District of Columbia Criminal Justice Act
PL 93-412 (S.3703), enacted 09/03/1974

88 STAT. ] 
PUBLIC LAW 93-412-SEPT. 3, 1974 
1089 
AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 304. (a) For the fiscal years ending June 30,1976, and Septem- 
^o use 1164. 
ber 30,1977,1978,1979, and 1980, only such sums may be appropriated 
as the Congress may hereafter authorize bj law. 
(b) There are authorized to be appropriated to the National Aero-
nautics and Space Administration not to exceed $2,500,000 for the 
fiscal year ending June 30, 1975, for the purpose of preparing the 
program definition under section 102(a). 
(c) In addition to sums authorized to be appropriated by subsection 
(b), there are authorized to be appropriated to the fund not to exceed 
$50,000,000 annually, such sums to carry out the provisions of the loan 
guaranty program by the Project under title II. 
Approved September 3, 1974. 
Public Law 93-411 
AN A C T 
Septembers, 1974 
To amend the tobacco marketing quota provisions of the Agricultural Adjustment 
[H. R. 6485] 
Act of 1938. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Agricul- 
3°^^'^'^°° 
tural Adjustment Act of 1938 is amended by inserting after section quofa'^s! '"^ 
319 the following new section: 
7 use i3i4e, 
"SEC. 320. Xotwithstanding any other provision of law, beginning 
7 use i3i4f. 
with the 1975 crop, any kind of tobacco for which marketing quotas 
are not in effect that is produced in an area where producers who are 
engaged in the production of a kind of tobacco traditionally produced 
in the area have approved marketing quotas under this Act shall be 
subject to the quota for the kind of tobacco traditionally produced in 
the area: Provided^ hoioever^ That this section shall not apply in any 
case in which the Secretary or his designee finds any such nonquota 
tobacco is readily and distinguishably different from any kind of 
tobacco produced under quota, because of seed variety, cultural prac-
tices, method of curing and other factors affecting its physical char-
acteristics, as determined through the application of the Federal 
Standards of Inspection and Identification of quota types and the 
tobacco does not possess any of the distinguishable characteristics of a 
quota type. If marketing quotas are in effect for more than one kind 
of tobacco in an area, any nonquota tobacco produced in the area shall 
be subject to quotas for the kind of tobacco traditionally produced in 
the area having the highest price support imder the Agricultural Act 
of 1949." 
7 use 1421 
Approved September 3, 1974. 
Public Law 93-412 
AN ACT 
September 3, 1974 
To authorize in the District of Columbia a plan providing for the representation 
[s.3703] 
of defendants who are 
financially 
unable to obtain an adequate defense in 
criminal cases in the courts of the District of Columbia, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
District o
f 
be cited as the "District of Columbia Criminal Justice Act". 
juiuce AC";!'"""' 
D.C. Code 11-
2601 note. 
1090 
PUBLIC LAW 93-412-SEPT. 3, 1974 
[88 STAT. 
SEC. 2. Title 11 of the District of Columbia Code is amended by 
adding at the end thereof the following new chapter: 
"Chapter 26.—REPRESENTATION OF INDIGENTS IN 
CRIMINAL CASES 
"Sec. 
"11-2601. Plan for furnishing representation to indigents in criminal cases. 
"11-2602. Appointment of counsel. 
"11-2603. Duration and substitution of appointments. 
"11-2604. Payment for representation. 
"11-2605. Services other than counsel. 
"11-2606. Receipt of other payments. 
"11-2607. Preparation of budget. 
"11-2608. Authorization of appropriations. 
"11-2609. Authority of council. 
D.C. Code 11 
2601. 
^ 11-2601. Plan for furnishing representation of indigents in 
criminal cases 
'"The Joint Committee on .Judicial Administration shall place in 
operation, within ninety clays after the effective date of this chapter, 
in the District of (Columbia a plan for furnishing representation to 
any person in the District of Columbia who is financially unable to 
obtain adequate representation— 
"(1) who is charged with a felony, or misdemeanor, or other 
use prec. 
offeusc for which the sixth amendment to the Constitution requires 
t i t l e 1 . 
. 
1 
(• 
1 
• 
1 • 
1 
1 
(• 
the appointment ot counsel or tor whom, m a case winch he faces 
loss of liberty, any law of the District of Columbia requires the 
api^ointment of counsel; 
"(2) who is under arrest, when such representation is required 
by law; 
"(8) who is charged with violating a condition of probation or 
parole in custody as a material witness, or seeking collateral relief, 
as provided in—-
"(A) Section 23-110 of the District of Columbia Code 
(remedies on motion attacking sentence), 
"(R) Chapter 7 of title 23 of the District of Columbia 
(\)de (extradition and fugitives from justice), 
"(C) Chapter 19 of title 16 of the District of Columbia 
Code (habeascorpus), 
"(D) Section 928 of the Act of March 8, 1901 (D.C. Code, 
sec. 24-302) (commitment of mentally ill person while serv-
ing sentence) ; 
"(4) who is subject to proceedings pursuant to chapter 5 of 
title 21 of the District of Columbia Code (hospitalization of the 
mentally ill) ; 
"(5) who is a juvenile and alleged to be delinquent or in need 
of supervision. 
Representation under the plan shall include counsel and investigative, 
expert, and other services necessary for an adequate defense. The 
plan shall include a provision for private attorneys, attorneys fur-
nished by the Public Defender Service, and attorneys and qualified 
students participating in clinical programs. 
"§ 11-2602. Appointment of counsel 
"Counsel furnishing representation under the plan shall in every 
case be selected from panels of attorneys designated and approved 
by the courts. In all cases where a person faces a loss of liberty and 
use prec. 
the Constitutlon or any other law requires the appointment of counsel, 
**'^^ ^- 
the court shall advise the defendant or respondent that he has the 
D.C. 
Code 23 
701. 
D.C. 
Code 16 
1901. 
D.C. 
Code 
21-
501. 
D.C 
2602. 
88 STAT. ] 
PUBLIC LAW 93-412-SEPT. 3, 1974 
1091 
right to be represented by counsel and that counsel will be appointed 
to represent him if he is financially unable to obtain counsel. Unless 
the defendant or respondent waives representation by counsel, the 
court, if satisfied after appropriate inquiry that the defendant or 
respondent is financially unable to obtain counsel, shall appoint coun-
sel to represent him. Such appointment may be made retroactive to 
include any representation furnished pursuant to the plan prior to 
appointment. The court shall appoint separate counsel for defendants 
or respondents having interests that cannot properly be represented 
by the same counsel, or when other good cause is shown. In all cases 
covered by this Act where the appointment of counsel is discretionary, 
the defendant or respondent shall be advised that counsel may be 
appointed to represent him if he is financially unable to obtain coun-
sel, and the court shall in all such cases advise the defendant or 
respondent of the manner and procedui-es by which he may request 
the appointment of counsel. 
"§ 11-2603. Duration and substitution of appointments 
26°3?' ^°'^^ "" 
"A person for whom counsel is appointed shall be represented at 
every stage of the proceedings from his initial appearance before the 
court through appeals, including ancillary matters appropriate to 
the proceedings. If at any time after the appointment of counsel 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 section 
2606 of this chapter, as the interests of justice may dictate. If at any 
stage of the proceedings, including an appeal, the court finds that 
the person is financially unable to pay counsel whom he had retained, 
it may appoint counsel as provided in section 2602, and authorize 
payment as provided in section 2604, as the interests of justice may 
dictate. The court may, in the interest of justice, substitute one 
appointed counsel for another at any stage of the proceedings. 
"§ 11-2604. Payment for representation 
D.C. code n.. 
"(a) Any attorney appointed pursuant to this chapter shall, at 
the conclusion of the representation or any segment thereof, he com-
pensated at a rate fixed by the Joint Committee on Judicial Admin-
istration, not to exceed the hourly scale established by the provisions 
of section 3006A(d) (1) of title 18, United States Code. Such attorney 
Expenses. 
shall be reimbursed for expenses reasonably incurred. 
"(b) For representation of a defendant before the Superior Court 
or before the District of Columbia Court of Appeals, as the case may 
be, the compensation to be paid to an attorney shall not exceed the 
maximum amoimts established by section 3006A(d)(2) of title 18, 
United States Code, in the corresponding kind of case or proceeding. 
"(c) Claims for compensation and reimbursement in excess of any 
maximum amount provided in subsection (b) of this section may be 
approved for extended or complex representation whenever such pay-
ment is necessary to provide fair compensation. Any such request 
for payment shall be submitted by the attorney for approval by the 
chief judge of the Superior Court upon recommendation of the presid-
ing judge in the case or, in cases before the District of Columbia Court 
of Appeals, approval by the chief judge of the Court of Appeals upon 
recommendation of the presiding judge in the case. A decision shall 
be made by the appropriate chief judge in the case of every claim 
filed under this subsection. 
Excess amounts, 
claims. 
Statement. 
D.C. Code 1 1 
2605. 
1092 
PUBLIC LAW 93-412-SEPT. 3, 1974 
[88 STAT. 
"(d) A separate claim for compensation and reimbursement shall 
be made to the Superior Court for representation before that court, 
and to the District of Columbia Court of Appeals for representation 
before that court. Each claim shall be supported by a sworn written 
statement specifying the time expended, services rendered, and 
expenses incurred while the case was pending before 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. In cases where repre-
sentation is furnished other than before the Superior Court or the 
District of Columbia Court of Appeals, claims shall be submitted to 
the Superior Court which shall fix the compensation and reimburse-
ment to be paid. 
"(e) For purposes of compensation and other payments authorized 
by tins section, an order by a court granting a new trial shall be deemed 
to initiate a new case. 
"(f) If a person for whom counsel is appointed under this section 
appeals to the District of Columbia Court of Appeals, he may do so 
without prepayment of fees and costs or security therefor and without 
filing the affidavit required by section 1915(a) of title 28, United 
States Code. 
'*§ 11-2605. Services other than counsel 
" (a) Counsel for a person who is financially unable to obtain investi-
gative, expert, or other services necessary for an adequate defense may 
request them in an ex parte application. Upon finding, after appro-
priate inquiry in an ex parte proceeding, that the services are neces-
sary and that the person is financially unable to obtain them, the court 
shall authorize counsel to obtain the services. 
"(b) Counsel appointed under this section may obtain, subject to 
later review, investigative, expert, or other services, excluding the prep-
aration of reporter's transcript, without prior authorization if neces-
sary for an adequate defense. The total cost of services obtained 
without prior authorization may not exceed $150 or the rate provided 
by section 3006A(e) (2) of title 18, United States Code, whichever is 
higher, and expenses reasonably incurred. 
"(c) Compensation to be paid to a person for services rendered by 
him to a person under this subsection shall not exceed $300, or the rate 
provided by section 300f)A(e)(3) of title 18, United States Code, 
whichever is higher, exclusive of reimbursement for expenses reason-
ably incurred, unless payment in excess of that limit is certified by the 
court, 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 presiding judge in the case. 
"§ 11-2606. Receipt of other payments 
" (a) Whenever the court finds that funds are avaihible 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, or 
to any person or organization authorized pursuant to section 2005 of 
this title to render in\estigative, expert, or other services, or to the 
court for dei)osit in the Treasury as a reimbursement to the appropria-
tion, current at the time of payment, to carry out the provisions of this 
section. Except as so authorized or directed, no such person or organiza-
tion may request or accept any payment or promise of payment for 
representing a defendant. 
^^"^^*^" 
"(b) Any person compensated, or entitled to be compensated, for 
D.C. Code 11-
2606. 
D.C. 
Code 1 
1
-
2607. 
D.C. 
app. 
D.C. 
2608. 
Code 11 
Code U -
D.C. 
Code 1 
1. 
2609. 
D.C. 
147. 
88 STAT. ] 
PUBLIC LAW 93-413-SEPT. 4, 1974 
1093 
any services rendered under this chapter who shall seek, ask, demand, 
receive, or offer to receive, any money, goods, or services in return there-
for from or on behalf of a defendant or respondent shall be fined not 
more than $1,000 or imprisoned not more than one year, or both. 
«§ 11-2607. Preparation of Budget 
"The joint committee shall prepare and annually submit to the Com-
missioner of the District of Columbia, in conformity with section 1743 
of this title, or to his successor in accordance with section 445 of the 
District of Columbia Self-Government and Governmental Reorgani-
zation Act, for inclusion in the annual budget, annual estimates of the 
expenditures and appropriations necessary for furnishing representa-
tion by pi'ivate attorneys to persons entitled to representation in 
accordance with section 2601 of this title. 
"§ 11-2608. Authorization of appropriations 
"There are hereby authorized to be appropriated, out of any moneys 
in the Treasury credited to the District of Columbia, such funds as 
may be necessary for the administration of this chapter for fiscal years 
1975 and 1976. When so specified in appropriation Acts, such appropri-
ations shall remain available until expended. 
"§ 11-2609. Authority of Council 
"Section 602(a)(4) of the District of Columbia Self-Government 
and Governmental Reorganization Act shall not apply to this chapter.". 
SEC. 3. (a) Paragraph (1) of section 3006A, title 18, United States 
Code, as amended, is amended to read: 
"(1) APPLICABILITY IN THE DISTRICT or COLUMBIA.—The provisions 
of this Act, other than subsection (h) of section 1, shall apply in the 
United States District Court for the District of Columbia and the 
TTnited States Court of Appeals for the District of Columbia Circuit. 
The provisions of this Act shall not apply to the Superior Court of the 
District of Columbia and the District of Columbia Court of Appeals.". 
SEC. 4. This Act shall take effect upon the date of its enactment. Any 
Effective da 
person appointed on or after July 1,1974, but prior to the commencing 
date of the plan referred to in section 11-2601 of the District of 
Columbia Code (as added by section 2 of this Act), by a judge of the 
Superior Court or the District of Columbia Court of Appeals to furnish 
to any person in the District of Columbia, who is financially unable 
to obtain adequate representation, that representation and those 
services referred to in such section 11-2601, may be compensated and 
reimbursed for such representation and services rendered, including 
expenses incurred therewith, upon filing a claim for payment. Pay-
ment shall not be allowed in excess of the amounts authorized in 
accordance with those sections added to the District of Columbia Code 
by such section 2. 
Approved September 3, 1974. 
Public Law 93-413 
A N A C T 
September 4, 1974 
To authorize appropriations for activities of tlie National Science P\)undation, 
[H. R. 13999] 
and for other purposes. 
Be it enacted hy the iSenate arid House of Representatives 
of the 
United States 
of A?neriea in Congress assemhled. That there is 
National science 
hereby authorized to be appropriated to the National Science P'ounda- f """'^^tion AU-
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thorization Act, 
tion lor the fiscal year ending June 30, 1975, for the followmg 1975. 
categories: 
38-194 O - 76 - 72 Pt 1 
D.C. Code 11-
2601 note.