A bill to provide for the implementation of treaties for the transfer of offenders to or from foreign countries.
PL 95-144 (S.1682), enacted 10/28/1977

91 STAT. 1212 
PUBLIC LAW 95-144—OCT. 28, 1977 
Public Law 95-144 
95th Congress 
Oct. 28. 1977 
[S. 1682] 
Treaties for the 
transfer of 
offenders to or 
from foreign 
countries. 
Implementation. 
18 use 4100. 
Offender 
transfer, consent. 
An Act 
To provide for the implementation of treaties for the transfer of offenders to or 
from foreign countries. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That title 18, United 
States Code, is amended by inserting after chapter 305 the following 
new chapter: 
-i 
/ , ' / ; ' 
, ; 
. 
"Chapter 306—TRANSFER TO OR FROM FOREIGN 
COUNTRIES 
"Sec. 
"4100. Scope and limitation of chapter. 
"4101. Definitions. 
"4102. Authority of the Attorney General. 
'•• 
*' 
: . 
"4103. Applicability of United States laws. 
"4104. Transfer of offenders on probation. 
"4105. Transfer of offenders serving sentence of imprisonment. 
"4106. Transfer of offenders on parole; parole of offenders transferred. 
"4107. Verification of consent of offender to transfer from the United States. 
"4108. Verification of consent of offender to transfer to the United States. 
"4109. Right to counsel, appointment of counsel. 
"4110. Transfer of juveniles. 
' '" 
"4111. Prosecution barred by foreign conviction. 
"4112. Loss of rights, disqualification. 
"4113. Status of alien offender transferred to a foreign country. 
"4114. Return of transferred offenders. 
"4115. Execution of sentences imposing an obligation to make restitution or 
reparations. 
"§ 4100. Scope and limitation of chapter 
"(a) The provisions of this chapter relating to the transfer of 
offenders shall be applicable only when a treaty providing for such 
a transfer is in force, and shall only be applicable to transfers of 
offenders to and from a foreign country pursuant to such a treaty. A 
sentence imposed by a foreign country upon an offender who is subse-
quently transferred to the United States pursuant to a treaty shall be 
subject to being fully executed in the United States even though the 
treaty under which the offender was transferred is no longer in force. 
"(b) An offender may be transferred from the United States pur-
suant to this chapter only to a country of which the offender is a citizen 
or national. Only an offender who is a citizen or national of the United 
States may be transferred to the United States. An offender may be 
transferred to or from the United States only with the offender's con-
sent, and only if the offense for which the offender was sentenced 
satisfies the requirement of double criminality as defined in this 
chapter. Once an offender's consent to transfer has been verified by a 
verifying officer, that consent shall be irrevocable. If at the time of 
transfer the offender is under eighteen years of age the transfer shall 
not be accomplished unless consent to the transfer be given by a parent 
or guardian or by an appropriate court of the sentencing country. 
"(c) An offender shall not be transferred to or from the United 
States if a proceeding by way of appeal or of collateral attack upon 
the conviction or sentence be pending. 
PUBLIC LAW 95-144—OCT. 28, 1977 
91 STAT. 1213 
"(d) The United States upon receiving notice from the country 
which imposed the sentence that the offender has been granted a par-
don, commutation, or amnesty, or that there has been an ameliorat-
ing modification or a revocation of the sentence shall give the offender 
the benefit of the action taken by the sentencing country. 
"§4101. Definitions 
"As used in this chapter the term— 
"(a) 'double criminality' means that at the time of transfer 
of an offender the offense for which he has been sentenced is still 
an offense in the transferring country and is also an offense in the 
receiving country. With regard to a country which has a federal 
form of government, an act shall be deemed to be an offense in 
that country if it is an offense under the federal laws or the laws 
of any state or province thereof; 
" (h) 'imprisonment' means a penalty imposed by a court under 
which the individual is confined to an institution; 
"(c)'juvenile'means— 
"(1) a person who is under eighteen years of age; or 
"(2) for the purpose of proceedings and disposition under 
chapter 403 of this title because of an act of juvenile delin-
quency, a person who is under twenty-one years of age; 
"(d) 'juvenile delinquency' means— 
"(1) a violation of the laws of the United States or a State 
thereof or of a foreign country committed by a juvenile which 
would have been a crime if committed by an adult; or 
' 
"(2) noncriminal acts committed by a juvenile for which 
supervision or treatment by juvenile authorities of the United 
States, a State thereof, or of the foreign country concerned is 
authorized; 
"(e) 'offender' means a person who has been convicted of an 
' offense or who has been adjudged to have committed an act of 
juvenile delinquency; 
"(f) 'parole' means any form of release of an offender from 
imprisonment to the community by a releasing authority prior to 
• ' the expiration of his sentence, subject to conditions imposed by 
the releasing authority and to its supervision; 
" (g) 'probation' means any form of a sentence to a penalty of 
imprisonment the execution of which is suspended and the 
offender is permitted to remain at liberty under supervision and 
subject to conditions for the breach of which the suspended pen-
alty of imprisonment may be ordered executed; 
" (h) 'sentence' means not only the penalty imposed but also the 
judgment of conviction in a criminal case or a judgment of acquit-
tal in the same proceeding, or the adjudication of delinquency in 
a juvenile delinquency proceeding or dismissal of allegations of 
delinquency in the same proceedings; 
"(i) 'State' means any State of the United States, the District 
of Columbia, the Commonwealth of Puerto Eico, and any terri-
tory or possession of the United States; 
"(j) 'transfer' means a transfer of an individual for the pur-
pose of the execution in one country of a sentence imposed by the 
courts of another country; and 
" (k) 'treaty'means a treaty under which an offender sentenced 
in the courts of one country may be transferred to the country of 
which he is a citizen or national for the purpose of serving the 
sentence. 
Pardons, 
commutations, 
and amnesty. 
18 use 4101. 
91 STAT. 1214 
PUBLIC LAW 95-144—OCT. 28, 1977 
18 use 4102. 
Regulations. 
Transportation of 
offenders through 
U.S. territory. 
Juveniles, 
transfer. 
Mentally ill 
offender,,transfer 
and treatment. 
Agents, 
tion. 
Justice 
Department 
officers, authority 
delegation. 
"§ 4102. Authority of the Attorney General 
"The Attorney General is authorized— 
"(1) to act on behalf of the United States as the authority 
referred to in a treaty; 
"(2) to receive custody of offenders under a sentence of impris-
onment, on parole, or on probation who are citizens or nationals 
of the United States transferred from foreign countries and as 
appropriate confine them in penal or correctional institutions, or 
assign them to the parole or probation authorities for supervision; 
" (3) to transfer offenders under a sentence of imprisonment, on 
parole, or on probation to the foreign countries of which they are 
citizens or nationals; 
"(4) to make regulations for the proper implementation of such 
treaties in accordance with this chapter and to make regulations to 
implement this chapter; 
"(5) to render to foreign countries and to receive from them 
the certifications and reports required to be made under such 
treaties; 
"(6) to make arrangements by agreement with the States for 
the transfer of offenders in their custody who are citizens or 
nationals of foreign countries to the foreign coimtries of which 
they are citizens or nationals and for the confinement, where appro-
priate, in State institutions of offenders transferred to the United 
States; 
" (7) to make agreements and establish regulations for the trans-
portation through the territory of the United States of offenders 
convicted in a foreign country who are being transported to a 
third country for the execution of their sentences, the expenses of 
which shall be paid by the country requesting the transportation; 
"(8) to make agreements with the appropriate authorities of a 
foreign country and to issue regulations for the transfer and 
treatment of juveniles who are transferred pursuant to treaty, the 
I 
expenses of which shall be paid by the country of which the 
juvenile is a citizen or national; 
"(9) in concert with the Secretary of Health, Education, and 
Welfare, to make arrangements with the appropriate authorities 
of a foreign country and to issue regulations for the transfer and 
treatment of individuals who are accused of an offense but who 
have been determined to be mentally ill; the expenses of which 
shall be paid by the country of which such person is a citizen or 
national; 
"(10) to designate agents to receive, on behalf of the United 
States, the delivery by a foreign government of any citizen or 
national of the United States being transferred to the United 
States for the purpose of serving a sentence imposed by the courts 
of the foreign country, and to convey him to the place designated 
by the Attorney General. Such agent shall have all the powers of 
a marshal of the United States in the several districts through 
which it may be necessary for him to pass with the offender, so 
far as such power is requisite for the offender's transfer and safe-
keeping; within the territory of a foreign country such agent 
shall have such powers as the authorities of the foreign country 
: 
may accord him; 
"(11) to delegate the authority conferred by this chapter to 
officers of the Department of Justice. 
PUBLIC LAW 95-144—OCT. 28, 1977 
91 STAT. 1215 
Probation officer, 
appointment. 
Probation, 
revocation. 
18 u s e app. 
"§ 4103. Applicability of United States laws 
18 use 4103. 
"All laws of the United States, as appropriate, pertaining to prison-
ers, probationers, parolees, and juvenile offenders shall be applicable 
to offenders transferred to the United States, unless a treaty or this 
chapter provides otherwise. 
"§ 4104. Transfer of offenders on probation 
18 use 4104. 
"(a) Prior to consenting to the transfer to the United States of an 
offender who is on probation, the Attorney General shall determine 
that the appropriate United States district court is willing to under-
take the supervision of the offender. 
" (b) Upon the receipt of an offender on probation from the authori-
ties of a foreign country, the Attorney General shall cause the offender 
to be brought before the United States district court which is to exer-
cise supervision over the offender. 
"(c) The court shall place the offender under supervision of the pro-
bation officer of the court. The offender shall be supervised by a pro-
bation officer, under such conditions as are deemed appropriate by the 
court as though probation had been imposed by the United States 
district court. 
"(d) The probation may be revoked in accordance with section 3653 
of this title and rule 32(f) of the Federal Rules of Criminal Proce-
dure. A violation of the conditions of probation shall constitute 
grounds for revocation. If probation is revoked the suspended sen-
tence imposed by the sentencing court shall be executed. 
"(e) The provisions of sections 4105 and 4106 of this title shall be 
applicable following a revocation of probation. 
(f) Prior to consenting to the transfer from the United States of 
an offender who is on probation, the Attorney General shall obtain 
the assent of the court exercising jurisdiction over the probationer. 
"§ 4105. Transfer of offenders serving sentence of imprisonment 18 USe 4105. 
"(a) Except as provided elsewhere in this section, an offender serv-
ing a sentence of imprisonment in a foreign country transferred to 
the custody of the Attorney General shall remain in the custody of 
the Attorney General under the same conditions and for the same 
period of time as an offender who had been committed to the custody 
of the Attorney General by a court of the United States for the period 
of time imposed by the sentencing court. 
"(b) The transferred offender shall be given credit toward service Sentence service, 
of the sentence for any days, prior to the date of commencement of the credits, 
sentence, spent in custody in connection with the offense or acts for 
which the sentence was imposed. 
"(c) (1) The transferred offender shall be entitled to all credits for 
good time, for labor, or any other credit toward the service of the 
sentence which had been given by the transferring country for time 
served as of the time of the transfer. Subsequent to the transfer, the 
offender shall in addition be entitled to credits for good time, computed 
on the basis of the time remaining to be served at the time of the 
transfer and at the rate provided in section 4161 of this title for a 
sentence of the length of the total sentence imposed and certified by 
the foreign authorities. These credits shall be combined to provide a 
release date for the offender pursuant to section 4164 of this title. 
"(2) If the country from which the offender is transferred does 
not give credit for good time, the basis of computing the deduction 
from the sentence shall be the sentence imposed by the sentencing court 
and certified to be served upon transfer, at the rate provided in section 
4161 of this title. 
29-194 0 
iO - 
79 
91 STAT. 1216 
PUBLIC LAW 95-144—OCT. 28, 1977 
"(3) A transferred offender may earn extra good time deductions, 
as authorized in section 4162 of this title, from the time of transfer. 
"(4) All credits toward service of the sentence, other than the credit 
for time in custody before sentencing, may be forfeited as provided 
in section 4165 of this title and may be restored by the Attorney Gen-
, . 
eral as provided in section 4166 of this title. 
"(5) Any sentence for an offense against the United States, imposed 
while the transferred offender is serving the sentence of imprison-
ment imposed in a foreign country, shall be aggregated with the for-
eign sentence, in the same manner as if the foreign sentence was one 
imposed by a United States district court for an offense against the 
United States. 
18 use 4106. 
«§ 4106. Transfer of offenders on parole; parole of offenders 
transferred 
"(a) Upon the receipt of an offender who is on parole from the 
authorities of a foreign country, the Attorney General shall assign the 
offender to the United States Parole Commission for supervision. 
"(b) The United States Parole Commission and the Chairman of 
the Commission shall have the same powers and duties with reference 
to an offender transferred to the United States to serve a sentence of 
imprisonment or who at the time of transfer is on parole as they have 
with reference to an offender convicted in a court of the United States 
except as otherwise provided in this chapter or in the pertinent treaty. 
Sections 4201 through 4204; 4205 (d), (e), and (h); 4206 through 
4216; and 4218 of this title shall be applicable. 
"(c) An offender transferred to the United States to serve a sentence 
of imprisonment may be released on parole at such time as the Parole 
Commission may determine. 
18 use 4107. 
"§ 4107. Verification of consent of offender to transfer from the 
United States 
" (a) Prior to the transfer of an offender from the United States, the 
fact that the offender consents to such transfer and that such consent 
is voluntary and with full knowledge of the consequences thereof shall 
be verified by a United States magistrate or a judge as defined in sec-
tion 451 of title 28, United States Code, 
eonditions. 
"(b) The verifying officer shall inquire of the offender whether he 
understands and agrees that the transfer will be subject to the follow-
ing conditions: 
"(1) only the appropriate courts in the United States may 
modify or set aside the conviction or sentence, and any proceedings 
seeking such action may only be brought in such courts; 
"(2) the sentence shall be carried out according to the laws of 
the country to which he is to be transferred and that those laws 
are subject to change; 
"(3) if a court in the country to which he is transferred should 
determine upon a proceeding initiated by him or on his behalf 
that his transfer was not accomplished in accordance with the 
treaty or laws of that country, he may be returned to the United 
States for the purpose of completing the sentence if the United 
States re(][uests his return; and 
" (4) his consent to transfer, once verified by the verifying offi-
cer, is irrevocable. 
Counsel 
rights. 
"(c) The verifying officer, before determining that an offender's 
consent is voluntary and given with full knowledge of the conse-
quences, shall advise the offender of his right to consult with counsel as 
provided by this chapter. If the offender wishes to consult with counsel 
PUBLIC LAW 95-144—OCT. 28, 1977 
91 STAT. 1217 
Proceedings 
record. 
Custody. 
18 use 4108. 
Conditions. 
before giving his consent, he shall be advised that the proceedings will 
be continued until he has had an opportunity to consult with counsel. 
"(d) The verifying officer shall make the necessary inquiries to deter-
mine that the offender's consent is voluntary and not the result of any 
pi'omises, threats, or other improper inducements, and that the offender 
accepts the transfer subject to the conditions set forth in subsection 
(b). The consent and acceptance shall be on an appropriate form pre-
scribed by the Attorney General. 
"(e) The proceedings shall be taken doAvn by a reporter or recorded 
by suitable sound recording equipment. The Attorney General shall 
maintain custody of the records. 
"§4108. Verification of consent of offender to transfer to the 
United States 
"(a) Prior to the transfer of an offender to the United States, the 
fact that the offender consents to such transfer and that such consent 
is voluntary and with full knowledge of the consequences thereof shall 
be verified in the country in which the sentence was imposed by a 
United States magistrate, or by a citizen specifically designated by a 
judge of the United States as defined in section 451 of title 28, United 
States Code. The designation of a citizen who is an employee or officer 
of a department or agency of the United States shall be with the 
approval of the head of that department or agency. 
"(b) The verifying officer shall inquire of the offender whether 
he understands and agrees that the transfer will be subject to the 
following conditions: 
" (1) only the country in which he was convicted and sentenced 
can modify or set aside the conviction or sentence, and any pro-
ceedings seeking such action may only be brought in that 
country; 
"(2) the sentence shall be carried out according to the laws of 
the United States and that those laws are subject to change; 
"(3) if a United States court should determine upon a pro-
ceeding initiated by him or on his behalf that his transfer was 
not accomplished in accordance with the treaty or laws of the 
United States, he may be returned to the country which imposed 
the sentence for the purpose of completing the sentence if that 
country requests his return; and 
"(4) his consent to transfer, once verified by the verifying 
officer, is irrevocable. 
"(c) The verifying officer, before determining that an offender's Counsel rights, 
consent is voluntary and given with full knowledge of the conse-
quences, shall advise the offender of his right to consult with counsel 
as provided by this chapter. If the offender wishes to consult with 
counsel before giving his consent, he shall be advised that the proceed-
ings will be continued until he has had an opportunity to consult with 
counsel. 
"(d) The verifying officer shall make the necessary inquiries to 
determine that the offender's consent is voluntary and not the result of 
any promises, threats, or other improper inducements, and that the 
offender accepts the transfer subject to the conditions set forth in sub-
section (b). The consent and acceptance shall be on an appropriate 
form prescribed by the Attorney General. 
"(e) The proceedings shall be taken down by a reporter or recorded 
by suitable sound recording equipment. The Attorney General shall 
maintain custody of the records. 
Proceedings 
record. 
Custody. 
91 STAT. 1218 
PUBLIC LAW 95-144—OCT. 28, 1977 
Regulations. 
Counsel fees, 
payment. 
18 use 4109. 
"§ 4109. Right to counsel, appointment of counsel 
"In proceedings to verify consent of an offender for transfer, the 
offender shall have the right to advice of counsel. If the offender is 
financially unable to obtain counsel— 
"(1) counsel for proceedings conducted under section 4107 
shall be appointed in accordance with the Criminal Justice Act 
(18 U.S.C. 3006A). Such appointment shall be considered an 
appointment in a misdemeanor case for purposes of compensa-
tion under the Act; 
"(2) counsel for proceedings conducted under section 4108 
shall be appointed by the verifying officer pursuant to such regu-
lations as may be prescribed by the Director of the Administrative 
Office of the United States Courts. The Secretary of State shall 
make payments of fees and expenses of the ai)pointed counsel, in 
amounts approved by the verifying officer, which shall not exceed 
the amounts authorized under the Criminal Justice Act (18 U.S.C. 
8006(a)) for representation in a misdemeanor case. Payment in 
excess of the maximum amount authorized may be made for 
extended or complex representation whenever the verifying 
officer 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 United States court of appeals for the 
appropriate circuit. Counsel from other agencies in any branch 
of the Government may be appointed: Provided^ That in such 
cases the Secretary of State shall pay counsel directly, or reim-
burse the employing agency for travel and transportation 
expenses. Notwithstanding section 3648 of the revised statutes as 
amended (31 U.S.C. 529), the Secretary may make advance pay-
ments of travel and transportation expenses to counsel appointed 
under this subsection. 
18 use 4110. 
«§ 4110. Transfer of juveniles 
"An offender transferred to the United States because of an act 
which would have been an act of juvenile delinquency had it been 
committed in the United States or s^nj State thereof shall be subject 
18 use 5031. 
to the provisions of chapter 403 of this title except as otherwise pro-
vided in the relevant treaty or in an agreement pursuant to such treaty 
between the Attorney General and the authority of the foreign country. 
18 use 4111. 
"§4111. Prosecution barred by foreign conviction 
"An offender transferred to the United States shall not be detained, 
l)rosecuted, tried, or sentenced by the United States, or any State 
thereof for any offense the prosecution of which would have been 
barred if the sentence upon which the transfer was based had been by 
a court of the jurisdiction seeking to prosecute the transferred offender, 
or if prosecution would have been barred by the laws of the jurisdiction 
seeking to prosecute the transferred offender if the sentence on which 
the transfer was based had been issued by a court of the United States 
or by a court of another State. 
18 use 4112. 
«§ 4112. Loss of rights, disqualification 
"An offender transferred to the United States to serve a sentence 
imposed by a foreign court shall not incur any loss of civil, political, 
or civic rights nor incur any disqualification other than those which 
imder the laws of the United States or of the State in which the issue 
arises would result from the fact of the conviction in the foreign 
country. 
PUBLIC LAW 95-144—OCT. 28, 1977 
91 STAT. 1219 
"§ 4113. Status of alien offender transferred to a foreign country 18 use 4113. 
"(a) An alien who is deportable from the United States but who 
has been granted voluntary departure pursuant to section 1252(b) or 
section 1254(e) of title 8, United States Code, and who is transferred 
to a foreign countiy pursuant to this chapter shall be deemed for all 
purposes to have voluntarily departed from this country. 
"(b) An alien who is the subject of an order of deportation from 
the United States pursuant to section 1252 of title 8, United States 
Code, who is transferred to a foreign country pursuant to this chapter 
shall be deemed for all purposes to have been deported from this 
country. 
"(c) An alien who is the subject of an order of exclusion and deporta-
tion from the United States pursuant to section 1226 of title 8, United 
States Code, who is transferred to a foreign country pursuant to this 
chapter shall be deemed for all purposes to have been excluded from 
admission and deported from the United States. 
"§ 4114. Return of transferred offenders 
18 USC 4114. 
"(a) Upon a final decision by the courts of the United States that 
the transfer of the offender to the United States was not in accordance 
with the treaty or the laws of the United States and ordering the 
offender released from serving the sentence in the United States the 
offender may be returned to the country from which he was transferred 
to complete the sentence if the country in which the sentence was 
imposed requests his return. The Attorney General shall notify the 
appropriate authority of the country which imposed the sentence, 
within ten days, of a final decision of a court of the United States 
ordering the offender released. The notification shall specify the time 
within which the sentencing country must request the return of the 
offender which shall be no longer than thirty days. 
"(b) Upon receiving a request from the sentencing country that the Complaint, filing, 
offender ordered released be returned for the completion of his sen-
tence, the Attorney General may file a complaint for the return of the 
offender with any justice or judge of the United States or any author-
ized magistrate within whose jurisdiction the offender is found. The 
complaint shall be upon oath and supported by affidavits establishing 
that the offender was convicted and sentenced by the courts of the 
country to which his return is requested; the offender was transferred 
to the United States for the execution of his sentence; the offender was 
ordered released by a court of the United States before he had com-
pleted his sentence because the transfer of the offender was not in 
accordance with the treaty or the laws of the United States; and that 
the sentencing country has requested that he be returned for the com-
pletion of the sentence. There shall be attached to the complaint a copy 
of the sentence of the sentencing court and of the decision of the court 
which ordered the offender released. 
"A summons or a warrant shall be issued by the justice, judge or 
magistrate ordering the offender to appear or to be brought before 
the issuing authority. If the justice, judge, or magistrate finds that 
the person before him is the offender described in the complaint and 
that the facts alleged in the complaint are true, he shall issue a warrant 
for commitment of the offender to the custody of the Attorney General 
until surrender shall be made. The findings and a copy of all the testi-
Summons or 
warrant, 
issuance. 
91 STAT. 1220 
PUBLIC LAW 95-144—OCT. 28, 1977 
mony taken before him and of all documents introduced before him 
shall be transmitted to the Secretary of State, that a Return Warrant 
may issue upon the requisition of the proper authorities of the sen-
tencing country, for the surrender of offender. 
"(c) A complaint referred to in subsection (b) must be filed within 
sixty days from the date on which the decision ordering the release of 
the offender becomes final. 
"(d) An offender returned under this section shall be subject to the 
jurisdiction of the country to which he is returned for all purposes. 
"(e) The return of an offender shall be conditioned upon the offender 
being given credit toward service of the sentence for the time spent in 
the custody of or under the supervision of the United States. 
" (f) Sections 3186, 3188 through 3191, and 3195 of this title shall be 
applicable to the return of an offender under this section. However, an 
offender returned under this section shall not be deemed to have been 
extradited for any purpose. 
"(g) An offender whose return is sought pursuant to this section 
may be admitted to bail or be released on his own recognizance at any 
stage of the proceedings. 
18 use 4115. 
"§ 4115. Execution of sentences imposing an obligation to make 
restitution or reparations 
"If in a sentence issued in a penal proceeding of a transferring coun-
try an offender transferred to the United States has been ordered to 
pay a sum of money to the victim of the offense for damage caused 
by the offense, that penalty or award of damages may be enforced 
as thouflfh it were a civil judgment rendered by a United States district 
court. Proceedings to collect the moneys ordered to be paid may be 
instituted by the Attorney General in any United States district court. 
Moneys recovered pursuant to such proceedings shall be transmitted 
•r " 
through diplomatic channels to the treaty authority of the transferring 
country for distribution to the victim.". 
SEC.'2. That section 636 of title 28, United States Code, is amended 
by adding a subsection (f) as follows: 
"(f) A United States magistrate may perform the verification 
function required by section 4107 of title 18, United States Code. 
A magistrate may be assigned by a judge of any United States district 
court to perform the verification required by section 4108 and the 
appointment of counsel authorized by section 4109 of title 18, United 
States Code, and may perform such functions beyond the territorial 
limits of the United States. A magistrate assigned such functions shall 
have no authority to perform any other function within the territory 
of a foreign country.". 
SEC. 3. That chajater 153 of title 28, United States Code, is amended 
by adding the following section: 
28 use 2256. 
"§2256. Jurisdiction of proceedings relating to transferred 
offenders 
"When a treaty is in effect between the United States and a foreign 
country providing for the transfer of convicted offenders— 
Exclusive 
" (1) the country in which the offender was convicted shall have 
jurisdiction. 
exclusive jurisdiction and competence over proceedings seeking to 
challenge, modify, or set aside convictions or sentences handed 
down by a court of such country; 
PUBLIC LAW 95-144—OCT. 28, 1977 
91 STAT. 1221 
"(2) all proceedings instituted by or on behalf of an offender 
transferred from the United States to a foreign country seeking 
to challenge, modify, or set aside the conviction or sentence uj)on 
which the transfer was based shall be brought in the court which 
would have jurisdiction and competence if the offender had not 
been transferred; 
"(3) all proceedings instituted by or on behalf of an offender 
transferred to the United States pertaining to the manner of 
execution in the United States of the sentence imposed by a for-
eign court shall be brought in the United States district court for 
the district in which the offender is confined or in which super-
vision is exercised and shall name the Attorney General and the 
official having immediate custody or exercising immediate super-
vision of the offender as respondents. The Attorney General shall 
defend against such proceedings; 
"(4) all proceedings instituted by or on behalf of an offender 
seeking to challenge the validity or legality of the offender's 
transfer from the United States shall be brought in the United 
States district court of the district in which the proceedings to 
determine the validity of the offender's consent were held and 
shall name the Attorney General as respondent; and 
"(5) all proceedings instituted by or on behalf of an offender 
seeking to challenge the validity or legality of the offender's 
transfer to the United States shall be brought in the United States 
district court of the district in which the offender is confined or of 
the district in which supervision is exercised and shall name the 
Attorney General and the official having immediate custody or 
exercising immediate supervision of the offender as respondents. 
The Attorney General shall defend against such proceedings.". 
SEC. 4. That chapter 48, title 10, United States Code, is amended by 
adding the following section: 
*
*
§ 955. Prisoners transferred to or from foreign countries 
"(a) When a treaty is in effect between the United States and a 
foreign country providing for the transfer of convicted offenders, 
the Secretary concerned may, with the concurrence of the Attorney 
General, transfer to said foreign country any offender against chapter 
47 of this title. Said transfer shall be effected subject to the terms of 
said treaty and chapter 306 of title 18, United States Code. 
"(b) Whenever the United States is party to an agreement on the 
status of forces under which the United States may request that it 
take custody of a prisoner belonging to its armed forces who is confined 
by order of a foreign court, the Secretary concerned may provide for 
the carrying out of the terms of such confinement in a military correc-
tional facility of his department or in any penal or correctional institu-
tion under the control of the United States or which the United States 
may be allowed to use. Except as otherwise specified in such agreement, 
such person shall be treated as if he were an offender against chapter 
47 of this title.". 
SEC. 5. (a) There is authorized to be appropriated such funds as 
may be required to carry out the purposes of this Act. 
(b) The Attorney General shall certify to the Secretary of State 
the expenses of the United States related to the return of an offender 
to the foreign country of which the offender is a citizen or national for 
10 use 955. 
Offenders 
belonging to U.S. 
armed forces, 
transfer. 
Appropriation 
authorization. 
18 u s e 4100 
note. 
18 u s e 4102 
note. 
91 STAT. 1222 
PUBLIC LAW 95-144—OCT. 28, 1977 
which the United States is entitled to seek reimbursement from that 
country under a treaty providing for transfer and. reimbursement. 
18 use 3006A 
(c) The Attorney General shall certify to the Administrative Office 
°o*«- 
of the United States Courts those expenses which it is obligated to pay 
on behalf of an indigent offender under section 3006A of title 18, 
United States Code, and similar statutes. 
Approved October 28, 1977. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-720 (Coram, on the Judiciary). 
SENATE REPORT No. 95-435 (Coram, on the Judiciary). 
CONGRESSIONAL RECORD, VoL 123 (1977): 
Sept. 21, considered and passed Senate. 
Oct. 25, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 44: 
Oct. 28, Presidential stateraent.