Criminal Justice Act Revision of 1986
PL 99-651 (H.R.3004), enacted 11/14/1986

100 STAT. 3642 
PUBLIC LAW 99-651—NOV. 14, 1986 
Public Law 99-651 . ... ;,,..,. ... 
99th Congress 
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Nov 14 1986 
'^° amend section 3006A of title 18, United States Code, to improve the delivery of 
legal services in the criminal justice system to those persons financially unable to 
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obtain adequate representation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Courts, U.S. 
United States of America in Congress assembled, 
CriminalJustice 
TITLE I—CRIMINAL JUSTICE ACT REVISION 
Act Revision of 
5,, 
>
, 
18USC3006A 
SEC. 101. SHORT TITLE. 
note- 
This title may be referred to as the "Criminal Justice Act Revision 
,, ,, 
of 1986". 
- V , , , , 
. 
SEC. 102. AMENDMENTS TO TITLE 18. UNITED STATES CODE. 
(a) IN GENERAL.—Section 3006A of title 18, United States Code, is 
amended as follows: 
(1) Subsection (a) is amended by striking out "(1) who is" and 
all that follows through "subsection (h)." and inserting in lieu 
thereof the following: "in accordance with this section. Rep-
resentation under each plan shall include counsel and investi-
gative, expert, and other services necessary for adequate 
representation. Each plan shall provide the following: 
"(1) Representation shall be provided for any 
financially 
eligible person who— 
"(A) is charged with a felony or a misdemeanor (other 
than a petty offense as defined in section 1 of this title); 
"(B) is a juvenile alleged to have committed an act of 
18 use 5031. 
juvenile delinquency as defined in section 5031 of this title; 
"(C) is charged with a violation of probation; 
"(D) is under arrest, when such representation is required 
by law; 
"(E) is entitled to appointment of counsel in parole 
18 use 4201 
proceedings under chapter 311 of this title; 
et seq. 
"(F) is subject to a mental condition hearing under chap-
18 use 4241 
ter 313 of this title; 
^* *^9- 
"(G) is in custody as a material witness; 
"(H) is entitled to appointment of counsel under the sixth 
amendment to the Constitution; or 
"(I) faces loss of liberty in a case, and Federal law re-
quires the appointment of counsel. 
"(2) Whenever the United States magistrate or the court 
determines that the interests of justice so require, representa-
tion may be provided for any financially eligible person who— 
"(A) is charged with a petty offense for which a sentence 
to confinement is authorized; or 
"(B) is seeking relief under section 2241. 2254, or 2255 of 
title 28. 
A: 
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titr 
PUBLIC LAW 99-651—NOV. 14, 1986 
100 STAT. 3643 
"(3) Private attorneys shall be appointed in a substantial 
proportion of the cases. Each plan may include, in addition to 
the provisions for private attorneys, either of the following or 
both: 
"(A) Attorneys furnished by a bar association or a legal 
aid agency. 
"(B) Attorneys furnished by a defender organization 
established in accordance with the provisions of subsection 
• 
(g).". 
(2) Subsection (b) is amended— 
(A) in the second sentence— 
(i) by striking out "In every criminal case" and all 
that follows through "violation of probation and" and 
inserting in lieu thereof "In every case in which a 
person entitled to representation under a plan ap-
proved under subsection (a)"; and 
(ii) by striking out "defendant" and inserting in lieu 
thereof "person'; 
(B) in the third sentence by striking out "defendant" each 
place it appears and inserting in lieu thereof "person"; and 
(C) in the fifth sentence by striking out "defendants" and 
inserting in lieu thereof "persons". 
(3)(A) Subsection (d)(1) is amended by striking out "court. 
Such attorney" and inserting in lieu thereof "court, unless the 
Judicial Conference determines that a higher rate of not in 
excess of $75 per hour is justified for a circuit or for particular 
districts within a circuit, for time expended in court or before a 
United States magistrate and for time expended out of court. 
The Judicial Conference shall develop guidelines for determin- Regulations, 
ing the maximum hourly rates for each circuit in accordance 
with the preceding sentence, with variations by district, where 
appropriate, taking into account such factors as the minimum 
range of the prevailing hourly rates for qualified attorneys in 
the district in which the representation is provided and the 
recommendations of the judicial councils of the circuits. Not less 
than 3 years after the effective date of the Criminal Justice Act 
Revision of 1986, the Judicial Conference is authorized to raise 
the maximum hourly rates specified in this paragraph up to the 
aggregate of the overall average percentages of the adjustments 
in the rates of pay under the General Schedule made pursuant 
to section 5305 of title 5 on or after such effective date. After the 
rates are raised under the preceding sentence, such maximum 
hourly rates may be raised at intervals of not less than 1 year 
each, up to the aggregate of the overall average percentages of 
such adjustments made since the last raise was made under this 
paragraph. Attorneys". 
rfjumnl 
(B) Subsection (d)(2) is amended— 
(i) in the first sentence— 
(I) by striking out "$2,000" and inserting in lieu 
thereof "$3,500"; and 
(II) by striking out "$800" and inserting in lieu 
thereof "$1,000"; 
(ii) in the second sentence by striking out "$2,000" and 
inserting in lieu thereof "$2,500"; and 
(iii) by striking out the third sentence and inserting in 
lieu thereof the following: "For any other representation 
required or authorized by this section, the compensation 
100 STAT. 3644 
PUBLIC LAW 99-651—NOV. 14, 1986 
shall not exceed $750 for each attorney in each proceed-
iy; 
ing.". 
io 
(C) Subsection (dX3) is amended by adding at the end thereof 
the following: "The chief judge of the circuit may delegate such 
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approval authority to an active circuit judge.". 
(D) Subsection (dX4) is amended in the first sentence by 
striking out "represented the defendant" and inserting in lieu 
thereof "provided representation to the person involved '. 
(4XA) Subsection (eXD is amended in the first sentence by 
striking out "an adequate defense" and inserting in lieu thereof 
"adequate representation". 
* 
(B) Subsection (eX2) is amended to read as follows: 
"(2) WITHOUT PRIOR REQUEST.—(A) Counsel appointed under this 
section may obtain, subject to later review, investigative, expert, and 
other services without prior authorization if necessary for adequate 
representation. Except as provided in subparagraph (B) of this 
paragraph, the total cost of services obtained without prior 
authorization may not exceed $300 and expenses reasonably 
incurred. 
"(B) The court, or the United States magistrate (if the services 
were rendered in a case disposed of entirely before the United States 
magistrate), may, in the interest of justice, and upon the finding 
that timely procurement of necessary services could not await prior 
authorization, approve payment for such services after they have 
been obtained, even if the cost of such services exceeds $300.". 
(CXi) Subsection (eX3) is amended by striking out "$300" and 
inserting in lieu thereof "$1,000". 
(ii) Subsection (eX3) is amended by adding at the end thereof 
?£.'.;:iu.;i>»r 
the following: "The chief judge of the circuit may delegate such 
approval authority to an active circuit judge.". 
(5XAXi) Subsection (hX2)(A) is amended by striking out "simi-
larly as under title 28, United States Code, section 605, and 
subject to the conditions of that section" and inserting in lieu 
thereof "in accordance with section 605 of title 28". 
(ii) Subsection (hX2XA) is amended by inserting after the 
fourth sentence the following: "Upon the expiration of his term, 
a Federal Public Defender may, by a majority vote of the judges 
of the court of appeals, continue to perform the duties of his 
? 
office until his successor is appointed, or until one year after the 
expiration of such Defender's term, whichever is earlier.". 
(B) Subsection (hX2XB) is amended in the third sentence by 
striking out "coming" and inserting in lieu thereof "next 
fiscal". 
(C) Subsection (h) is further amended by adding at the end 
thereof the following: 
Insurance. 
"(3) MALPRACTICE AND NEGLIGENCE SuiTS.—The Director of the 
Administrative Office of the United States Courts shall, to the 
extent the Director considers appropriate, provide representation 
tor and hold harmless, or provide liability insurance for, any person 
who is an officer or employee of a Federal Public Defender Organiza-
tion established under this subsection, or a Community Defender 
Organization established under this subsection which is receiving 
f 
periodic sustaining grants, for money damages for injury, loss of 
liberty, loss of property, or personal injury or death arising from 
I 
malpractice or negligence of any such officer or employee in furnish-
i 
ing representational services under this section while acting within 
the scope of that person's office or employment.". 
PUBLIC LAW 99-651-NOV. 14,1986 
100 STAT. 3645 
(6) Subsection (j) is amended by inserting immediately before 
the period at the end of the first sentence the following: ", 
including funds for the continuing education and training of 
persons providing representational services under this section". 
(7) Subsection (1) is amended— 
(A) by striking out ", other than subsection (h) of section 
1,"; and 
(B) by striking out "Act" each place it appears and 
inserting in lieu thereof "section". 
(b) ADDITIONAL AMENDMENTS.—(1) Section 3006A of title 18, 
United States Code, is further amended by striking out subsection 
(g) and redesignating subsections (h) through (1) as subsections (g) 
through (k), respectively. 
(2) Subsection (j), as redesignated by paragraph (1), is amended to 
read as follows: 
"(j) DISTRICTS INCLUDED.—As used in this section, the term 'dis-
trict court' means each district court of the United States created by 
chapter 5 of title 28, the District Court of the Virgin Islands, the 
District Court for the Northern Mariana Islands, and the District 
Court of Guam.". 
SEC. 103. TECHNICAL AMENDMENTS. 
Section 223(e) of the Comprehensive Crime Control Act of 1984 
(Public Law 98-473; 98 Stat. 2028) is amended to read as follows: 
"(e) Section 3006A(a) is amended— 
"(1) in paragraph (1)(A) by striking out 'misdemeanor (other 
than a petty offense as defined in section 1 of this title)' and 
inserting in lieu thereof 'Class A misdemeanor'; 
"(2) in paragraph (1) by striking out subparagraph (E) and 
redesignating subpar^raphs (F) through (I) as subparagraphs 
(E) through (H), respectively; and 
"(3) in paragraph (2)(A) by striking out 'petty offense' and 
inserting in lieu thereof 'Class B or C misdemeanor, or an 
infraction'.". 
SEC. 104. WITNESS FEES. 
Section 1825 of title 28, United States Code, is amended to read as 
follows: 
"§ 1825. Payment of fees 
"(a) In any case in which the United States or an officer or agency 
of the United States is a party, the United States marshal for the 
district shall pay all fees of witnesses on the certificate of the United 
States attorney or assistant United States attorney, and in the 
proceedings before a United States magistrate, on the certificate of 
such magistrate, except that any fees of defense witnesses, other 
than experts, appearing pursuant to subpoenas issued upon 
approval of the court, shall be paid by the United States marshal for 
the district— 
"(1) on the certificate of a Federal public defender or assistant 
Federal public defender, in a criminal case in which the defend 
ant is represented by such Federal public defender or assistant 
Federal public defender, and 
"(2) on the certificate of the clerk of the court upon the 
affidavit of such witnesses' attendance given by other counsel 
appointed pursuant to section 3006A of title 18, in a criminal 
case in which a defendant is represented by such other counsel. 
Virgin Islands. 
Northern 
Mariana 
Islands. 
Guam. 
28 u s e 81 et seq. 
18 use 3006A. 
.affittsiO 
100 STAT. 3646 
PUBLIC LAW 99-651—NOV. 14, 1986 
28 use 2255. 
18 use 3006A 
note. 
eiaims. 
"(b) In proceedings in forma pauperis for a writ of habeas corpus, 
and in proceedings in forma pauperis under section 2255 of this title, 
the United States marshal for the district shall pay, on the certifi-
cate of the district judge, all fees of witnesses for the party 
authorized to proceed in forma pauperis, except that any fees of 
witnesses for such party, other than experts, appearing pursuant to 
subpoenas issued upon approval of the court, shall be paid by the 
United States marshal for the district— 
"(1) on the certificate of a Federal public defender or assistant 
I 
Federal public defender, in any such proceedings in which a 
party is represented by such Federal public defender or assist-
ant Federal public defender, and 
"(2) on the certificate of the clerk of the court upon the 
0 
affidavit of such witnesses' attendance given by other counsel 
appointed pursuant to section 3006A of title 18, in any such 
proceedings in which a party is represented by such other 
counsel. 
"(c) Fees and mileage need not be tendered to a witness upon 
service of a subpoena issued on behalf of the United States or an 
officer or agency of the United States, upon service of a subpoena 
issued on behalf of a defendant represented by a Federal public 
defender, assistant Federal public defender, or other attorney 
appointed pursuant to section 3006A of title 18, or upon service of a 
subpoena issued on behalf of a party authorized to proceed in forma 
pauperis, if the payment of such fees and mileage is to be made by 
the United States marshal under this section.". 
SEC. 105. EFFECTIVE DATE. 
This title and the amendments made by this title shall take effect 
one hundred and twenty days after the date of enactment of this 
Act. The maximum hourly rates provided in section 3006A(d)(l) of 
title 18, United States Code, as amended by section 102(aX3)(A) of 
this Act, shall apply only to services performed on or after the 
effective date of this title. The maximum allowed for compensation 
for a case, as provided in section 3006A(d)(2) of title 18, United 
States Code, as amended by section 102(aX3XB) of this Act, shall 
apply only to compensation claims in which some portion of the 
claim is for services performed on or after the effective date of this 
title. The maximum compensation allowed pursuant to section 
3006A(e) of title 18, United States Code, as amended by subpara-
graphs (B) and (C) of section 102(aX4) of this Act, shall apply only to 
services obtained on or after the effective date of this title. 
TITLE II—RECALL OF CERTAIN JUDICIAL OFFICERS . 
I SEC. 201. RECALL OF CERTAIN RETIRED JUDICIAL OFFICERS. 
(a) MAGISTRATES.—(1) Section 631(d) of title 28, United States 
Code, is amended— 
I 
(A) by striking out "No" and inserting in lieu thereof "Except 
< 
as otherwise provided in sections 375 and 636(h) of this title, 
i 
no"; 
(B) by striking out "the unanimous" and inserting in lieu 
JIIJ f thereof "a majority"; and 
(C) by inserting after "courts," the following: "which is taken 
upon the magistrate's attaining age seventy and upon each 
f-x ^subsequent anniversary thereof,'. 
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PUBLIC LAW 99-651—NOV. 14, 1986 
100 STAT. 3647 
(2) Section 636 of title 28, United States CJode, is amended by 
adding at the end the following: 
"(h) A United States magistrate who has retired may, upon the 
consent of the chief judge of the district involved, be recalled to 
serve as a magistrate in any judicial district by the judicial council 
of the circuit within which such district is located. Upon recall, a 
magistrate may receive a salary for such service in accordance with 
regulations promulgated by the Judicied Conference, subject to the 
restrictions on the payment of an annuity set forth in subchapter III 
of chapter 83, and chapter 84, of title 5. The requirements set forth 
5 USC 8331; ante. 
in subsections (a), (bX3), and (d) of section 631, and paragraph (1) of P- 516. 
subsection (h) of such section to the extent such paragraph requires 
'^' P' " • 
membership of the bar of the location in which an individual is to 
serve as a magistrate, shall not apply to the recall of a retired 
magistrate under this subsection or section 375 of this title. Any 
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other requirement set forth in section 631(b) shall apply to the recall 
3^' 
of a retired magistrate under this subsection or section 375 of this 
title unless such retired magistrate met such requirement upon 
appointment or reappointment as a magistrate under section 631.". 
(b) ALTERNATIVE RECALL OF CERTAIN JUDGES AND MAGISTRATES.— 
(1) Chapter 17 of title 28, United States Code, is amended by 
inserting after section 374 the following new section: 
"§ 375. Recall of certain judges and magistrates 
"(aXD A bankruptcy judge, a judge of the Claims Court, or a 
United States magistrate appointed under chapter 43 of this title, 28 USC 631 
who has retired under the applicable provisions of title 5 upon etseq. 
attaining the age and years of service requirements established in 
section 371(c) of this title, may agree to be recalled to serve under 
this section for a period of five years as a bankruptcy judge, judge of 
the Claims Court, or magistrate, as the case may be, upon certifi-
cation that substantial service is expected to be performed by such 
retired judge or magistrate during such 5-year period. With the 
agreement of the judge or ms^strate involved, a certification under 
this subsection may be renewed for successive 5-year periods. 
"(2) For purposes of paragraph (1) of this subsection, a certifi-
cation may be made— 
"(A) in the case of a bankruptcy judge or a United States 
magistrate, by the judicial council of the circuit in which the 
ofHcial duty station of the judge or magistrate at the time of 
retirement was located; and 
"(B) in the case of a judge of the Claims Court, by the chief 
judge of the United States Claims C!ourt. 
"(3) For purposes of this section— 
"(A) the term 'bankruptcy judge' means a bankruptcy judge 
appointed under chapter 6 of this title or serving as a bank- 28 USC 151 
ruptcy judge on March 31,1984; and 
«' ««9-
"(B) the term 'judge of the Claims (Dourt' means a judge of the 
United States Claims Court who is appointed under chapter 7 of 
this title or who has served under section 167 of the Federal 28 USC 171 
Courts Improvement Act of 1982. 
fsu%r 
"(b) A judge or m s ^ t r a t e recalled under this section may exer- ^R^InaTK'^^*®' 
cise all of the powers and duties of the office of judge or magistrate 
held at the time of retirement, including the ability to serve in any 
other judicial district to the extent applicable, but may not engg^e 
in the practice of law or engage in any other business, occupation, or 
^•g$H 
28 USC 375. 
100 STAT. 3648 
PUBLIC LAW 99-651—NOV. 14, 1986 
Termination 
date. 
28 use 372. 
5 use 8301 et 
seq.; ante, p. 516. 
Regulations. 
employment inconsistent with the expeditious, proper, and impar-
tial performance of duties as a judicial officer. 
"(c) During the 5-year period in which a certification under 
subsection (a) is in effect, the judge or magistrate involved shall 
receive, in addition to the annuity provided under the applicable 
provisions of title 5, an amount equal to the difference between that 
annuity and the current salary of the office to which the judge or 
magistrate is recalled. 
"(d) A certification under subsection (a) may be terminated in 
accordance with section 372(c) of this title, and such a certification 
shall be terminated upon the death of the recalled judge or mag-
istrate involved. 
"(e) Except as provided in subsection (b), nothing in this section 
shall affect the right of judges or magistrates who retire under the 
provisions of chapter 83 or chapter 84 of title 5 to serve as 
reemployed annuitants in accordance with the provisions of title 5. 
A judge or magistrate to whom this section applies may be recalled 
under section 155, 636(h), or 797 of this title, as the case may be, 
other than during a 5-year period in which a certification under 
subsection (a) is in effect with respect to that judge or magistrate. 
"(f) For purposes of determining the years of service requirements 
in order to be eligible for recall under this section, any service as a 
bankruptcy judge, a judge of the Claims C]!ourt, or a United States 
magistrate, and any prior service as a referee in bankruptcy, a 
commissioner of the Court of Claims, or a United States commis-
sioner, may be credited. 
"(g) Except as provided in subsection (c), a judge or magistrate 
recalled under this section shall be considered to be a reemployed 
annuitant under chapter 83 or chapter 84, as the case may be, of 
title 5. 
"(h) The Judicial C!onference of the United States may promulgate 
regulations to implement this section.". 
(2) The item relating to section 375 in the table of sections for 
chapter 17 of title 28, United States C!ode, is amended to read as 
follows: 
"375. Recall of certain judges and magistrates.". 
,, 
j 
o 
SEC. 202. TECHNICAL AMENDMENTS. 
(a) RECALL OF BANKRUPTCY JUDGES.—Section 155(b) of title 28, 
United States Code, is amended by inserting ", and chapter 84," 
after "chapter 83". 
(b) OFFICIAL DUTY STATION.—Section 374 of title 28, United States 
Code, is amended by adding at the end the following: "The place 
where a judge or magistrate recalled under section 155, 375, 636, or 
797 of this title maintains the actual abode in which the judge or 
magistrate customarily lives shall be deemed to be the official 
station of such judge or magistrate for purposes of section 604(aX7) 
of this title.". 
(c) RECALL OF CLAIMS (DOURT JUDGES.—Section 797(a) of title 28, 
United States Code, is amended by inserting ", or chapter 84," after 
"chapter 83". 
(d) CLERICAL AMENDMENT.—Section 633(b) of title 28, United 
States Code, is amended by striking out "643" and inserting in lieu 
thereof "634". 
PUBLIC LAW 99-651-NOV. 14,1986 
100 STAT. 3649 
SEC. 203. EFFECTIVE DATE. 
28 USC 155 note. 
This title and the amendments made by this title take effect on 
January 1, 1987. 
Approved November 14, 1986. 
:ai:tm 
LEGISLATIVE HISTORY—H.R. 3004 (S. 1581): 
HOUSE REPORTS: No. 99-417 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Dec. 9, considered and passed House. 
Vol. 132 (1986): Oct. 6, considered and passed Senate, amended, in lieu of 
S. 1581. 
Oct. 14, 15, House concurred in Senate amendment with an 
amendment; vacated proceedings and again concurred in 
Senate amendment with an amendment. 
Oct. 16, Senate concurred in House amendment.