18 U.S.C. § 3495 — Fees and expenses of consuls, counsel, in-

Page 775 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3497 § 3495. Fees and expenses of consuls, counsel, in- terpreters and witnesses (a) The consular fees prescribed under section 1201 of Title 22, for official services in connec- tion with the taking of testimony under sections 3492–3494 of this title, and the fees of any witness whose testimony is taken shall be paid by the party who applied for the commission pursuant to which such testimony was taken. Every wit- ness under section 3493 of this title shall be enti- tled to receive, for each day’s attendance, fees prescribed under section 3496 of this title. Every foreign counsel selected pursuant to a commis- sion issued on application of the United States, and every interpreter whose services are re- quired by a consular officer under section 3493 of this title, shall be paid by the United States, such compensation, together with such personal and incidental expense upon verified statements filed with the consular officer, as he may allow. Compensation and expenses of foreign counsel selected pursuant to a commission issued on ap- plication of any party other than the United States shall be paid by the party whom such counsel represents and shall be allowed in the same manner. (b) Whenever any party makes affidavit, prior to the issuance of a commission for the purpose of taking testimony, that he is not possessed of sufficient means and is actually unable to pay any fees and costs incurred under this section, such fees and costs shall, upon order of the court, be paid in the same manner as fees and costs are paid which are chargeable to the United States. (c) Any appropriation available for the pay- ment of fees and costs in the case of witnesses subpenaed in behalf of the United States in criminal cases shall be available for any fees or costs which the United States is required to pay under this section. (June 25, 1948, ch. 645, 62 Stat. 836; May 24, 1949, ch. 139, § 54, 63 Stat. 96.) HISTORICAL AND REVISION NOTES 1948 ACT Based on section 695f of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (June 20, 1936, ch. 640, § 7, 49 Stat. 1564). 1949 ACT This section [section 54] corrects the reference in the first sentence of section 3495(a) of title 18, U.S.C., be- cause the provisions which were formerly set out as section 127 of title 22, U.S.C., are now set out as section 1201 of such title. Editorial Notes REFERENCES IN TEXT Section 1201 of Title 22, referred to in subsec. (a), was transferred to section 4219 of Title 22, Foreign Rela- tions and Intercourse. AMENDMENTS 1949—Subsec. (a). Act May 24, 1949, substituted ‘‘sec- tion 1201’’ for ‘‘section 127’’. § 3496. Regulations by President as to commis- sions, fees of witnesses, counsel and inter- preters The President is authorized to prescribe regu- lations governing the manner of executing and returning commissions by consular officers under the provisions of sections 3492–3494 of this title and schedules of fees allowable to wit- nesses, foreign counsel, and interpreters under section 3495 of this title. (June 25, 1948, ch. 645, 62 Stat. 836.) HISTORICAL AND REVISION NOTES Based on section 695g of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (June 20, 1936, ch. 640, § 8, 49 Stat. 1564). Executive Documents EX. ORD. NO. 10307. DELEGATION OF AUTHORITY Ex. Ord. No. 10307, Nov. 23, 1951, 16 F.R. 11907, pro- vided: By virtue of the authority vested in me by the act of August 8, 1950, 64 Stat. 419 (3 U.S.C. Supp. 301–303), I hereby delegate to the Secretary of State (1) the au- thority vested in the President by section 3496 of title 18 of the United States Code (62 Stat. 836) to prescribe regulations governing the manner of executing and re- turning commissions by consular officers under the provisions of sections 3492–3494 of the said title, and schedules of fees allowable to witnesses, foreign coun- sel, and interpreters under section 3495 of the said title, and (2) the authority vested in the President by section 3492(c) of title 18 of the United States Code (62 Stat. 835) to prescribe regulations making the provisions of sec- tions 3492–3496 of the said title applicable to diplomatic officers. Executive Order No. 8298 of December 4, 1939, entitled ‘‘Regulations Governing the Manner of Executing and Returning Commissions by Officers of the Foreign Service in Criminal Cases, and Schedule of Fees and Compensation in Such Cases’’, is hereby revoked. § 3497. Account as evidence of embezzlement Upon the trial of any indictment against any person for embezzling public money it shall be sufficient evidence, prima facie, for the purpose of showing a balance against such person, to produce a transcript from the books and pro- ceedings of the Government Accountability Of- fice. (June 25, 1948, ch. 645, 62 Stat. 836; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 179, 355; section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judici- ary (R.S. § 887; Mar. 4, 1909, ch. 321, §§ 93, 225, 35 Stat. 1105, 1133; June 10, 1921, ch. 18, § 304, 42 Stat. 24). This section is a consolidation of section 179 of title 18, U.S.C., 1940 ed., with similar provisions of section 355 of title 18, U.S.C., 1940 ed., and section 668 of title 28, U.S.C., 1940 ed., Judicial Code and Judiciary, with changes of phraseology only except that ‘‘General Ac- counting Office’’ was substituted for ‘‘Treasury Depart- ment’’. Other provisions of said section 355 of title 18, U.S.C., 1940 ed., are incorporated in section 1711 of this title. Words in second sentence of said section 355 of title 18, U.S.C., 1940 ed., which preceded the semicolon there- in and which read ‘‘Any failure to produce or to pay over any such money or property, when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement’’ were omitted as sur- plusage, because such failure to produce or to pay over such money or property constitutes embezzlement. (See sections 653 and 1711 of this title.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–271 substituted ‘‘Government Ac- countability Office’’ for ‘‘General Accounting Office’’.