,,ii #aahth ,,congress #b;d ,session ,s4 #eebf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjbd,mr4 ,welch introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish a ,federal ,public ,defender ,commission1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,public ,defense ,commission ,act of #bjbd4 #b4 ,provision of ,federal public defense 7a7 ,in general ,chapter #bja of title #ah1 ,united ,states ,code1 is amended by striking section #cjjf;,a and inserting the following3 #cjjf;,a4 ,appointment of ,counsel for financially eligible persons 7a7 ,eligibility ,any person who is financially unable to obtain adequate representation shall be provided representation in accordance with this section4 7b7 ,scope ,representation shall be provided by a ,federal ,public ,defender ,organization or attorneys selected from a panel of qualified attorneys as set forth in this section and shall include investigative1 expert1 and other services necessary for adequate representation4 7c7 ,mandatory appointment ,representation shall be provided for any financially qualified person who-- 7#a7 is charged in ,federal court with a felony or a ,class ,a misdemeanor2 7#b7 is a juvenile alleged to have committed an act of juvenile delinquency1 as defined in section #ejca2 7#c7 is charged with a violation of probation or supervised release1 or faces a modification1 reduction1 or enlargement of a condition of probation or supervised release1 or faces an extension or revocation of a term of probation or supervised release2 7#d7 is under arrest1 when such representation is required by law2 7#e7 is subject to a mental condition hearing under chapter #cac2 7#f7 is in custody as a material witness2 7#g7 faces loss of liberty in a case2 7#h7 is entitled to the appointment of counsel under section #daji2 7#i7 is entitled to the appointment of counsel under section #ceii2 7#aj7 is appealing or responding to an appeal1 including a bail appeal1 interlocutory appeal1 petition for rehearing1 petition for en banc1 or petition for certiorari2 or 7#aa7 is otherwise entitled to appointment of counsel under the ,sixth ,amendment to the ,constitution of the ,united ,states4 7d7 ,nonmandatory appointment ,representation may be provided for any financially qualified person who-- 7#a7 is charged with a ,class ,b or ,c misdemeanor1 or an infraction for which a sentence to confinement is authorized2 7#b7 is seeking relief in non-capital cases under section #bbda1 #bbed1 or #bbee of title #bh2 7#c7 is seeking clemency in non-capital cases1 including a pardon1 commutation of sentence1 remission of fine or restitution1 or a reprieve2 7#d7 is charged with civil or criminal contempt2 7#e7 may be a witness before a grand jury1 a court1 or other ,federal tribunal which has the power to compel testimony and where there is reason to believe1 either prior to or during testimony1 that the witness could be subject to a criminal prosecution1 a civil or criminal contempt proceeding1 or face loss of liberty2 7#f7 has been proposed by the ,united ,states attorney for processing under a pretrial diversion program1 or is facing cancellation of a diversion agreement2 7#g7 is being held for international extradition under chapter #bji2 7#h7 may be eligible for a reduced or modified sentence2 or 7#i7 otherwise deserves appointment of counsel for purposes of protection against criminal liability or loss of liberty4 7e7 ,procedures 7#a7 ,in general ,when a ,united ,states attorney1 magistrate judge1 or other court official becomes aware that a person may meet the criteria set forth in subsection 7c7 or 7d7 of this section for the appointment of counsel1 they shall notify the ,federal ,public ,defender for their district and advise the person of the right to be represented by counsel and that counsel will be appointed if such person is financially unable to obtain counsel4 ,the ,united ,states attorneys1 judiciary1 and other court officials shall cooperate and communicate with the ,federal ,public ,defender in the appropriate judicial district to ensure that counsel is timely provided in all qualified cases4 7#b7 ,appointment of counsel ,unless the person has retained counsel or knowingly and voluntarily waives representation by counsel1 the court shall determine the person's financial eligibility for appointed counsel at the initial appearance in court or at the request of the ,federal ,public ,defender4 ,upon such determination that the person financially qualifies for appointed counsel1 the court shall direct the ,federal ,public ,defender for their district to appoint counsel in accordance with the provisions of this section4 ,such appointment may be made retroactive to include any representation furnished prior to appointment4 ,the ,federal ,public ,defender shall appoint separate counsel for all qualified persons having interests that cannot properly be represented by the same counsel1 or when other good cause is shown4 ,if at any stage of the proceedings1 the court determines that a person has become financially unable to pay counsel who the person had retained1 the court shall direct the ,federal ,public ,defender to provide counsel consistent with the provisions of this section4 7#c7 ,termination of counsel ,if at any time after the appointment of counsel1 the court finds that the person represented is financially able to obtain counsel1 the court may terminate the appointment of counsel as the interests of justice may dictate4 7#d7 ,substitute counsel ,in the interests of justice or at the direction of the court1 a ,federal ,public ,defender may provide substitute counsel to financially qualified persons at any stage of the proceedings4 7#e7 ,duration ,a person for whom counsel is appointed shall be represented at every stage of the proceedings continuing through appeal1 including ancillary matters appropriate to the proceedings4 7#f7 ,motion for adequate counsel ,if the ,federal ,public ,defender does not appoint counsel1 terminates counsel1 substitutes counsel1 or denies resources necessary to the defense contrary to the person's constitutional rights1 the person may raise the issue with the court by ex parte motion4 ,if the court grants the request1 the court shall direct the ,federal ,public ,defender for their district to appoint counsel or provide resources4 7#g7 ,standby counsel ,if the court finds a person has knowingly and voluntarily waived the right to representation by counsel1 the court may direct the ,federal ,public ,defender for their district to appoint standby counsel or otherwise provide resources in accordance with the court's order4 7f7 ,appeal ,a person for whom counsel is appointed under this section may appeal to an appellate court or petition for writ of certiorari without prepayment of fees and costs or security therefore and without filing the affidavit required by section #aiae7;a7 of title #bh4 7g7 ,federal ,public ,defense ,commission2 purpose2 establishment2 governance 7#a7 ,establishment ,there is established an independent commission within the ,judicial ,branch of the ,united ,states called the ,federal ,public ,defense ,commission for the purpose of providing high-quality criminal defense services to all financially qualified persons4 7#b7 ,purposes ,the purposes of the ,commission are to-- 7,a7 provide effective1 competent1 and conflict-free representation to all financially qualified persons2 7,b7 ensure the efficacy and fairness of the ,federal criminal legal system2 and 7,c7 advise and educate the ,executive1 ,legislative1 and ,judicial ,branches about the effects of actual and proposed executive1 judicial1 and legislative policies on persons impacted by the ,federal criminal legal system4 7#c7 ,commission structure ,the ,commission shall be governed by the ,executive ,board that is advised by the ,advisory ,board4 ,the ,commission shall further be advised by ,circuit ,boards which implement the ,commission's work in each ,federal judicial circuit4 7#d7 ,executive board2 composition2 appointment2 qualifications 7,a7 ,composition ,the ,executive ,board shall consist of-- 7i7 #g voting members appointed pursuant to this section2 7ii7 the ,defender and ,panel ,representative ,chairs and ,vice ,chairs of the ,advisory ,board established pursuant to this section who shall be ex-officio voting members2 and 7iii7 the ,executive ,director of the ,commission who shall be an ex-officio nonvoting member4 7,b7 ,appointed members 7i7 ,initial appointment 7,i7 ,in general ,not later than #a year after the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd1 the ,chief ,justice of the ,united ,states shall appoint the #g non-partisan appointed members from among a list of #ab nominees submitted by the existing ,defender ,services ,advisory ,group within the ,administrative ,office of the ,united ,states ,courts4 ,the ,chief ,justice may designate the ,defender ,services ,advisory ,group to appoint the initial appointed members of the ,executive ,board4 ,if the ,chief ,justice fails to make the appointments within #a year1 the ,defender ,services ,advisory ,group shall appoint the #g appointed members4 7,,ii7 ,list ,the ,defender ,services ,advisory ,group shall provide a list of #ab nominees to the ,chief ,justice not later than #ahj days after the date of the enactment of the ,federal ,public ,defense ,commission ,act of #bjbd4 7ii7 ,chair and vice chair2 initial appointment ,at the same time as the initial appointments1 the ,chief ,justice1 or the ,defender ,services ,advisory ,group if the ,chief ,justice fails to make the appointments1 shall designate #a appointed member as ,chair and #a as ,vice ,chair4 ,the ,chair and ,vice ,chair are subject to removal by the ,chief ,justice of the ,united ,states1 after consulting with the ,judicial ,conference4 7iii7 ,vacancies and subsequent appointments ,as vacancies arise among the appointed members1 the ,chief ,justice shall within #ij days of each vacancy make an appointment from a list of #e nominees submitted by the ,advisory ,board4 ,if the ,chief ,justice does not make an appointment within #ij days of vacancy1 the ,executive ,board shall fill the vacancy by making an appointment1 by a majority vote1 from the list of #e nominees submitted by the ,advisory ,board to the ,chief ,justice4 7iv7 ,term of office ,the #g appointed members shall be appointed for #f-year terms1 except that the initial terms of the first appointed members shall be staggered so that the ,chair and ,vice ,chair serve terms of #f years1 #c appointed members serve terms of #d years1 and #b appointed members serve terms of #b years4 7v7 ,qualifications ,to be eligible for appointment to the ,executive ,board1 any appointed member must have devoted a substantial portion of their law practice or professional career to the representation of individuals charged with or convicted of crimes for at least the #e-year period prior to their appointment4 ,no member of the ,board1 at the time of membership1 may be any of the following3 7,i7 ,an employee of a ,federal ,public ,defender ,office or ,community ,defender ,organization4 7,,ii7 ,a panel attorney4 7,,iii7 ,a judge or employee of any court4 7,,iv7 ,a prosecutor1 an employee of a prosecutor's office1 or anyone who has held such position during a #e-year period prior to appointment4 7,v7 ,a law enforcement officer or an employee of a law enforcement agency or anyone who has held such position during a #e-year period prior to appointment4 7,,vi7 ,an employee of the ,commission4 7vi7 ,restriction on terms ,no appointed member of the ,board may serve more than #b full #f-year terms4 7,c7 ,meetings ,the ,executive ,board and ,advisory ,board will meet in joint session at least twice a year in person and as often as needed in the interim4 7,d7 ,membership and terms of other members ,the ,defender and ,panel ,representative ,chairs and ,vice ,chairs of the ,advisory ,board shall serve as ex-officio voting members of the ,executive ,board throughout their terms once elected by the ,advisory ,board4 ,the ,executive ,director of the ,commission shall serve as an ex-officio1 nonvoting member of the ,executive ,board while serving as ,executive ,director4 7,e7 ,removal of members ,any member of the ,executive ,board may1 for malfeasance in office1 persistent neglect of or inability to discharge duties1 or conviction for an offense involving moral turpitude1 be removed by a vote of the majority of the ,executive ,board4 7,f7 ,quorum ,seven members of the ,executive ,board shall constitute a quorum for the purpose of transacting business4 7#e7 ,advisory board2 composition and appointment 7,a7 ,composition ,the ,advisory ,board shall consist of a ,federal ,public ,defender and a ,panel ,representative from each ,federal judicial circuit4 ,once convened1 the ,advisory ,board shall elect a ,defender ,chair1 ,defender ,vice ,chair1 a ,panel ,representative ,chair1 and ,panel ,representative ,vice ,chair4 ,the ,chairs and ,vice ,chairs shall serve as voting ex-officio members of the ,executive ,board4 7,b7 ,initial appointment ,at a time of their own election1 but no later than #a year after the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd1 the then-current members of the ,defender ,services ,advisory ,group shall become the initial ,advisory ,board4 ,not later than #a year after the date of enactment of this ,act1 defender representatives and panel representatives for the ,first ,circuit1 ,second ,circuit1 and ,district of ,columbia ,circuit shall be elected pursuant to subparagraph 7,c74 7,c7 ,vacancies ,if a vacancy arises that was previously occupied by a ,federal ,public ,defender1 that position shall be filled by a majority vote of the ,federal ,public ,defenders from that circuit4 ,if a vacancy arises that was previously occupied by a ,panel ,representative1 that position shall be filled by a majority vote of the panel attorneys from that circuit4 7,d7 ,term of office ,members of the ,advisory ,board shall serve #c-year terms4 ,members may serve no more than #b consecutive terms4 ,previous terms served on the ,defender ,services ,advisory ,group shall not be treated as terms on the ,advisory ,board for this purpose4 ,there shall be no limit on the number of non-consecutive terms4 7,e7 ,removal ,if a ,federal ,public ,defender or ,panel ,representative is no longer employed a ,federal ,public ,defender or no longer serves as a panel attorney in their ,federal judicial circuit1 they shall be removed from the ,advisory ,board4 ,any member of the ,advisory ,board may1 for malfeasance in office1 persistent neglect of or inability to discharge duties1 or conviction of an offense involving moral turpitude1 be removed by a vote of the majority of the ,advisory ,board4 7#f7 ,circuit boards2 composition2 appointment2 qualifications 7,a7 ,composition ,each ,federal judicial circuit shall have a ,circuit ,board4 ,membership of each ,circuit ,board shall consist of #a representative from each district in the judicial circuit or1 where a ,federal ,public ,defender is appointed for #b or more districts1 #a representative from those districts4 ,the ,advisory ,board ,federal ,public ,defender and ,panel ,representative for a corresponding circuit shall be ex-officio voting members of their ,circuit ,board4 ,once convened1 each ,circuit ,board shall elect a ,chair and a ,vice ,chair4 ,the ,circuit ,board for the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have #e members4 7,b7 ,initial appointment ,not later than #a year after enactment of the ,federal ,public ,defense ,commission ,act of #bjbd1 the ,executive ,board shall appoint initial ,circuit ,boards for each ,federal judicial circuit from a list of at least #c nominees for each judicial district submitted by that judicial circuit's ,federal ,public ,defenders and ,panel ,representative4 7,c7 ,vacancies ,as vacancies arise on each ,circuit ,board1 each vacancy shall be filled by the remaining members1 who shall by majority vote select a new member from a list of at least #c nominees submitted by that ,federal judicial circuit's ,federal ,public ,defenders and ,panel ,representative4 7,d7 ,term of office ,members of a ,circuit ,board shall serve #c-year terms4 ,no member shall serve more than #b consecutive terms4 ,there shall be no limit on the number of non-consecutive terms4 7,e7 ,qualifications 7i7 ,in general ,to be eligible for appointment to a ,circuit ,board1 a candidate must have devoted a substantial portion of their law practice or professional career to the representation of individuals charged with or convicted of crimes for at least the #e-year period prior to their candidacy1 and they must exhibit a commitment to upholding the mission of public defense4 7ii7 ,eligibility ,at the time of membership1 no ,circuit ,board non-ex-officio member may be any of the following3 7,i7 ,an employee of a ,federal ,public ,defender ,office or ,community ,defender ,organization4 7,,ii7 ,a judge or employee of any court4 7,,iii7 ,a prosecutor1 an employee of a prosecutor's office1 or anyone who has held such position during a #e-year period prior to appointment4 7,,iv7 ,a law enforcement officer or an employee of a law enforcement agency or anyone who has held such position during a #e-year period prior to appointment4 7,v7 ,an employee of the ,commission4 7,f7 ,removal ,any member of any ,circuit ,board may1 for malfeasance in office1 persistent neglect of or inability to discharge duties1 or conviction of an offense involving moral turpitude1 be removed by a vote of the majority of that ,circuit ,board4 7h7 ,compensation and reimbursement of board members 7#a7 ,executive board 7,a7 ,chair and vice chair2 rates of pay ,the ,chair and ,vice ,chair of the ,executive ,board shall be full-time employees and compensated at the same rate as judges of the courts of appeals of the ,united ,states4 7,b7 ,other appointed members2 rates of pay ,other appointed members shall hold part-time positions and shall be paid at the daily rate at which judges of the courts of appeals of the ,united ,states are compensated4 ,no appointed member1 except the ,chair and ,vice ,chair1 shall be paid for more than #ij days in any calendar year4 7,c7 ,travel expenses ,each member of the ,executive ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e4 7#b7 ,advisory ,board 7,a7 ,rates of pay ,members of the ,advisory ,board who are also employees of the ,commission shall serve without additional compensation4 ,members of the ,advisory ,board who are also panel attorneys shall be paid at the daily rate at which judges of the courts of appeals of the ,united ,states are compensated4 ,no member shall be paid for more than #cj days in any calendar year4 7,b7 ,travel expenses ,each member of the ,advisory ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e4 7#c7 ,circuit boards 7,a7 ,rates of pay ,except for those who are also members of the ,advisory ,board1 members of the ,circuit ,boards shall hold part-time positions and shall be paid at the daily rate at which judges of the courts of appeals of the ,united ,states are compensated4 ,no member shall be paid for more than #ij days in any calendar year4 7,b7 ,travel expenses ,each member of a ,circuit ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e4 7i7 ,powers of ,boards 7#a7 ,executive ,board2 powers ,the ,executive ,board may1 by vote of a majority of the members present and voting-- 7,a7 submit to ,congress1 in consultation with the ,executive ,director1 requests for appropriations for the provision of indigent defender services in the ,federal criminal justice system and direct use of funds made available to the ,commission2 7,b7 devise and conduct training programs for those persons engaged in the fields of ,federal criminal defense2 7,c7 utilize1 with their cooperation1 the services1 equipment1 personnel1 information1 and facilities of other ,federal1 ,state1 local1 and private agencies and instrumentalities with or without compensation therefor2 7,d7 procure for the ,commission temporary or intermittent services to the same extent as authorized by section #caji7;b7 of title #e2 7,e7 without regard to section #ccbd of title #ca1 enter into and perform such contracts1 leases1 cooperative agreements1 and other transactions as may be necessary to conduct the functions of the ,commission with any public agency1 or with any person1 firm1 association1 corporation1 educational institution1 or nonprofit organization2 7,f7 accept and employ1 in carrying out the duties of the ,commission1 voluntary and uncompensated services1 notwithstanding the provisions of section #acdb of title #ca1 except that individuals providing such services shall not be considered ,federal employees except for purposes of chapter #ha of title #e with respect to job-incurred disability and title #bh with respect to tort claims2 7,g7 request such information1 data1 and reports from any ,federal agency or judicial officer as the ,commission may from time to time require and as may be produced consistent with other law2 7,h7 remove a ,federal ,public ,defender upon recommendation by a ,circuit ,board2 7,i7 retain private attorneys to provide advice to the ,commission in the conduct of its work1 or to appear for or represent the ,commission in any case or controversy in which it is a party or otherwise has a legal interest2 and 7,j7 delegate any powers in this subsection to the ,executive ,director or the ,circuit ,boards4 7#b7 ,advisory ,board2 powers ,the ,advisory ,board may consult with1 advise1 and obtain information from the ,executive ,board1 the ,executive ,director1 and the ,circuit ,boards concerning the administration of ,federal public defense1 including any aspect or exercise of the powers or duties of the ,executive ,board4 7#c7 ,circuit ,boards2 powers ,each ,circuit ,board1 by an affirmative vote of a majority of its members1 may-- 7,a7 adopt or revise the circuit plan for appointing appellate counsel consistent with the provisions of this section2 7,b7 direct any ,federal ,public ,defender of any district within the circuit to revise that district's plan for appointing counsel consistent with the provisions of this section2 and 7,c7 hire staff as necessary to exercise its powers and discharge its duties1 subject to staffing levels and budgets set by the ,executive ,board4 7#d7 ,coordination with ,administrative ,office ,upon request of the ,executive ,board or their designees1 the ,administrative ,office of the ,united ,states ,courts is authorized and directed to make its services1 equipment1 personnel1 facilities1 and information available to the greatest practicable extent to the ,commission in the execution of its functions4 7j7 ,duties of boards 7#a7 ,executive ,board2 duties 7,a7 ,in general ,the ,executive ,board-- 7i7 shall1 by vote of a majority of the members present and voting-- 7,i7 promulgate and distribute bylaws governing the operation of the ,executive ,board1 which may include provisions authorizing other officers of the ,executive ,board and governing proxy voting1 remote meetings1 and the appointment of committees or advisory groups2 7,,ii7 establish and maintain a ,federal ,public ,defender ,office for each ,federal judicial district2 7,,iii7 appoint and fix the salary and duties of the ,executive ,director2 7,,iv7 appoint and fix the duties of a ,federal ,public ,defender2 7,v7 establish and maintain standards for the provisions of indigent defense services2 7,,vi7 approve staffing levels and budgets for ,federal ,public ,defender ,offices1 the ,executive ,director's ,office1 the ,commission1 and ,circuit ,boards2 7,,vii7 establish1 in consultation with ,circuit ,boards1 compensation rates for panel attorneys providing representation under this section to cover reasonable expenses and a fair hourly wage based on locality2 7,,viii7 establish procedures to obtain and reimburse investigators1 experts1 and other providers of defense services necessary for adequate representation of financially qualified persons2 and 7,,ix7 consult with the ,advisory ,board1 ,executive ,director1 and ,circuit ,boards as appropriate in exercising its powers and discharging its duties2 and 7ii7 may establish a single ,federal ,public ,defender ,office to serve #b or more adjacent ,federal judicial districts or parts of ,federal judicial districts4 7,b7 ,current offices ,a ,federal ,public ,defender ,office or ,community ,defender ,office that is in existence on the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd-- 7i7 shall be considered established for purposes of this subsection2 and 7ii7 may continue to function as a ,federal ,public ,defender ,office or ,community ,defender ,office1 subject to subsection 7d77#a7 of this ,act4 7#b7 ,advisory board2 duties ,the ,advisory ,board1 by an affirmative vote of the majority of its members1 shall-- 7,a7 elect a ,defender ,chair and ,vice ,chair from among its members who are ,federal ,public ,defenders and elect a ,panel ,representative ,chair and ,vice ,chair from among its members who are ,panel ,representatives and are delegated to serve as ex-officio voting members of the ,executive ,board2 7,b7 promulgate and distribute bylaws governing the operation of the ,advisory ,board1 which may include provisions authorizing other officers of the ,advisory ,board and governing proxy voting1 remote meetings1 and the appointment of committees or advisory groups2 and 7,c7 submit nominees for appointment to the ,executive ,board in accordance with this section4 7#c7 ,circuit boards2 duties ,each ,circuit ,board1 by an affirmative vote of a majority of its members1 shall-- 7,a7 promulgate and distribute bylaws governing the operation of the ,circuit ,board1 which may include provisions authorizing officers of the ,circuit ,board and governing proxy voting1 remote meetings1 and the appointment of committees or advisory groups2 7,b7 nominate a ,federal ,public ,defender for each district1 or #b or more districts when combined into a single ,federal ,public ,defender ,office1 within the circuit for appointment by the ,executive ,board2 7,c7 recommend to the ,executive ,board the removal of any ,federal ,public ,defender in any district within that circuit for malfeasance in office1 persistent neglect or inability to discharge duties1 or conviction of an offense involving moral turpitude2 7,d7 establish procedures for compensation of panel attorneys within the circuit appointed under this section2 7,e7 establish procedures through which panel attorneys within the circuit can appeal decisions denying or reducing claims for payment and reimbursement2 7,f7 establish procedures for selection1 appointment1 and compensation of appellate panel attorneys2 7,g7 establish procedures for appointing panel attorneys to that circuit's appellate panel2 and 7,h7 establish procedures for reviewing claims for payment and reimbursement submitted by that circuit's appellate panel attorneys4 7k7 ,executive ,director of the ,federal ,public ,defense ,commission 7#a7 ,appointment and removal ,the ,executive ,director of the ,commission shall be appointed by and serve at the pleasure of the ,executive ,board4 7#b7 ,qualifications ,the ,executive ,director for the ,commission shall be experienced in public defense and the representation of indigent persons charged with ,federal crimes1 be a member of the highest bar of any ,state1 and shall not1 at the time of their appointment or during their term of service1 be an appointed member of the ,board4 7#c7 ,executive ,director2 duties ,the ,executive ,director shall-- 7,a7 employ1 without regard to the provisions of title #e governing appointments in the competitive service1 attorneys and other personnel in such number consistent with the staffing levels set by the ,executive ,board2 7,b7 supervise the activities of persons employed by the ,executive ,director's ,office2 and 7,c7 perform such other duties as assigned by the ,executive ,board4 7l7 ,employees of the ,federal ,public ,defense ,commission 7#a7 ,in general ,federal ,public ,defenders1 employees of ,federal ,public ,defender ,offices1 the ,executive ,director1 employees of the ,executive ,director's ,office1 and employees of ,circuit ,boards shall be treated as employees of the ,commission4 7#b7 ,federal employees ,employees of the ,commission shall be treated as employees of the ,federal ,government solely for purposes of any of the following provisions of title #e3 7,a7 ,chapter #de4 7,b7 ,chapter #fc4 7,c7 ,subchapter #a of chapter #ha4 7,d7 ,chapter #hc4 7,e7 ,chapter #hd4 7,f7 ,chapter #he4 7,g7 ,chapter #hg4 7,h7 ,chapter #hi4 7,i7 ,subchapter ,,vi of ,chapter #ee4 7#c7 ,compensation 7,a7 ,executive director ,the compensation of ,executive ,director shall be equal to the rate of basic pay payable to level ,,iv of the ,executive ,schedule under section #ecae of title #e and shall receive locality pay except that the total financial compensation for the ,executive ,director may not exceed ,level ,i of the ,executive ,schedule4 7,b7 ,federal public defenders ,the compensation of each ,federal ,public ,defender shall be set by the ,executive ,board and may not exceed the rate of basic pay payable to level ,,iv of the ,executive ,schedule under section #ecae of title #e and shall receive locality pay except that the total financial compensation for a ,federal ,public ,defender may not exceed ,level ,i of the ,executive ,schedule4 7,c7 ,other commission employees ,the ,executive ,board shall establish procedures for fixing the compensation for other ,commission employees1 not to exceed the rate of basic pay payable to level ,,ii of the ,executive ,schedule under section #ecae of title #e4 ,compensation for employees of the ,executive ,director's ,office may not exceed that of the ,executive ,director4 ,compensation for employees of ,federal ,public ,defender ,offices may not exceed that of the ,federal ,public ,defender for their district or districts4 7#d7 ,contributions ,the ,commission shall make contributions under the provisions referred to in paragraph 7#b7 at the same rates applicable to agencies of the ,federal ,government4 7#e7 ,thrift ,savings ,plan 7,,tsp7 ,employees of the ,commission may make an election under section #hcea or section #hdcb of title #e to participate in the ,thrift ,savings ,plan for ,federal employees4 7#f7 ,outside practice of law prohibited ,no full-time employee of the ,commission may engage in the outside practice of law4 7#g7 ,malpractice and negligence suits ,the ,commission shall1 to the extent the ,commission considers appropriate1 provide representation for and hold harmless1 or provide liability insurance for1 any person who is an officer or employee of the ,commission for money damages for injury1 loss of liberty1 loss of property1 or personal injury or death arising from malpractice or negligence of any such officer or employee in furnishing representational services under this section1 while acting within the scope of that person's office or employment4 7m7 ,federal ,public ,defender ,offices and ,federal ,public ,defenders 7#a7 ,establishment ,no later than #a year after the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd1 the ,commission shall establish a ,federal ,public ,defender ,office in each ,federal judicial district4 ,notwithstanding the preceding sentence1 the ,commission may establish a single ,federal public defender office to serve #b or more adjacent districts or parts of districts4 ,in the event that adjacent districts or parts of districts are located in different circuits1 the plan for furnishing representation shall be approved by the ,executive ,board1 with the advice of the ,advisory ,board4 ,a ,federal ,public ,defender ,office or ,community ,defender ,office that is in existence on the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd shall be considered established for purposes of subsection and may continue to function4 7#b7 ,federal public defenders ,each ,federal ,public ,defender ,office shall be headed by a ,federal ,public ,defender appointed in accordance with this section4 ,a ,federal ,public ,defender or ,executive ,director of a ,community ,defender ,organization who was appointed before the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd will continue to serve in that capacity unless removed in accordance with this section4 7#c7 ,federal ,public ,defender2 powers ,each ,federal ,public ,defender may-- 7,a7 employ1 without regard to the provisions of title #e governing appointments in the competitive service1 attorneys and other personnel in such number consistent with the staffing levels set by the ,executive ,board2 7,b7 without regard to section #ccbd of title #ca1 enter into and perform such contracts1 leases1 cooperative agreements1 and other transactions as may be necessary to discharge the duties of the ,federal ,public ,defender ,office with any public agency1 or with any person1 firm1 association1 corporation1 educational institution1 or nonprofit organization1 subject to approval by the ,executive ,director2 7,c7 accept and employ1 in carrying out the duties of the ,federal ,public ,defender ,office1 voluntary and uncompensated services1 notwithstanding the provisions of section #acdb of title #ca1 except that individuals providing such services shall not be considered ,federal employees except for purposes of chapter #ha of title #e with respect to job-incurred disability and title #bh with respect to tort claims2 7,d7 devise and conduct seminars1 workshops1 and training programs of instruction in criminal defense and post-conviction law and techniques for persons engaged in the fields of ,federal criminal defense and post-conviction law in the district or districts served by the ,federal ,public ,defender ,office2 and 7,e7 serve on any advisory board1 working group1 council1 or other professional or governmental committee addressing issues related to criminal defense1 penal or correctional policy1 or the provision of indigent criminal defense services4 7#d7 ,federal ,public ,defender2 duties 7,a7 ,in general ,each ,federal ,public ,defender is responsible for providing and appointing qualified1 competent1 conflict-free counsel in accordance with this section4 ,not later than #a year after the date of enactment of the ,federal ,public ,defense ,commission ,act of #bjbd1 each ,federal ,public ,defender shall prepare a plan to provide for the appointment of such counsel for the district or districts served by their ,federal ,public ,defender ,office4 ,at minimum1 the plan shall-- 7i7 ensure that each person eligible for appointment of counsel is appointed qualified1 competent1 and conflict-free counsel who has access to the resources and services necessary to provide high-quality representation to that person2 7ii7 appoint qualified counsel to assist the district's or districts' panel attorneys and coordinate the appointment of qualified1 competent1 and conflict-free counsel2 7iii7 establish procedures for appointing qualified trial attorneys within their district or districts2 and 7iv7 ensure that panel attorneys shall be appointed in an appropriate portion of cases in accordance with the district's plan4 7,b7 ,procedures ,each ,federal ,public ,defender shall develop procedures to ensure that private counsel for any person who is financially unable to obtain services other than counsel necessary for adequate representation may request from the ,federal ,public ,defender a determination of financial eligibility4 ,upon a judicial finding that the person is financially unable to obtain such services1 the ,federal ,public ,defender shall authorize payment for such services4 7n7 ,annual and comprehensive reports 7#a7 ,executive ,board ,the ,executive ,board shall-- 7,a7 submit to ,congress1 the ,president1 and the ,judicial ,conference of the ,united ,states an annual report regarding the operation of the ,commission pursuant to this title and the delivery of ,federal criminal defense services pursuant to this section2 and 7,b7 submit to ,congress1 the ,president1 and the ,judicial ,conference of the ,united ,states a report every #g years containing a comprehensive review and evaluation of the implementation of the operation of the ,commission1 including whether further structural changes are appropriate1 pursuant to this title and the delivery of ,federal criminal defense services pursuant to this section4 7#b7 ,circuit ,boards ,each ,circuit ,board shall submit to the ,executive ,board an annual report regarding the operation of the ,circuit ,board and the delivery of ,federal criminal defense services in that circuit and each judicial district within the circuit4 7o7 ,definitions ,in this section3 7#a7 ,advisory ,board ,the term ,advisory ,board means ,federal ,public ,defense ,advisory ,board4 7#b7 ,appointed member ,the term appointed member means a member of the ,executive ,board who is not the ,defender or the ,panel ,representative ,chair or ,vice ,chair of the ,advisory ,board1 or the ,executive ,director of the ,federal ,public ,defense ,commission4 7#c7 ,commission ,the term ,commission means ,federal ,public ,defense ,commission4 7#d7 ,circuit ,board ,the term ,circuit ,board means the ,circuit ,federal ,public ,defense ,board in each judicial circuit4 7#e7 ,executive ,board ,the term ,executive ,board means ,federal ,public ,defense ,executive ,board of ,directors4 7#f7 ,federal ,public ,defender ,the term ,federal ,public ,defender-- 7,a7 means the individual appointed by the ,commission to oversee the districts2 and 7,b7 includes ,executive ,directors of ,community ,defender ,offices4 7#g7 ,financially qualified person ,the term financially qualified person means an individual who qualifies for representation under this section4 7#h7 ,panel attorney ,the term panel attorney means a private attorney authorized by the ,commission to represent individuals pursuant to the provisions of this section4 7#i7 ,panel representative ,the term panel representative means a panel attorney selected to serve on the ,defender ,services ,advisory ,board4 4 7b7 ,membership on committees and conferences 7#a7 ,in general ,the ,chief ,justice of the ,supreme ,court of the ,united ,states may add the ,executive ,director of the ,federal ,public ,defense ,commission1 or their designee1 to any advisory committees of the ,judicial ,conference of the ,united ,states4 7#b7 ,circuit judicial councils ,each judicial circuit may include #a or more ,federal ,public ,defenders or ,panel ,representatives for judicial districts located within the circuit on any judicial council of the circuit4 7#c7 ,united ,states ,sentencing ,commission ,section #iia7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in the first sentence1 by striking one nonvoting member and inserting two nonvoting members2 and 7,b7 by striking the fifth sentence and inserting the following3 ,the ,attorney ,general1 or the ,attorney ,general's designee1 and the ,defender ,chair of the ,advisory ,board of the ,federal ,public ,defense ,commission or their designee1 shall be ex-officio1 nonvoting members of the ,commission44 7c7 ,technical and conforming amendment ,the table of sections for chapter #bja of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #cjjf;,a and inserting the following3 #cjjf;,a4 ,appointment of ,counsel for financially eligible persons4 4 7d7 ,transition and miscellaneous provisions 7#a7 ,federal ,public ,defender ,offices 7,a7 ,in general ,notwithstanding any other provision of law1 a ,federal ,public ,defender organization or ,community ,defender ,organization in existence1 before the date of enactment of this ,act1 shall continue in operation4 ,the ,federal ,public ,defender1 ,executive ,director1 or other head of each organization in office on the date of enactment of the ,act1 may continue to serve in that capacity unless removed pursuant to section #cjjf;,a of title #ah1 ,united ,states ,code4 7,b7 ,existing community defender organizations ,an existing ,community ,defender ,organization may petition in writing to become a ,federal ,public ,defender ,office for its district1 subject to approval by the ,executive ,board4 ,not later than #e years after the date of enactment of this ,act1 all existing ,community ,defender ,organizations must become a ,federal ,public ,defender ,office4 ,the ,commission may expend necessary funds and other necessary assistance1 including grants previously administered by the ,administrative ,office of the ,united ,states ,courts1 for ,community ,defender ,organizations to continue their function and to become ,federal ,public ,defender ,offices4 7,c7 ,retirement ,any period of service of an employee of an existing ,community ,defender ,organization that becomes a ,federal ,public ,defender ,office under subparagraph 7,b7 shall be deemed creditable service for purposes of section #hccb or #hdaa of title #e1 ,united ,states ,code1 and service under section #hije7;b77#a77;,a7 of that title4 7,d7 ,annual and sick leave ,the annual and sick leave to the credit of an employee of an existing ,community ,defender ,organization that becomes a ,federal ,public ,defender ,office shall be transferred to the employee's credit under the ,federal ,public ,defender ,office4 7#b7 ,responsibility of ,administrative ,office of the ,united ,states ,courts to ensure orderly transition ,after the date of enactment of this ,act1 the ,administrative ,office of the ,united ,states ,courts shall take every step within its power to ensure that the ,federal ,public ,defense ,commission is established and to provide for an orderly transition of all defender services functions to the ,commission4 ,the ,administrative ,office is authorized and directed to expend funds from the defender services account1 and other authorized funds1 to facilitate the establishment of the ,commission and the orderly transition of all defender services functions to the ,commission4 ,the ,administrative ,office is directed to provide structure and continued services as needed for the ,commission to fulfill its purposes4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission1 out of money in the ,treasury not otherwise appropriated1 sums necessary to carry out the provisions of this ,act1 including funds for the establishment of the ,federal ,public ,defense ,commission1 the transition from the ,administrative ,office of the ,united ,states ,courts to the ,commission1 the ongoing operation of the ,commission1 and continuing education and training of persons providing defense services under this section4 ,when so specified in appropriation ,acts1 such appropriations shall remain available until expended4 ,payments from such appropriations shall be made under the supervision of the ,executive ,director of the ,commission4 7#d7 ,applicability in the ,district of ,columbia ,the provisions of this section shall apply in the ,united ,states ,district ,court for the ,district of ,columbia and the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit and territories of the ,united ,states4 ,the provisions of this section shall not apply to the ,superior ,court of the ,district of ,columbia and the ,district of ,columbia ,court of ,appeals4 7#e7 ,counsel for financially unable defendants ,section #ceii of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking subsections 7b71 7c71 7d71 7f71 and 7g72 7,b7 by redesignating subsection 7e7 as subsection 7c72 and 7,c7 by striking subsection 7a7 and inserting the following3 7a7 ,notwithstanding any other provision of law to the contrary1 in every criminal action in which a defendant is charged with a crime which may be punishable by death1 a defendant who is or becomes financially unable to obtain adequate representation or investigative1 expert1 or other reasonably necessary services at any time either-- 7#a7 before judgment2 or 7#b7 after the entry of a judgment imposing a sentence of death but before the execution of that judgment2 shall be entitled to the appointment of one or more qualified capital attorneys and the furnishing of such other services in accordance with section #cjjf;,a4 7b7 ,in any post conviction proceeding under section #bbed or #bbee of title #bh seeking to vacate or set aside a death sentence1 any defendant who is or becomes financially unable to obtain adequate representation or investigative1 expert1 or other reasonably necessary services shall be entitled to the appointment of one or more attorneys and the furnishing of such other services in accordance with section #cjjf;,a4 4