,i #aafth ,,congress #ast ,session ,h4 ,r4 #cgda ,,in ,,the ,,house ,,of ,,representatives ,july #ab1 #bjai,mr4 ,deutch introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish the ,national ,center for the ,right to ,counsel4 #a4 ,short title ,this ,act may be cited as the ,national ,center for the ,right to ,counsel ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,sixth ,amendment to the ,constitution of the ,united ,states provides that ,in all criminal prosecutions1 the accused shall enjoy the right to ''' have the ,assistance of ,counsel for his defense44 7#b7 ,in ,gideon v4 ,wainwright1 #cgb ,u4,s4 #cce 7#aifc71 the ,united ,states ,supreme ,court held that the ,states were required to provide counsel for indigent defendants in all felony cases4 7#c7 ,in ,argersinger v4 ,hamlin1 #djg ,u4,s4 #be 7#aigb71 the ,united ,states ,supreme ,court held that indigent defendants are entitled to court-appointed counsel in any case that leads to actual imprisonment4 7#d7 ,for more than #ej years1 the ,states and local governments have been struggling to satisfy this mandate4 #c4 ,definitions ,in this ,act3 7#a7 ,the term ,board means the ,board of ,directors of the ,national ,center for the ,right to ,counsel4 7#b7 ,the term ,center means the ,national ,center for the ,right to ,counsel established in this ,act4 7#c7 ,the term indigent defendant means a defendant in a criminal case who is unable to afford a reasonable attorney's fee in the case against such person4 7#d7 ,the term public defense services means legal assistance provided to an indigent defendant in a criminal case against such person4 7#e7 ,the term public defense system means a system that provides public defense services1 and includes a system that is run by a ,state or local unit of government1 and a system that is run by a private entity or individual that provides such services by reason of a contract with a ,state or local unit of government4 7#f7 ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 #d4 ,establishment of ,center 7a7 ,in general ,there is established in the ,district of ,columbia a private nonmembership nonprofit corporation1 which shall be known as the ,national ,center for the ,right to ,counsel1 for the purpose of-- 7#a7 providing financial support to supplement1 not supplant1 funding for public defense systems2 and 7#b7 providing financial and substantive support for training programs that aim to improve the delivery of legal services to indigent defendants4 7b7 ,principal office2 agent for service of process ,the ,center shall maintain its principal office in the ,district of ,columbia and shall maintain therein a designated agent to accept service of process for the ,center4 ,notice to or service upon the agent shall be deemed notice to or service upon the ,center4 7c7 ,status of ,center under tax laws ,the ,center shall be eligible to be treated as an organization described in section #agj7;c77#b77;,b7 of the ,internal ,revenue ,code of #aihf and as an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf which is exempt from taxation under section #eja7;a7 of such ,code4 ,if such treatments are conferred in accordance with the provisions of such ,code1 the ,center shall be subject to all provisions of such ,code relevant to the conduct of organizations exempt from taxation4 #e4 ,governing body 7a7 ,board of directors established ,the ,center shall have a ,board of ,directors consisting of #i voting members appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,president shall make such nominations not later than #fj days after the date of the enactment of this ,act4 7b7 ,qualifications of members ,the members shall be qualified as follows3 7#a7 ,a majority of the members shall be members of the bar of the highest court of any ,state4 7#b7 ,one member shall have been an indigent defendant who received public defense services from a public defense system4 7#c7 ,the members1 except for the member described in paragraph 7#b71 shall have-- 7,a7 significant experience in the legal defense of criminal cases2 7,b7 demonstrated a commitment to quality indigent defense representation2 or 7,c7 demonstrated a commitment to working with and advocating for the population served by the ,center4 7c7 ,terms 7#a7 ,in general ,the term of a member shall be #e years1 except as provided in paragraphs 7#b7 and 7#d74 7#b7 ,first terms ,as designated by the ,president at the time of appointment1 of the members first appointed-- 7,a7 three shall be appointed for terms of #b years2 7,b7 three shall be appointed for terms of #c years2 and 7,c7 three shall be appointed for terms of #d years4 7#c7 ,reappointment ,no member may be reappointed to more than two consecutive terms immediately following such member's initial term4 7#d7 ,vacancies ,any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term4 ,a member may serve after the expiration of that member's term until a successor has taken office4 ,a vacancy in the ,board shall be filled in the manner in which the original appointment was made4 7#e7 ,removal for cause ,a member of the ,board may be removed by the ,president for malfeasance in office1 for persistent neglect of or inability to discharge duties1 or for offenses involving moral turpitude1 and for no other cause4 7d7 ,members not officers or employees of a government ,the members of the ,board shall not1 by reason of such membership1 be deemed officers or employees of the ,federal ,government1 a ,state government1 local government1 or any law enforcement agency4 7e7 ,chairman ,the ,president shall select a chairman from among the initial members to serve for a period of two years4 ,thereafter1 the chairman shall be elected annually by the members4 7f7 ,conflict of interest 7#a7 ,in general ,no member of the ,board1 member of a ,state advisory council1 or employee of a regional backup service center may participate in any decision1 action1 or recommendation with respect to any matter which directly benefits such member or employee or pertains specifically to any firm or organization with which such member or employee is then associated or has been associated within a period of two years4 7#b7 ,disclosure and recusal ,in the event of a conflict of interest described in paragraph 7#a71 the member of the ,board1 member of a ,state advisory council1 or employee of a regional backup service center who has a conflict shall disclose the interest that the member or employee has in the matter1 subject to applicable attorney-client privilege1 to the ,board1 and-- 7,a7 in the case of a member of a ,state advisory council1 to that council2 or 7,b7 in the case of an employee of a regional backup service center1 to that center4 7#c7 ,written policy ,the ,center shall adopt a written policy to ensure that paragraphs 7#a7 and 7#b7 are carried out4 7g7 ,state advisory councils 7#a7 ,in general2 appointment of members ,each ,state shall have a ,state advisory council composed of #i members1 appointed not later than #ij days after the first meeting of the ,board as follows3 7,a7 ,three members appointed by the ,chief ,justice of the highest court of the ,state4 7,b7 ,three members appointed by the ,united ,states ,senators for the ,state1 or in the case of a ,state that does not have ,senators1 appointed by the ,member of the ,united ,states ,house of ,representatives for that ,state4 7,c7 ,three members appointed by the chief executive of the ,state4 7#b7 ,failure to appoint ,if #ij days have elapsed without such an advisory council appointed pursuant to paragraph 7#a71 the ,board is authorized to appoint such a council1 or such remaining unappointed members of the council1 from among the individuals recommended by the ,state bar association4 7#c7 ,qualifications of members ,the members of the advisory council shall be subject to the qualifications under subsection 7b71 and shall be made from among recommendations made by the ,state bar association1 in collaboration with the ,access to ,justice ,initiative of the ,department of ,justice4 7#d7 ,terms2 vacancies ,the term of a member of a ,state advisory council shall be #d years4 ,a member may serve after the expiration of that member's term until a successor member takes office4 ,a vacancy on the council shall be filled in the manner described in paragraph 7#b74 7#e7 ,powers ,each ,state advisory council shall-- 7,a7 monitor1 receive1 and investigate complaints regarding the compliance of public defense systems in that ,state that receive funding under this ,act with the provisions of this ,act and applicable rules1 regulations1 and guidelines promulgated pursuant to this ,act2 7,b7 notify the ,center of any apparent violation of the provisions of this ,act and applicable rules1 regulations1 and guidelines promulgated pursuant to this ,act1 and furnish a copy of the notification to any recipient affected thereby1 and the ,center shall allow such recipient a reasonable time 7but in no case less than #cj days7 to reply to any allegation contained in the notification2 7,c7 collect information and data on the delivery of public defense services in that ,state2 and 7,d7 facilitate the sharing of information between public defense systems in that ,state4 7#f7 ,staff ,each ,state advisory council may appoint additional personnel as it considers appropriate in order to carry out paragraph 7#e77;,a74 7#g7 ,report ,beginning on the date that is one year after a ,state advisory council has its first meeting1 and annually thereafter1 a ,state advisory council shall submit to the ,center a report that includes-- 7,a7 an assessment on the provision of public defense services in that ,state2 and 7,b7 recommendations on actions that the ,center could take to-- 7i7 enhance compliance of public defense systems in that ,state that receive funding under this ,act with the provisions of this ,act and applicable rules1 regulations1 and guidelines promulgated pursuant to this ,act2 and 7ii7 improve the delivery of public defense services in that ,state4 7h7 ,open meetings2 applicability of ,government in the ,sunshine provisions ,all meetings of the ,board1 of any executive committee of the ,board1 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 #eeb;b of title #e1 ,united ,states ,code 7relating to open meetings74 7i7 ,quarterly meetings ,the ,board shall meet at least #d times during each calendar year4 #f4 ,officers and employees 7a7 ,executive ,director and other officers ,the ,board shall appoint the ,executive ,director of the ,center1 who shall be a member of the bar of the highest court of a ,state and shall be a nonvoting ex officio member of the ,board1 and such other officers as the ,board determines necessary4 ,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 employment by the ,center1 except as authorized by the ,board4 ,all officers shall serve at the pleasure of the ,board4 7b7 ,appointment and removal of employees ,the ,executive ,director of the ,center1 subject to general policies established by the ,board1 may appoint and remove such employees of the ,center as the ,executive ,director determines necessary to carry out the purposes of the ,center4 7c7 ,nonpartisan appointments ,no political test or political qualification shall be used in selecting1 appointing1 promoting1 or taking any other personnel action with respect to any officer1 agent1 or employee of the ,center or of any recipient1 or in selecting or monitoring any grantee1 contractor1 or person or entity receiving financial assistance under this title4 7d7 ,compensation ,officers and employees of the ,center shall be compensated at rates determined by the ,board1 but not in excess of the rate of level ,v of the ,executive ,schedule specified in section #ecaf of title #e1 ,united ,states ,code4 7e7 ,officers and employees not deemed officers and employees of ,federal ,government 7#a7 ,in general ,except as otherwise specifically provided in this ,act1 officers and employees of the ,center shall not be considered officers or employees1 and the ,center shall not be considered a department1 agency1 or instrumentality1 of the ,federal ,government4 7#b7 ,exceptions ,officers and employees of the ,center shall be considered officers and employees of the ,federal ,government for purposes of the following provisions of title #e1 ,united ,states ,code3 subchapter ,i of chapter #ha 7relating to compensation for work injuries72 chapter #hc 7relating to civil service retirement72 chapter #hg 7relating to life insurance72 and chapter #hi 7relating to health insurance74 ,the ,center shall make contributions at the same rates applicable to agencies of the ,federal ,government under the provisions referred to in this subsection4 7#c7 ,freedom of ,information ,the ,center and its officers and employees shall be subject to the provisions of section #eeb of title #e1 ,united ,states ,code 7relating to freedom of information74 7#d7 ,office of ,management and ,budget ,nothing in this ,act shall be construed as limiting the authority of the ,office of ,management and ,budget to review and submit comments upon the ,center's annual budget request at the time it is transmitted to the ,congress4 #g4 ,powers1 duties1 and limitations 7a7 ,powers of nonprofit corporation ,to the extent consistent with the provisions of this ,act1 the ,center shall exercise the powers conferred upon a nonprofit corporation by the ,district of ,columbia ,nonprofit ,corporation ,act 7except for section #ajje7o7 of title #bi of the ,district of ,columbia ,code74 7b7 ,grant and contract power ,the ,center is authorized-- 7#a7 for the purpose of providing public defense services to indigent defendants1 to provide financial assistance to and to make grants and contracts with individuals1 partnerships1 firms1 corporations1 nonprofit organizations1 public defense systems1 ,state governments1 and local governments2 and 7#b7 to make such other grants and contracts as are necessary to carry out the purposes and provisions of this ,act4 7c7 ,power ,to accept money and property ,the ,center is authorized to accept1 in the name of the ,center1 and employ or dispose of in furtherance of the purposes of this ,act1 any money or property1 real1 personal1 or mixed1 tangible or intangible1 received by gift1 devise1 bequest1 or otherwise4 7d7 ,other powers relating to the provision of public defense services ,the ,center is authorized to undertake directly1 or by grant or contract1 the following activities relating to the delivery of public defense services-- 7#a7 research2 7#b7 training and technical assistance2 and 7#c7 to serve as a clearinghouse for information4 7e7 ,disciplinary powers 7#a7 ,center ,the ,center shall have authority to ensure the compliance of recipients and their employees with the provisions of this ,act and the rules1 regulations1 and guidelines promulgated pursuant to this ,act1 and to terminate1 after a hearing in accordance with section #aa1 financial support to a recipient which fails to comply4 7#b7 ,recipient ,if a recipient finds that any of its employees has violated or caused the recipient to violate the provisions of this ,act1 or the rules1 regulations1 and guidelines promulgated pursuant to this ,act1 the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section #aa4 7f7 ,interference with professional responsibilities of attorneys prohibited ,the ,center shall not1 under any provision of this ,act1 interfere with any attorney in carrying out such attorney's professional responsibilities to such attorney's client as established in the ,american ,bar ,association ,model ,rules of ,professional ,conduct or abrogate as to attorneys in programs assisted under this ,act the authority of a ,state of other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction4 ,the ,center shall ensure that activities under this ,act are carried out in a manner consistent with attorneys' professional responsibilities4 7g7 ,bar member required ,no attorney shall receive any compensation1 either directly or indirectly1 for the provision of public defense services under this ,act unless such attorney is admitted or otherwise authorized by law1 rule1 or regulation to practice law or provide such assistance in the jurisdiction where such services are initiated4 7h7 ,languages other than ,english ,in areas where significant numbers of indigent defendants speak a language other than ,english as their principal language1 the ,center shall1 to the extent feasible1 provide that their principal language is used in the provision of public defense services to such defendants under this ,act4 7i7 ,miscellaneous prohibitions 7#a7 ,the ,center shall have no power to issue any shares of stock1 or to declare or pay any dividends4 7#b7 ,no part of the income or assets of the ,center shall inure to the benefit of any director1 officer1 or employee1 except as reasonable compensation for services or reimbursement for expenses4 7j7 ,political activities of ,center employees and staff attorneys 7#a7 ,employees of the ,center or of recipients shall not at any time intentionally identify the ,center or the recipient with any partisan or nonpartisan political activity associated with a political party or association1 or the campaign of any candidate for public or party office4 7#b7 ,employees of the ,center and staff attorneys shall be deemed to be ,state or local employees for purposes of chapter #ae of title #e1 except that no staff attorney may be a candidate in a partisan political election4 #h4 ,grants and ,contracts 7a7 ,center ,executive ,director authorized ,to make grants and enter into contracts ,the ,executive ,director of the ,center is authorized to make grants and enter into contracts under this ,act4 7b7 ,grants described 7#a7 ,in general ,the ,center shall make grants to ,state or local governments and public defense systems that supplement1 not supplant1 other available resources for the purpose of improving or establishing public defense systems4 7#b7 ,term ,the term of a grant under this section shall be #b or #c years1 as determined by the ,center4 7#c7 ,renewal ,a grant recipient under this ,act may renew such grant by submitting an application to the ,executive ,director of the ,center at such time1 in such manner1 and containing such information as the ,executive ,director may reasonably require1 including an assessment of such recipient's compliance with or progress toward achieving the quality standards that the ,center develops under subsection 7e74 7c7 ,program evaluation ,the ,center shall monitor and evaluate and provide for independent evaluations of programs supported in whole or in part under this ,act to ensure that the provisions of this ,act and the bylaws of the ,center and applicable rules1 regulations1 and guidelines promulgated pursuant to this ,act are carried out4 7d7 ,public notification ,not later than #cj days prior to the approval of any grant application or prior to entering into a contract or prior to the initiation of any other project1 the ,center shall announce publicly1 and shall notify the ,governor1 the ,state bar association of any ,state1 and the principal local bar associations 7if there be any7 of any community1 where public defense services will thereby be initiated1 of such grant1 contract1 or project4 ,notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations4 7e7 ,quality standards ,the ,center shall develop and make publicly available standards for the quality of public defense services1 which the ,center shall use to assess the success of a recipient in improving a public defense system4 7f7 ,online database ,the ,center shall establish and maintain a database that shall be publicly available online1 and shall include the contact information for all public defense systems in every ,state4 7g7 ,regional backup service 7#a7 ,in general ,the ,center shall establish regional backup service centers to assist public defense systems4 7#b7 ,services ,the services provided at such centers shall include-- 7,a7 providing attorneys engaged in public defense services with access to qualified investigators and sentencing mitigation specialists2 7,b7 providing information to public defense systems about grants that are available to them1 and providing assistance and guidance to public defense systems that apply for such grants2 and 7,c7 other services that the ,center determines are appropriate4 7#c7 ,locations ,the ,center shall determine the locations of the regional backup service centers1 and the geographic region that each center is responsible for serving4 7h7 ,requisites ,with respect to grants or contracts in connection with the provision of public defense services under this ,act1 the following shall apply3 7#a7 ,professional standards ,the ,center shall ensure the maintenance of the highest quality of service and professional standards1 the preservation of attorney-client relationships1 and the protection of the integrity of the adversary process from any impairment in furnishing public defense services4 7#b7 ,economical and effective delivery of public defense services ,the ,center shall ensure that grants and contracts are made so as to provide the most economical and effective delivery of public defense services to persons in both urban and rural areas4 7#c7 ,outside practice of law prohibited ,the ,center shall ensure that attorneys employed full time in public defense services activities supported in major part by the ,center refrain from-- 7,a7 any compensated outside practice of law2 and 7,b7 any uncompensated outside practice of law except as authorized in guidelines promulgate by the ,center4 7#d7 ,continuation of funding ,the ,center may provide interim funding necessary to maintain current level of activities for any grantee1 contractor1 or person or entity receiving financial assistance under this ,act that files with the ,center a timely application for refunding until-- 7,a7 the application for refunding has been approved and funds pursuant thereto received2 or 7,b7 the application for refunding has been denied in accordance with section #aa4 #i4 ,records and reports 7a7 ,authority ,to require reports ,the ,center is authorized to require such reports as it deems necessary from any grantee1 contractor1 person1 or entity receiving financial assistance under this ,act regarding activities carried out pursuant to this ,act4 7b7 ,authority ,to require recordkeeping2 access 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 compliance with the grant or contract or the terms and conditions upon which financial assistance was provided4 7c7 ,annual report to ,president and ,congress ,the ,center shall publish an annual report which shall be filed by the ,center with the ,president and the ,congress4 ,such report shall include-- 7#a7 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 services2 7#b7 a description of the services that the ,center provides and any recommendations for improving the quality of such services2 and 7#c7 a copy of each report from a ,state advisory council that the ,center has received for that year under section #e7;g77#f74 7d7 ,copies and retention of reports ,copies of all reports pertinent to the evaluation1 inspection1 or monitoring of any grantee1 contractor1 or person or entity receiving financial assistance under this ,act shall be submitted on a timely basis to such grantee1 contractor1 or person or entity1 and shall be maintained in the principal office of the ,center for a period of at least #e years subsequent to such evaluation1 inspection1 or monitoring4 ,such reports shall be available for public inspection during regular business hours1 and copies shall be furnished1 upon request1 to interested parties upon payment of such reasonable fees as the ,center may establish4 7e7 ,publication in ,federal ,register of rules1 regulations1 guidelines1 and instructions ,the ,center shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules1 regulations1 and guidelines1 and it shall publish in the ,federal ,register at least #cj days prior to their effective date all its rules1 regulations1 guidelines1 and instructions4 #aj4 ,audits 7a7 ,annual audit 7#a7 ,in general ,the accounts of the ,center shall be audited annually4 ,such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken4 7#b7 ,availability of records ,the audits shall be conducted at the place or places where the accounts of the ,center are normally kept4 ,all books1 accounts1 financial records1 reports1 files1 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 audits1 and full facilities for verifying transactions with the balances and securities held by depositories1 fiscal agents1 and custodians shall be afforded to any such person4 7#c7 ,audit report ,the report of the annual audit shall be filed with the ,government ,accountability ,office and shall be available for public inspection during business hours at the principal office of the ,center4 7b7 ,audit by ,government ,accountability ,office 7#a7 ,in general ,in addition to the annual audit1 the financial transactions of the ,center for any fiscal year during which ,federal funds are available 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 ,states4 7#b7 ,availability of ,records ,any such audit shall be conducted at the place or places where accounts of the ,center are normally kept4 ,the representatives of the ,government ,accountability ,office shall have access to all books1 accounts1 financial records1 reports1 files1 and other papers or property belonging to or in use by the ,center and necessary to facilitate the audit1 and full facilities for verifying transactions with the balances and securities held by depositories1 fiscal agents1 and custodians shall be afforded to such representatives4 ,all such books1 accounts1 financial records1 reports1 files1 and other papers 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 custody commences and ending three years after such date1 but the ,general ,accountability ,office may require the retention of such books1 accounts1 financial records1 reports1 files1 papers1 or property for a longer period under section #cebc7;c7 of title #ca1 ,united ,states ,code4 7#c7 ,audit report ,a report of such audit shall be made by the ,comptroller ,general to the ,congress and to the ,president1 together with such recommendations with respect thereto as the ,comptroller ,general shall deem advisable4 7c7 ,attorney-,client privilege ,notwithstanding the provisions of this section or of section #i1 neither the ,center nor the ,comptroller ,general shall have access to any reports or records subject to the attorney-client privilege4 #aa4 ,special limitations ,the ,center shall prescribe procedures that ensure that financial assistance under this ,act shall not be terminated 7except that funding may be temporarily suspended during an interim period during the processing and consideration of an application for refunding71 and an application for refunding shall not be denied1 unless the grantee1 contractor1 or person or entity receiving financial assistance under this ,act has been afforded reasonable notice and opportunity for a timely1 full1 and fair hearing1 and when requested1 such hearing shall be conducted by an independent hearing examiner4 ,such hearing shall be held prior to any final decision by the ,center to terminate financial assistance or suspend or deny funding4 ,hearing examiners shall be appointed by the ,center in accordance with procedures established in regulations promulgated by the ,center4 #ab4 ,coordination ,the ,president may direct that appropriate support functions of the ,federal ,government may be made available to the ,center in carrying out its activities under this ,act1 to the extent not inconsistent with other applicable law4 #ac4 ,,gao ,study ,on the date that is #d years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a study on-- 7#a7 the affect that the ,center has had on-- 7,a7 the provision of public defense services2 and 7,b7 the cost of the criminal justice system2 and 7#b7 the provision and the cost of providing public defense services for jurisdictions that do not receive assistance from the ,center4 #ad4 ,funds ,section #ejf of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgef7 is amended by inserting at the end the following3 7c7 ,of the total amount made available to carry out this subpart for a fiscal year1 the ,attorney ,general shall reserve not less than #aj percent to carry out the ,national ,center for the ,right to ,counsel ,act4 4