers as the Board 
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determines necessary. No officer of the Center may receive 
any salary or other compensation for services from any 
source other than the Center during his period of employ-
ment by the Center, except as authorized by the Board. 
All officers shall serve at the pleasure of the Board. 
(b) APPOINTMENT AND REMOVAL OF EMPLOYEES.— 
The Executive Director of the Center, subject to general 
policies established by the Board, may appoint and remove 
such employees of the Center as the Executive Director 
determines necessary to carry out the purposes of the Cen-
ter. 
(c) NONPARTISAN APPOINTMENTS.—No political test 
or political qualification shall be used in selecting, appoint-
ing, promoting, or taking any other personnel action with 
respect to any officer, agent, or employee of the Center 
or of any recipient, or in selecting or monitoring any 
grantee, contractor, or person or entity receiving financial 
assistance under this title. 
(d) COMPENSATION.—Officers and employees of the 
Center shall be compensated at rates determined by the 
Board, but not in excess of the rate of level V of the Exec-
utive Schedule specified in section 5316 of title 5, United 
States Code. 
(e) OFFICERS AND EMPLOYEES NOT DEEMED OFFI-
CERS AND EMPLOYEES OF FEDERAL GOVERNMENT.— 
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(1) IN GENERAL.—Except as otherwise specifi-
cally provided in this Act, officers and employees of 
the Center shall not be considered officers or em-
ployees, and the Center shall not be considered a de-
partment, agency, or instrumentality, of the Federal 
Government. 
(2) EXCEPTIONS.—Officers and employees of 
the Center shall be considered officers and employ-
ees of the Federal Government for purposes of the 
following provisions of title 5, United States Code: 
subchapter I of chapter 81 (relating to compensation 
for work injuries); chapter 83 (relating to civil serv-
ice retirement); chapter 87 (relating to life insur-
ance); and chapter 89 (relating to health insurance). 
The Center shall make contributions at the same 
rates applicable to agencies of the Federal Govern-
ment under the provisions referred to in this sub-
section. 
(3) FREEDOM OF INFORMATION.—The Center 
and its officers and employees shall be subject to the 
provisions of section 552 of title 5, United States 
Code (relating to freedom of information). 
(4) OFFICE OF MANAGEMENT AND BUDGET.— 
Nothing in this Act shall be construed as limiting 
the authority of the Office of Management and 
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