text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Clarence Gideon Full Access to 
  Justice Act'' or the ``Gideon Act''.
  
  SEC. 2. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY.
  
      (a) In General.--Chapter 201 of title 18, United States Code, is 
  amended by inserting after section 3006A the following:
  ``Sec. 3006B. Defender Office for Supreme Court Advocacy
      ``(a) Definitions.--In this section--
              ``(1) the term `Board' means the Board of Directors 
          established under subsection (d) for the Office;
              ``(2) the term `consult' includes, with respect to covered 
          cases--
                      ``(A) giving advice;
                      ``(B) drafting or editing briefs;
                      ``(C) providing assistance with moot courts; and
                      ``(D) organizing or coordinating the drafting, 
                  editing, and filing of amicus curiae briefs;
              ``(3) the term `covered case' means a noncapital case 
          involving an issue of Federal criminal statutory or 
          constitutional law;
              ``(4) the term `Director' means the Director of the Office 
          selected in accordance with subsection (e); and
              ``(5) the term `Office' means the Defender Office for 
          Supreme Court Advocacy established under subsection (b).
      ``(b) Establishment; Purposes.--There is established in the 
  District of Columbia a private nonmembership nonprofit corporation, 
  which shall be known as the Defender Office for Supreme Court Advocacy, 
  for the purpose of--
              ``(1) advocating on behalf of individuals in covered cases 
          before--
                      ``(A) the Supreme Court of the United States; and
                      ``(B) when resources permit, the highest court of a 
                  State; and
              ``(2) providing assistance to attorneys advocating on 
          behalf of individuals in covered cases described in paragraph 
          (1).
      ``(c) Principal Office.--The Office shall maintain its principal 
  office in the District of Columbia.
      ``(d) Board of Directors.--
              ``(1) In general.--The Office shall have a Board of 
          Directors consisting of 18 voting members--
                      ``(A) 6 of whom shall be Federal Public Defenders 
                  or Executive Directors of Community Defender 
                  Organizations described in section 3006A, elected by 
                  the Federal Public Defenders and the Executive 
                  Directors of Community Defender Organizations in each 
                  district;
                      ``(B) 6 of whom shall be attorneys from a panel 
                  described in section 3006A(b), elected by the panel 
                  attorney district representatives; and
                      ``(C) 6 of whom shall be State or local public 
                  defenders from geographically diverse States, who shall 
                  be elected by the individuals elected under 
                  subparagraphs (A) and (B) not later than 6 months after 
                  the date of the first meeting of the Board.
              ``(2) Staggered terms.--
                      ``(A) In general.--A member of the Board shall 
                  serve a term of 4 years, except that the first members 
                  elected to the Board under subparagraph (A) or (B) of 
                  paragraph (1) shall be divided into Class A and Class 
                  B.
                      ``(B) Classes.--Class A and Class B shall each 
                  consist of--
                              ``(i) 3 members elected under paragraph 
                          (1)(A); and
                              ``(ii) 3 members elected under paragraph 
                          (1)(B).
                      ``(C) Terms.--
                              ``(i) Initial terms.--For the initial 
                          members of the Board--
                                      ``(I) members of Class A shall 
                                  serve a term of 2 years;
                                      ``(II) members of Class B shall 
                                  serve a term of 4 years; and
                                      ``(III) members elected under 
                                  paragraph (1)(C) shall serve a term of 
                                  4 years.
                              ``(ii) Subsequent terms.--All subsequent 
                          terms shall be for a term of 4 years.
                      ``(D) Membership of each class.--The membership of 
                  each class shall be determined by the members of the 
                  Board at the first meeting of the Board of Directors.
                      ``(E) Vacancies.--Interim elections may be held to 
                  fill any vacancies.
              ``(3) Bylaws.--The Board shall establish bylaws to govern 
          the operations of the Office.
      ``(e) Director.--
              ``(1) In general.--The Board of Directors shall appoint a 
          Director for the Office.
              ``(2) Requirement.--The Director appointed under paragraph 
          (1) shall not be a member of the Board of Directors.
      ``(f) General Requirements for Director.--The Director shall be 
  learned and experienced in the law applicable to Federal criminal 
  appellate practice.
      ``(g) Functions of the Office.--
              ``(1) Grants of petitions for writs of certiorari in the 
          supreme court of the united states.--
                      ``(A) In general.--On the granting of a petition 
                  for a writ of certiorari by the Supreme Court of the 
                  United States in a covered case, the Office shall--
                              ``(i) consult with any counsel in a covered 
                          case in which the defendant was previously 
                          represented by counsel appointed under section 
                          3006A; and
                              ``(ii) when resources permit, be available 
                          to consult with counsel in any other covered 
                          case.
                      ``(B) Arguing case.--In any covered case, an 
                  attorney described in clause (i) or (ii) of 
                  subparagraph (A) may--
                              ``(i) advocate on behalf of an individual 
                          before the Supreme Court of the United States; 
                          or
                              ``(ii) permit the Office to advocate on 
                          behalf of an individual before the Supreme 
                          Court of the United States.
              ``(2) Filing of amicus curiae briefs.--The Office may file 
          an amicus curiae brief--
                      ``(A) in any covered case in the Supreme Court of 
                  the United States; and
                      ``(B) when resources permit, in a covered case in 
                  the highest courts of States.
              ``(3) Call for the views of the office; leave to 
          participate in oral argument.--In any covered case--
                      ``(A) upon request by the Supreme Court of the 
                  United States--
                              ``(i) the Office may provide the views of 
                          the Office on the covered case; and
                              ``(ii) an employee of the Office may 
                          participate in oral argument as amicus curiae; 
                          and
                      ``(B) upon request by the highest court of a State, 
                  and when resources permit--
                              ``(i) the Office may provide the views of 
                          the Office on the covered case; and
                              ``(ii) an employee of the Office may 
                          participate in oral argument as amicus curiae.
              ``(4) Monitoring court decisions and filing petitions for 
          certiorari.--The Office may--
                      ``(A) monitor issues in covered cases--
                              ``(i) on which the courts of appeals of the 
                          United States are divided; or
                              ``(ii) that involve significant Federal 
                          criminal statutory or constitutional issues; 
                          and
                      ``(B) draft, edit, and file a petition for 
                  certiorari in the Supreme Court of the United States on 
                  behalf of an individual seeking review by the Supreme 
                  Court of the United States of a covered case.
              ``(5) Training.--The Office may provide training to carry 
          out the purpose and functions of the Office.
              ``(6) Other functions.--In addition to the functions 
          described in paragraphs (1) through (5), the Director may 
          allocate any funds made available to the Office for any other 
          function that the Director determines is necessary to carry out 
          the purposes of the Office, including, when resources permit, 
          advocacy in a covered case before the highest court of a State.
      ``(h) Employees.--The Director, subject to general policies 
  established by the Office, has the authority to appoint and remove such 
  employees of the Office as the Director determines necessary to carry 
  out the purposes of the Office.''.
      (b) Technical and Conforming Amendment.--The table of sections for 
  chapter 201 of title 18, United States Code, is amended by inserting 
  after the item relating to section 3006A the following:
  
  ``3006B. Defender Office for Supreme Court Advocacy.''.
target: Clarence Gideon Full Access to Justice Act or the Gideon Act This bill amends the federal criminal code by establishing the Defender Office for Supreme Court Advocacy as a private, nonmembership, nonprofit corporation. It must advocate on behalf of individuals in noncapital cases involving an issue of federal criminal statutory law or constitutional law before: (1) the Supreme Court of the United States, and (2) the highest courts in the states when resources permit. The office may also provide assistance to attorneys advocating on behalf of those individuals.
feat_title: Gideon Act