The law › Title 18, Crimes and Criminal Procedure › Chapter 201
18 U.S.C. 3006A: Adequate representation of defendants
Created in 1964 by Public Law 88-455. Changed by 17 later laws. No bill we track in this Congress changes it.
14 other sections of the Code cite this one, including 8 U.S.C. 1534, 18 U.S.C. 983, 18 U.S.C. 3162, 18 U.S.C. 4109, 20 U.S.C. 1087ee.
- past change
- enacted this Congress
- proposed
This Congress
No bill we track in the 119th Congress changes this section.
How it got here
2024
- Pub. L. 118–47, §307(1)(A), inserted ", or the attorney's law firm," after "appointed pursuant to this section". (Further Consolidated Appropriations Act, 2024) Law text · (d)
- Pub. L. 118–47, §307(1)(B), inserted ", or the attorney's law firm," after "paid to an attorney" in two places. (Further Consolidated Appropriations Act, 2024) Law text · (d)
- Pub. L. 118–47, §307(1)(C), inserted ", or the attorney's law firm" after "paid to the attorney". (Further Consolidated Appropriations Act, 2024) Law text · (d)
- Pub. L. 118–47, §307(2), inserted ", or the attorney's law firm" after "paid to the appointed attorney". (Further Consolidated Appropriations Act, 2024) Law text · (f)
2010
2008
- Pub. L. 110–406, §11, inserted at end "The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursua… Law text · (d)
- Pub. L. 110–406, §12(a), (b), inserted "or senior" after "active" in second sentence. Law text · (d), (e)
2004
- Pub. L. 108–447, §304(a), substituted "$7,000" for "$5,200" and "$2,000" for "$1,500" in first sentence, "$5,000" for "$3,700" in second sentence, "$1,500" for "$1,200" and "$5,000" for "$3,900" in fifth sentence, and "$1,500" for "$1,200" in last sentence. (Consolidated Appropriations Act, 2005) Law text · (d)
- Pub. L. 108–447, §304(b)(1), substituted "$500" for "$300" in subpars. (A) and (B). (Consolidated Appropriations Act, 2005) Law text · (e)
- Pub. L. 108–447, §304(b)(2), substituted "$1,600" for "$1,000" in first sentence. (Consolidated Appropriations Act, 2005) Law text · (e)
2000
- Pub. L. 106–518, §211, substituted "Attorneys may be reimbursed for expenses reasonably incurred, including the costs of transcripts authorized by the United States magistrate or the court, and the costs of defending actions alleging malpractice of counsel in furnishing representati… (Federal Courts Improvement Act of 2000) Law text · (d)
- Pub. L. 106–518, §210(4), (5), inserted after second sentence "For representation of a petitioner in a non-capital habeas corpus proceeding, the compensation for each attorney shall not exceed the amount applicable to a felony in this paragraph for representation of a defendant befo… (Federal Courts Improvement Act of 2000) Law text · (d)
- Pub. L. 106–518, §210(1)–(3), in first sentence, substituted "$5,200" for "$3,500" and "$1,500" for "$1,000", in second sentence, substituted "$3,700" for "$2,500", and in third sentence, substituted "$1,200" for "$750" and "$3,900" for "$2,500". (Federal Courts Improvement Act of 2000) Law text · (d)
1999
- Pub. L. 106–113 inserted ", except that the amount of the fees shall not be considered a reason justifying any limited disclosure under section 3006A(d)(4) of title 18, United States Code" after "require". (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000) Law text · (d)
1997
- Pub. L. 105–119 reenacted par. heading without change and amended text generally. Prior to amendment, text read as follows: "The amounts paid under this subsection, for representation in any case, shall be made available to the public." (Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998) Law text · (d)
1996
1988
- Pub. L. 100–690, §7101(f)(1), added subpar. (J). · (a)
- Pub. L. 100–690, §7101(f)(2), inserted provisions at end to representation of offender before United States Parole Commission, and in appeal from determination of such Commission. · (d)
1987
- Pub. L. 100–182 added subpar. (E) and redesignated former subpars. (E) to (H) as (F) to (I), respectively. · (a)
1986
- Pub. L. 99–651, §103, made technical amendments to Pub. L. 98–473, §223(e), see 1984 Amendment note below. · (a)
- Pub. L. 99–651, §102(a)(1), substituted "in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following:" and pars. (1) to (3) for prior provisions which… · (a)
- Pub. L. 99–651, §102(a)(2), substituted "In every case in which a person entitled to representation under a plan approved under subsection (a)" for "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… · (b)
- Pub. L. 99–651, §102(a)(3)(A), substituted "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 a… · (d)
- Pub. L. 99–651, §102(a)(3)(B), substituted "$3,500" for "$2,000", "$1,000" for "$800", "$2,500" for "$2,000", and substituted provision that for any other representation required or authorized by this section, the compensation shall not exceed $750 for each attorney in each proceedi… · (d)
- Pub. L. 99–651, §102(a)(3)(C), inserted provision that the chief judge of the circuit may delegate such approval authority to an active circuit judge. · (d)
- Pub. L. 99–651, §102(a)(3)(D), substituted "provided representation to the person involved" for "represented the defendant". · (d)
- Pub. L. 99–651, §102(a)(4)(A), substituted "adequate representation" for "an adequate defense". · (e)
- Pub. L. 99–651, §102(a)(4)(B), designated existing provisions as subpar. (A), and substituted reference to adequate representation for reference to an adequate defense, inserted exception relating to subpar. (B), increased the authorized amount for services from $150 to $300, and ad… · (e)
- Pub. L. 99–651, §102(a)(4)(C), substituted "$1,000" for "$300" and inserted provision that the chief judge of the circuit may delegate such approval authority to an active circuit judge. · (e)
- Pub. L. 99–651, §102(b)(1), redesignated subsec. (h) as (g), and struck out former subsec. (g) which provided for discretionary appointments by the court or magistrate. · (g)
- Pub. L. 99–651, §102(a)(5)(A), substituted "in accordance with section 605 of title 28" for "similarly as under title 28, United States Code, section 605, and subject to the conditions of that section", and after fourth sentence inserted provision authorizing … · (g)
- Pub. L. 99–651, §102(a)(5)(B), substituted "for the next fiscal year" for "for the coming year" in introductory provisions. · (g)
- Pub. L. 99–651, §102(a)(5)(C), added par. (3). · (g)
- Pub. L. 99–651, §102(b)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). · (h)
- Pub. L. 99–651, §102(a)(6), (b)(1), redesignated subsec. (j) as (i) and inserted provision for funding continuing education and training of persons providing representational services under this section. Former subsec. (i) redesignated (h). · (i)
- Pub. L. 99–651, §102(b), redesignated subsec. (k) as (j), and amended subsec. (j) generally to include the District Court for the Northern Mariana Islands. Former subsec. (j) redesignated (i). · (j)
- Pub. L. 99–651, §102(a)(7), (b)(1), redesignated subsec. (l) as (k) and substituted "this section shall apply" for "this Act, other than subsection (h) of section 1, shall apply" and "this section shall not apply" for "this Act shall not apply". Former subsec. (k) redesignated (j… · (k), (l)
1984
- Pub. L. 98–473, §405(a), added cl. (4) and redesignated former cl. (4) as (5). · (a)
- Pub. L. 98–473, §223(e)(1), as amended by Pub. L. 99–651, §103, substituted "Class A misdemeanor" for "misdemeanor (other than a petty offense as defined in section 1 of this title)". · (a)
- Pub. L. 98–473, §223(e)(2), as amended by Pub. L. 99–651, §103, redesignated subpars. (F) to (I) as (E) to (H), respectively, and struck out former subpar. (E) which required that representation be provided for any financially eligible person who was entitled to appointmen… · (a)
- Pub. L. 98–473, §223(e)(3), as amended by Pub. L. 99–651, §103, substituted "Class B or C misdemeanor, or an infraction" for "petty offense". · (a)
- Pub. L. 98–473, §1901(1)–(3), substituted "$60" for "$30" and "$40" for "$20", and struck out ", 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 dist… · (d)
- Pub. L. 98–473, §1901(4)–(6), substituted "$2,000" for "$1,000" in two places, "$800" for "$400", and "$500" for "$250". · (d)
- Pub. L. 98–473, §405(b), struck out reference to section 4245 of title 18. · (g)
1982
- Pub. L. 97–164, §206(a), substituted "court of appeals" for "judicial council" wherever appearing and "court of appeals of the circuit" for "Judicial Council of the Circuit". · (h)
- Pub. L. 97–164, §206(b), substituted "court of appeals" for "judicial council". · (i)
1974
- Pub. L. 93–412 substituted "shall apply in the United States District Court for the District of Columbia and the United 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 Dis… · (l)
1970
- Pub. L. 91–447, §1(a), expanded coverage of district court plan for furnishing representation to financially disabled persons to include defendants charged with violation of probation, any person under arrest when such representation is required by law, any person who is subject to rev… · (a)
- Pub. L. 91–447, §1(a), provided for appointment of counsel from a bar association, legal aid agency, or defender organization as well as from a panel of attorneys approved by the court, expanded advice to defendant of right to appointment of counsel where defendant is charged with juve… · (b)
- Pub. L. 91–447, §1(a), expanded the scope of representation by appointed counsel to include ancillary matters appropriate to the proceedings. · (c)
- Pub. L. 91–447, §1(a), raised the rate of compensation not to exceed $30 per hour for time expended in court and $20 per hour for time reasonably expended out of court, increased the limit to $1,000 for each attorney in a case involving one or more alleged felonies and $400 for each at… · (d)
- Pub. L. 91–447, §1(a), limited to $150, plus reasonable expenses, subject to later review and approval by the court, the cost of investigative, expert, or other services necessary for an adequate defense where these services are obtained without prior authorization because circumstance… · (e)
- Pub. L. 91–447, §1(a), substantially reenacted subsec. (f). · (f)
- Pub. L. 91–447, §1(b), added subsecs. (g) and (h) and redesignated existing subsecs. (g) to (i) as (i) to (k), respectively. · (g), (h), (i), (j), (k)
- Pub. L. 91–447, §1(c), added subsec. (l). · (l)
1968
- Pub. L. 90–578 substituted "United States magistrate" for "United States commissioner" wherever appearing. · (b), (c), (d)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.