An Act to amend section 3006A of title 18, United States Code, relating to representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the United States
PL 91-447 (S.1461), enacted 10/14/1970

916 
PUBLIC LAW 91-447-OCT. 14, 1970 
[84 STAT. 
October 14, 1970 
[S.1461] 
U. S. courts. 
Defendant repre-
sentation. 
78 Stat. 552. 
62 Stat. 684. 
Representation 
on appeal. 
Public Law 91-447 
AN ACT 
To amend section 3006A of title 18, United States Code, relating to representation 
of defendants who are financially unable to obtain an adequate defense in 
criminal cases in the courts of the United States. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
SECTION 1. That (a) subsections (a)-(f) of section 3006A of title 18, 
United States Code, are amended to read as follows: 
"(a) CHOICE OF PLAN.—Each United States district court, with the 
approval of the judicial council of the circuit, shall place in operation 
throughout the district a plan for furnishing representation for any 
person financially unable to obtain adequate representation (1) who 
is charged with a felony or misdemeanor (other than a petty offense 
as defined in section 1 of this title) or with juvenile delinquency by the 
commission of an act which, if committed by an adult, would be such a 
felony or misdemeanor or with a violation of probation, (2) who is 
under arrest, when such representation is required by law, (3) who is 
subject to revocation of parole, in custody as a material witness, or 
seeking collateral relief, as provided in subsection (g), or, (4) for 
whom the Sixth Amendment to the Constitution requires the appoint-
ment of counsel or for whom, in a case in which he faces loss of liherty, 
any Federal law requires the appointment of counsel. Representation 
under each plan shall include counsel and investigative, expert, and 
other services necessary for an adequate defense. Each plan shall 
include a provision for private attorneys. The plan may include, in 
addition to a provision for private attorneys in a substantial propor-
tion of cases, either of the following or both: 
(1) attorneys furnished by a bar association or a legal aid 
agency; or 
(2) attorneys furnished by a defender organization established 
in accordance with the provisions of subsection (h). 
Prior to approving the plan for a district, the judicial council of the 
circuit shall supplement the plan with provisions for representation on 
appeal. The district court may modify the plan at any time with the 
approval of the judicial council of the circuit. It shall modify the plan 
when directed by the judicial council of the circuit. The district court 
shall notify the Administrative Office of the United States Courts of 
any modification of its plan. 
"(b) APPOINTMENT OF COUNSEL.—Counsel furnishing representa-
tion under the plan shall be selected from a panel of attorneys desig-
nated or approved by the court, or from a bar association, legal aid 
agency, or defender organization furnishing representation pursuant 
to the plan. In every criminal case in which the defendant is charged 
with a felony or a misdemeanor (other than a petty offense as defined 
in section 1 of this title) or with juvenile delinquency by the commis-
sion of an act which, if committed by an adult, would be such a f elciy 
or misdemeanor or with a violation of probation and appears without 
counsel, the United States magistrate or the court shall advise the de-
fendant that he has the right to be represented by co^ isel and that 
counsel will be appointed to represent nim if he is 
fir 
i. 'W unpl^^ 
to obtain counsel. Unless the defendant waives represej. .;. 
sel, the United States magistrate or the court, if satisfied atier u,pi 
priate inquiry that the defendant is financially unable to obtain counsel, 
shall appoint counsel to represent him. Such appointment may be made 
retroactive to include any representation furnished pursuant to the 
plan prior to appointment. The United States magistrate or the court 
84 STAT. ] 
PUBLIC LAW 91-447-OCT. 14, 1970 
^^^ 
sliall appoint separate counsel for defendants having interests that 
cannot properly be represented by the same counsel, or when other 
good cause is shown. 
"(c) DURATION AND SUBSTITUTION or APPOINTMENTS.—A person for 
whom counsel is appointed shall be represented at every stage of the 
proceedings from his initial appearance before the United States 
magistrate or the court through appeal, including ancillary matters 
appropriate to the proceedings. If at any time after the appointment 
of counsel the United States magistrate or the court finds that the 
person is financially able to obtain counsel or to make partial payment 
for the representation, it may terminate the appointment of counsel 
or authorize payment as provided in subsection (f), as the interests 
of justice may dictate. If at any stage of the proceedings, including 
an appeal, the United States magistrate or the court finds that the 
person is financially unable to pay counsel whom he had retained, it 
may appoint counsel as provided in subsection (b) and authorize 
payment as provided in subsection (d), as the interests of justice may 
dictate. The United States magistrate or the court may, in the interests 
of justice, substitute one appointed counsel for another at any stage 
of the proceedings. 
"(d) PAYMENT FOR REPRESENTATION.— 
"(1) HOURLY RATE.—Any attorney appointed pursuant to this sec-
tion or a bar association or legal aid agency or community defender 
organization which has provided the appointed attorney shall, at the 
conclusion of the representation or any segment thereof, be compen-
sated at a rate not exceeding $30 per hour for time expended in court 
or before a United States magistrate and $20 per hour for time rea-
sonably expended out of court, or such other hourly rate, fixed by the 
Judicial Council of the Circuit, not to exceed the minimum hourly 
scale established by a bar association for similar services rendered in 
the district. Such attorney shall be reimbursed for expenses reason-
ably incurred, including the costs of transcripts authorized by the 
L^nited States magistrate or the court. 
" (2) MAXIMUM AMOUNTS.—For representation of a defendant be-
fore the United States magistrate or the district court, or both, the 
compensation to be paid to an attorney or to a bar association or legal 
aid agency or community defender organization shall not exceed $1,000 
for each attorney in a case in which one or more felonies are charged, 
and $400 for each attorney in a case in which only misdemeanors are 
charged. For representation of a defendant in an appellate court, the 
compensation to be paid to an attorney or to a bar association or legal 
aid agency or community defender organization shall not exceed $1,000 
for each attorney in each court. For representation in connection with 
a post-trial motion made after the entry of judgment or in a probation 
revocation proceeding or for representation provided under subsection 
(g) the compensation shall not exceed $250 for each attorney in each 
proceeding in each court. 
"(3) WAIVING MAXIMUM AMOUNTS.—Payment in excess of any 
maximum amount provided in paragraph (2) of this subsection may 
be made for extended or complex representation whenever the court in 
which the representation was rendered, or the United States magistrate 
if the representation was furnished exclusively before him, certifies 
that the amount of the excess payment is necessary to provide fair 
compensation and the payment is approved by the chief judge of the 
circuit. 
"(4) FILING CLAIMS.—A separate claim for compensation and reim-
bursement shall be made to the district court for representation before 
the United States magistrate and the court, and to each appellate court 
918 
PUBLIC LAW 91-447-OCT. 14, 1970 
[84 STAT. 
statement. 
befoFe wliich tlie attorney represented the defendant. Each claim shall 
be supported by a sworn written statement specifying the time ex-
pended, services rendered, and expenses incurred w^hile the case was 
pending before the United States magistrate and the court, and the 
compensation and reimbursement applied for or received in the same 
case from any other source. The court shall fix the compensation and 
reimbursement to be paid to the attorney or to the bar association or 
legal aid agency or community defender organization which provided 
the appointed attorney. In cases where representation is furnished 
exclusively before a United States magistrate, the claim shall be sub-
mitted to him and he shall fix the compensation and reimbursement to 
be paid. In cases where representation is furnished other than before 
the United States magistrate, the district court, or an appellate court, 
claims shall be submitted to the district court which shall fix the 
compensation and reimbursement to be paid. 
"(5) NEW TRIALS.—For purposes of compensation and other pay-
ments authorized by this section, an order by a court granting a new 
trial shall be deemed to initiate a new* case. 
"(6) 
PROCEEDINGS BEFORE APPELLATE COURTS.—If a jjerson for 
whom counsel is appointed under this section appeals to an appellate 
court or petitions for a writ of certiorari, he may do so without pre-
payment of fees and costs or security therefor and w ithout filing the 
73"tau 590?' 
'affidavit required by section 1915(a) of title 28. 
"(e) SERVICES OTHER THAN COUNSEL.— 
"(1) 
UPON REQUEST.—Counsel for a person who is 
financially 
unable to obtain investigative, expert, or other services necessary for 
an adequate defense may request them in an ex parte application. Upon 
finding, after appropriate inquiry in an ex parte proceeding, that 
the services are necessary and that the person is financially unable 
to obtain them, the court, or the ITnited States magistrate if the serv-
ices are required in connection with a matter over which he has juris-
diction, shall authorize counsel to obtain the services. 
"(2) WITHOUT PRIOR REQUEST.—Counsel appointed under this sec-
tion may obtain, subject to later review, investigative, expert, or other 
services w ithout prior authorization if necessary for an adequate de-
cost limitation, fgnsc. Tlic total cost of services obtained w^ithout prior authorization 
may not exceed $150 and expenses reasonably incurred. 
"(3) MAXIMUM AMOUNTS.—Compensation to be paid to a person 
for services rendered by him to a person under this subsection, or to 
be paid to an organization for services rendered by an employee 
thereof, shall not exceed $300, exclusive of reimbursement for expenses 
reasonably incurred, unless payment in excess of that limit is certified 
by the court, or by the United States magistrate if the services were 
rendered in connection with a case disposed of entirely before him, 
as necessary to provide fair compensation for services of an unusual 
character or duration, and the amount of the excess payment is 
approved by the chief judge of the circuit. 
"(f) RECEIPT OF OTHER PAYMENTS.—Whenever the United States 
magistrate or the court finds that funds are available for payment 
from or on behalf of a person furnished representation, it may author-
ize or direct that such funds be paid to the appointed attorney, to the 
bar association or legal aid agency or community defender organiza-
tion which provided the appointed attorney, to any person or organi-
zation authorized pursuant to subsection (e) to render investigative, 
expert, or other services, or to the court for deposit in the Treasury 
as a reimbursement to the appropriation, current at the time of pay-
ment, to carry out the provisions of this section. Except as so author-
ized or directed, no such person or organization may request or accept 
any payment or promise of payment for representing a defendant." 
84 STAT. ] 
PUBLIC LAW 91-447-OCT. 14, 1970 
919 
(b) Subsections (g), (h), and (i) of such section are redesignated as 
^^ ^^^^-^^^'^ 
subsections (i), (j), and (k), respectively, and the following new sub-
sections (g) and (h) are inserted before subsection (i) as redesignated 
by this subsection: 
"(g) DISCRETIONARY APPOINTMENTS.—Any person subject to revoca-
tion of parole, in custody as a material witness, or seeking relief under 
section 2241, 2254, or 2255 of title 28 or section 4245 of title 18 may be ^^2 stat. 964; 
furnished representation pursuant to the plan whenever the United go stat'. 311'. iios. 
States magistrate or the court determines that the interests of justice 
63 stat. 687. 
so require and such person is financially unable to obtain representa-
tion. Payment for such representation may be as provided in subsec-
tions (d) and (e). 
"(h) 
DEFENDER ORGANIZATION.— 
"(1) QUALIFICATIONS.—A district or a part of a district in which 
at least two hundred persons annually require the appointment of 
counsel may establish a defender organization as provided for either 
under subparagraphs (A) or (B) of paragraph (2) of this subsection 
or both. Two adjacent districts or parts of districts may aggregate the 
number of persons re(j[uired to be represented to establish eligibility 
for a defender organization to serve both areas. In the event that 
adjacent districts or parts of districts are located in different circuits, 
the plan for furnishing representation shall be approved by the judi-
cial council of each circuit. 
"(2) 
TYPES or DEFENDER ORGANIZATIONS.— 
"(A) FEDERAL PUBLIC DEFENDER ORGANIZATION.—A Federal Pub-
lic Defender Organization shall consist of one or more full-time sal-
aried attorneys. An organization for a district or part of a district or 
two adjacent districts or parts of districts shall be supervised by a 
Federal Public Defender appointed by the judicial council of the cir-
cuit, without regard to the provisions of title 5 governing appointments 
so stat. 378. 
in the competitive service, after considering recommendations from the 
"" 
district court or courts to be served. Nothing containeid herein shall be 
deemed to authorize more than one Federal Public Defender within 
a single judicial district. The Federal Public Defender shall be ap-
pointed for a term of four years, unless sooner removed by the ju!dicial 
council of the circuit for incompetency, misconduct in office, or neglect 
of duty. The compensation of the Federal Public Defender shall be 
fixed by the judicial council of the circuit at a rate not to exceed the com-
pensation received by the United States attorney for the district where 
representation is furnished or, if two districts or parts of districts are 
involved, the compensation of the higher paid United States attorney of 
the districts. The Federal Public Defender may appoint, without 
regard to the provisions of title 5 governing appointments in the com-
petitive service, full-time attorneys in such number as may be approved 
by the Judicial Council of the Circuit and other personnel in such num-
ber as may be approved by the Director of the Administrative Office of 
the United States Courts. Compensation paid to such attorneys and 
other personnel of the organization shall be fixed by the Federal Public 
Defender at a rate not to exceed that paid to attorneys and other person-
nel of similar qualifications and experience in the Office of the United 
States attorney in the district where representation is furnished or, if 
two districts or parts of districts are involved, the higher compensation 
S
aid to persons of similar c[ualifications and experience in the districts, 
either the Federal Public Defender nor any attorney so appointed 
by him may engage in the private practice of law. Each organization 
shall submit to the Director of the Administrative Office of the United 
States Courts, at the time and in the form j>rescribed by him, reports 
of its activities and financial position and its proposed budget. The 
Director of the Administrative Office shall submit, similarly as under 
47-348 O - 72 - 62 (Pt. 1) 
5 u s e 
101 
et 
seq. 
920 
PUBLIC LAW 91-448-OCT. 14, 1970 
[84 STAT. 
62 Stat. 915; 
70 Stat. 1026; 
75 Stat. 521. 
Effective data 
title 28, United States Code, section (505, and subject to the conditions 
of that section, a budget for each organization for each fiscal year and 
shall out of the appropriations therefor make payments to and on 
behalf of each organization. Payments under this subparagraph to an 
organization shall be in lieu of payments under subsection (d) or (e). 
"(B) 
GoMMUNrrY 
DEFENDER 
ORGAXIZATION.—A 
Community 
Defender Organization shall be a nonprofit defense counsel service 
established and administered by any group authorized by the plan to 
provide representation. The organization shall be eligible to furnish 
attorneys and receive paj^ments under this section if its bylaws are set 
forth in the plan of the district or districts in which it will serve. Each 
organization shall submit to the Judicial (Conference of the United 
States an annual report setting forth its activities and financial posi-
tion and the anticipated caseload and expenses for the coming year. 
Upon application an organization may, to the extent approved by the 
Judicial Conference of the United States: 
"(i) receive an initial grant for expenses necessary to establish 
the organization; and 
"(ii) in lieu of payments under subsection (d) or (e), receive 
periodic sustaining grants to provide representation and other 
expenses pureuant to this section." 
(c) A new subsection (1) is added as follows: 
"(1) APPLICABILITT IN THE DISTRICT OF COLUMBIA.—The provisions 
of this Act, other than subsection (h) of section 1, shall be applicable 
in the District of Columbia. The plan of the District of Columbia shall 
be approved jointly by the Judicial Council of the District of Colum-
bia Circuit aiid the District of Columbia Court of Appeals." 
SEC. 2. A United States commissioner for a district may exercise any 
power, function, or duty authorized to be performed by a United States 
magistrate under the amendments made by section 1 of this Act if such 
commissioner liad authority to perform such power, function, or duty 
prior to the enactment of such amendments. 
SEO. 3. The amendments made by section 1 of this Act shall become 
effective one hundred and twenty days after the date of enactment. 
Approved October 14, 1970. 
October 14, 1970 
[H. R. 14485] 
Public Law 91-448 
AN ACT 
To amend sections 501 and 504 of title 18, United States Code, so as to strengthen 
the law relating to the counterfeiting of postage meter stamps or other 
improper uses of the metered mail system. 
U.S. postage 
meter stamps. 
Counterfeiting, 
prohibition. 
62 Stat. 713; 
Ante, p. 777. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assernbled^ That (a) notwith-
standing the amendment made to section 501 of title 18, United States 
Code, such section is amended to read as follows: 
*
^
§ 501. Postage stamps, postage meter stamps, and postal cards 
"Whoever forges or counterfeits any postage stamp, postage meter 
stamp, or any stamp printed upon any stamped envelope, or postal 
card, or any die, plate, or engraving thereof; or 
"Whoever makes or prints, or knowingly uses or sells, or possesses 
with intent to use or sell, any such forged or counterfeited postage 
stamp, postage meter stamp, stamped envelope, postal card, die, plate, 
or engraving; or