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Public Law 91-128

91st Congress, H. R. 12829
November 26, 1969

An Act

To provide an extension of the interest equalization tax, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

68A Stat. 490.

82 Stat. 1214. 18 USC 921928.

SEC. 5. AMMUNITION RECORDKEEPING REQUIREMENTS.

Section 4182 (relating to exemptions from tax on certain firearms and ammunition) is amended by adding at the end thereof the following new subsection:

(c) RECORDS.-Notwithstanding the provisions of sections 922(b) (5) and 923(g) of title 18, United States Code, no person holding a Federal license under chapter 44 of title 18, United States Code, shall be required to record the name, address, or other information about the purchaser of shotgun ammunition, ammunition suitable for use only in rifles generally available in commerce, or component parts for the aforesaid types of ammunition."

Approved November 26, 1969.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 91-383 (Comm. on Ways & Means) and No. 91-656

(Comm. of Conference).

SENATE REPORT No. 91-428 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 115 (1969):

Aug. 7: Considered and passed House.

Oct. 8, 9: Considered and passed Senate, amended.

Nov. 17: House disagreed to Senate amendments; agreed to

conference.

Nov. 19: House agreed to conference report.

Nov. 20: Senate agreed to conference report.

91st Congress, H. R. 16612
April 15, 1970

An Act

To amend the District of Columbia Bail Agency Act to provide additional funds for the District of Columbia Bail Agency for fiscal year 1970.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the District of Columbia Bail Agency Act (D.C. Code, sec. 23-908) is amended by striking out ", but not to exceed $130,000 in any one fiscal year,".

Approved April 15, 1970.

84 STAT. 199

D.C. Bail
Agency Act,

amendment.

80 Stat. 329.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-971 (Comm. on the District of Columbia). SENATE REPORTS: No. 91-287 accompanying S. 545 and No. 91-753 (Comm. on the District of Columbia).

CONGRESSIONAL RECORD:

Vol. 115 (1969): July 8, S. 545 considered and passed Senate.
Vol. 116 (1970): Mar. 25, considered and passed House.

Apr. 3, considered and passed Senate.

91st Congress, S. 3564
July 17, 1970

An Act

To amend the Federal Youth Corrections Act (18 U.S.C. 5005 et seq.) to permit examiners to conduct interviews with youth offenders.

84 STAT. 437

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5014 of Federal Youth title 18, United States Code, is amended by inserting or an examiner designated by the Division," after the words "of the Division".

66

SEC. 2. Section 5020 of title 18, United States Code, is amended by deleting the words "or a member thereof" and inserting in lieu thereof ", a member thereof, or an examiner designated by the Division". Approved July 17, 1970.

Corrections Act amendment.

64 Stat. 1087.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 91-1239 (Comm. on the Judiciary).
SENATE REPORT No. 91-866 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 116 (1970):

May 15, considered and passed Senate.
July 6, considered and passed House.

91st Congress, S. 1461
October 14, 1970

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 by 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:

84 STAT. 916

U. S. Courts.

Defendant repre

sentation.

78 Stat. 552.

"(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 62 Stat. 684. 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 appointment of counsel or for whom, in a case in which he faces loss of liberty, 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 proportion 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 Representation circuit shall supplement the plan with provisions for representation on on appeal. 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 representation 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 commission of an act which, if committed by an adult, would be such a felony or misdemeanor or with a violation of probation and appears without counsel, the United States magistrate or the court shall advise the defendant that he has the 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 waives representation by counsel, the United States magistrate or the court, if satisfied after appropriate 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. 917

shall 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 OF 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 section 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 compensated 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 reasonably 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 reasonably incurred, including the costs of transcripts authorized by the United States magistrate or the court.

"(2) MAXIMUM AMOUNTS.-For representation of a defendant before 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 reimbursement shall be made to the district court for representation before

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