-CITE-

18 USC CHAPTER 306 - TRANSFER TO OR FROM FOREIGN

COUNTRIES 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

.

-HEAD-

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-MISC1-

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.

4106A. 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.

AMENDMENTS

1988 - Pub. L. 100-690, title VII, Sec. 7101(c), Nov. 18, 1988,

102 Stat. 4415, added item 4106A.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 10 section 955.

-CITE-

18 USC Sec. 4100 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4100. Scope and limitation of chapter

-STATUTE-

(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 subsequently 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transferred is no longer in force.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

pursuant 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 consent, 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, or is deemed by the verifying officer

to be mentally incompetent or otherwise incapable of knowingly and

voluntarily consenting to the transfer, the transfer shall not be

accomplished unless consent to the transfer be given by a parent or

guardian, guardian ad litem, or by an appropriate court of the

sentencing country. The appointment of a guardian ad litem shall

be independent of the appointment of counsel under section 4109 of

this title.

(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.

(d) The United States upon receiving notice from the country

which imposed the sentence that the offender has been granted a

pardon, commutation, or amnesty, or that there has been an

ameliorating modification or a revocation of the sentence shall

give the offender the benefit of the action taken by the sentencing

country.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1212;

amended Pub. L. 100-690, title VII, Sec. 7101(e), Nov. 18, 1988,

102 Stat. 4416.)

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-690 inserted '', or is deemed by

the verifying officer to be mentally incompetent or otherwise

incapable of knowingly and voluntarily consenting to the

transfer,'' after ''under eighteen years of age'', '', guardian ad

litem,'' after ''guardian'', and ''The appointment of a guardian ad

litem shall be independent of the appointment of counsel under

section 4109 of this title.''

AUTHORIZATION OF APPROPRIATIONS

Section 5(a) of Pub. L. 95-144 provided that: ''There is

authorized to be appropriated such funds as may be required to

carry out the purposes of this Act (which enacted this chapter and

sections 955 of Title 10, Armed Forces, and 2256 of Title 28,

Judiciary and Judicial Procedure, amended section 636 of Title 28,

and enacted provisions set out as notes under sections 3006A, 4100,

and 4102 of this title)''.

PRISONER TRANSFER TREATIES

Pub. L. 104-208, div. C, title III, Sec. 330, Sept. 30, 1996,

110 Stat. 3009-631, provided that:

''(a) Negotiations With Other Countries. - (1) Congress advises

the President to begin to negotiate and renegotiate, not later than

90 days after the date of enactment of this Act (Sept. 30, 1996),

bilateral prisoner transfer treaties, providing for the

incarceration, in the country of the alien's nationality, of any

alien who -

''(A) is a national of a country that is party to such a

treaty; and

''(B) has been convicted of a criminal offense under Federal or

State law and who -

''(i) is not in lawful immigration status in the United

States, or

''(ii) on the basis of conviction for a criminal offense

under Federal or State law, or on any other basis, is subject

to deportation or removal under the Immigration and Nationality

Act (8 U.S.C. 1101 et seq.),

for the duration of the prison term to which the alien was

sentenced for the offense referred to in subparagraph (B). Any such

agreement may provide for the release of such alien pursuant to

parole procedures of that country.

''(2) In entering into negotiations under paragraph (1), the

President may consider providing for appropriate compensation,

subject to the availability of appropriations, in cases where the

United States is able to independently verify the adequacy of the

sites where aliens will be imprisoned and the length of time the

alien is actually incarcerated in the foreign country under such a

treaty.

''(b) Sense of Congress. - It is the sense of the Congress that -

''(1) the focus of negotiations for such agreements should be -

''(A) to expedite the transfer of aliens unlawfully in the

United States who are (or are about to be) incarcerated in

United States prisons,

''(B) to ensure that a transferred prisoner serves the

balance of the sentence imposed by the United States courts,

''(C) to eliminate any requirement of prisoner consent to

such a transfer, and

''(D) to allow the Federal Government or the States to keep

their original prison sentences in force so that transferred

prisoners who return to the United States prior to the

completion of their original United States sentences can be

returned to custody for the balance of their prisons (sic)

sentences;

''(2) the Secretary of State should give priority to concluding

an agreement with any country for which the President determines

that the number of aliens described in subsection (a) who are

nationals of that country in the United States represents a

significant percentage of all such aliens in the United States;

and

''(3) no new treaty providing for the transfer of aliens from

Federal, State, or local incarceration facilities to a foreign

incarceration facility should permit the alien to refuse the

transfer.

''(c) Prisoner Consent. - Notwithstanding any other provision of

law, except as required by treaty, the transfer of an alien from a

Federal, State, or local incarceration facility under an agreement

of the type referred to in subsection (a) shall not require consent

of the alien.

''(d) Annual Report. - Not later than 90 days after the date of

the enactment of this Act (Sept. 30, 1996), and annually

thereafter, the Attorney General shall submit a report to the

Committees on the Judiciary of the House of Representatives and of

the Senate stating whether each prisoner transfer treaty to which

the United States is a party has been effective in the preceding 12

months in bringing about the return of deportable incarcerated

aliens to the country of which they are nationals and in ensuring

that they serve the balance of their sentences.

''(e) Training Foreign Law Enforcement Personnel. - (1) Subject

to paragraph (2), the President shall direct the Border Patrol

Academy and the Customs Service Academy to enroll for training an

appropriate number of foreign law enforcement personnel, and shall

make appointments of foreign law enforcement personnel to such

academies, as necessary to further the following United States law

enforcement goals:

''(A) Preventing of drug smuggling and other cross-border

criminal activity.

''(B) Preventing illegal immigration.

''(C) Preventing the illegal entry of goods into the United

States (including goods the sale of which is illegal in the

United States, the entry of which would cause a quota to be

exceeded, or the appropriate duty or tariff for which has not

been paid).

''(2) The appointments described in paragraph (1) shall be made

only to the extent there is capacity in such academies beyond what

is required to train United States citizens needed in the Border

Patrol and Customs Service, and only of personnel from a country

with which the prisoner transfer treaty has been stated to be

effective in the most recent report referred to in subsection (d).

''(f) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

section.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4109 of this title.

-CITE-

18 USC Sec. 4101 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4101. Definitions

-STATUTE-

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;

(b) ''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

delinquency, 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, including a term

of supervised release pursuant to section 3583;

(g) ''probation'' means any form of a sentence under which the

offender is permitted to remain at liberty under supervision and

subject to conditions for the breach of which a penalty 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

acquittal 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 Rico, and any

territory or possession of the United States;

(j) ''transfer'' means a transfer of an individual for the

purpose 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1213;

amended Pub. L. 98-473, title II, Sec. 223(m)(1), Oct. 12, 1984, 98

Stat. 2029.)

-MISC1-

AMENDMENTS

1984 - Subsec. (f). Pub. L. 98-473 inserted ''including a term of

supervised release pursuant to section 3583'' after

''supervision''.

Subsec. (g). Pub. L. 98-473 substituted ''under which'' for ''to

a penalty of imprisonment the execution of which is suspended'' and

''a'' for ''the suspended'' before ''penalty''.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-CITE-

18 USC Sec. 4102 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4102. Authority of the Attorney General

-STATUTE-

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

imprisonment, 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 countries of which

they are citizens or nationals and for the confinement, where

appropriate, in State institutions of offenders transferred to

the United States;

(7) to make agreements and establish regulations for the

transportation 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 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 safekeeping; 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1214.)

-CHANGE-

CHANGE OF NAME

Secretary and Department of Health, Education, and Welfare

redesignated Secretary and Department of Health and Human Services

by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.

695, which is classified to section 3508(b) of Title 20, Education.

-MISC4-

CERTIFICATION BY ATTORNEY GENERAL TO SECRETARY OF STATE FOR

REIMBURSEMENT OF EXPENSES INCURRED UNDER TRANSFER TREATY

Section 5(b) of Pub. L. 95-144 provided that: ''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 which

the United States is entitled to seek reimbursement from that

country under a treaty providing for transfer and reimbursement.''

-CITE-

18 USC Sec. 4103 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4103. Applicability of United States laws

-STATUTE-

All laws of the United States, as appropriate, pertaining to

prisoners, probationers, parolees, and juvenile offenders shall be

applicable to offenders transferred to the United States, unless a

treaty or this chapter provides otherwise.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1215.)

-CITE-

18 USC Sec. 4104 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4104. Transfer of offenders on probation

-STATUTE-

(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 undertake the supervision of the offender.

(b) Upon the receipt of an offender on probation from the

authorities of a foreign country, the Attorney General shall cause

the offender to be brought before the United States district court

which is to exercise supervision over the offender.

(c) The court shall place the offender under supervision of the

probation officer of the court. The offender shall be supervised

by a probation 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 3565

of this title and the applicable provisions of the Federal Rules of

Criminal Procedure. A violation of the conditions of probation

shall constitute grounds for revocation. If probation is revoked

the suspended sentence 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1215;

amended Pub. L. 107-273, div. B, title IV, Sec. 4002(e)(6), Nov.

2, 2002, 116 Stat. 1810.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-273 substituted ''section 3565 of

this title and the applicable provisions of'' for ''section 3653 of

this title and rule 32(f) of''.

-CITE-

18 USC Sec. 4105 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4105. Transfer of offenders serving sentence of imprisonment

-STATUTE-

(a) Except as provided elsewhere in this section, an offender

serving 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

of the sentence for any days, prior to the date of commencement of

the 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

toward service of sentence for satisfactory behavior, computed on

the basis of the time remaining to be served at the time of the

transfer and at the rate provided in section 3624(b) 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 3624(a) 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 3624(b) of this title.

(3) Credit toward service of sentence may be withheld as provided

in section 3624(b) of this title.

(4) Any sentence for an offense against the United States,

imposed while the transferred offender is serving the sentence of

imprisonment imposed in a foreign country, shall be aggregated with

the foreign 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1215;

amended Pub. L. 98-473, title II, Sec. 223(m)(2), Oct. 12, 1984, 98

Stat. 2029.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(1). Pub. L. 98-473 substituted ''toward

service of sentence for satisfactory behavior'' for ''for good

time'', ''3624(b)'' for ''4161'', and ''3624(a)'' for ''4164''.

Subsec. (c)(2). Pub. L. 98-473 substituted ''3624(b)'' for

''4161''.

Subsec. (c)(3), (4). Pub. L. 98-473 redesignated par. (4) as (3)

and amended it generally, and struck out former par. (3). Prior to

redesignation and amendment, former pars. (3) and (4) read as

follows:

''(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 General as provided in section 4166 of this title.''

Subsec. (c)(5). Pub. L. 98-473 redesignated par. (5) as (4).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4104 of this title.

-CITE-

18 USC Sec. 4106 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4106. Transfer of offenders on parole; parole of offenders

transferred

-STATUTE-

(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 4215; and 4218 (FOOTNOTE 1) of this title

shall be applicable.

(FOOTNOTE 1) See References in Text note below.

(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.

(d) This section shall apply only to offenses committed before

November 1, 1987, and the Parole Commission's performance of its

responsibilities under this section shall be subject to section 235

of the Comprehensive Crime Control Act of 1984.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1216;

amended Pub. L. 98-473, title II, Sec. 223(m)(3), Oct. 12, 1984, 98

Stat. 2029; Pub. L. 100-182, Sec. 14, Dec. 7, 1987, 101 Stat. 1268;

Pub. L. 100-690, title VII, Sec. 7072(c), Nov. 18, 1988, 102 Stat.

4405.)

-REFTEXT-

REFERENCES IN TEXT

Sections 4201 through 4204; 4205(d), (e), and (h); 4206 through

4215; and 4218 of this title, referred to in subsec. (b), were

repealed effective Nov. 1, 1987, by Pub. L. 98-473, title II, Sec.

218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031,

2032, subject to remaining effective for five years after Nov. 1,

1987, in certain circumstances.

Section 235 of the Comprehensive Crime Control Act of 1984,

referred to in subsec. (d), is set out as an Effective Date note

under section 3551 of this title.

-MISC2-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-690 substituted ''4215'' for

''4216''.

1987 - Pub. L. 100-182 amended section generally. Prior to

amendment, section read as follows:

''(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 Probation System for supervision.

''(b) An offender transferred to the United States to serve a

sentence of imprisonment shall be released pursuant to section

3624(a) of this title after serving the period of time specified in

the applicable sentencing guideline promulgated pursuant to 28

U.S.C. 994(a)(1). He shall be released to serve a term of

supervised release for any term specified in the applicable

guideline. The provisions of section 3742 of this title apply to a

sentence to a term of imprisonment under this subsection, and the

United States court of appeals for the district in which the

offender is imprisoned after transfer to the United States has

jurisdiction to review the period of imprisonment as though it had

been imposed by the United States district court.''

1984 - Subsec. (a). Pub. L. 98-473 substituted ''Probation

System'' for ''Parole Commission''.

Subsec. (b). Pub. L. 98-473 amended subsec. (b) generally. Prior

to amendment, subsec. (b) read as follows: ''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.''

Subsec. (c). Pub. L. 98-473 struck out subsec. (c) which read as

follows: ''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.''

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4104 of this title.

-CITE-

18 USC Sec. 4106A 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4106A. Transfer of offenders on parole; parole of offenders

transferred

-STATUTE-

(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)(1)(A) The United States Parole Commission shall, without

unnecessary delay, determine a release date and a period and

conditions of supervised release for an offender transferred to the

United States to serve a sentence of imprisonment, as though the

offender were convicted in a United States district court of a

similar offense.

(B) In making such determination, the United States Parole

Commission shall consider -

(i) any recommendation of the United States Probation Service,

including any recommendation as to the applicable guideline

range; and

(ii) any documents provided by the transferring country;

relating to that offender.

(C) The combined periods of imprisonment and supervised release

that result from such determination shall not exceed the term of

imprisonment imposed by the foreign court on that offender.

(D) The duties conferred on a United States probation officer

with respect to a defendant by section 3552 of this title shall,

with respect to an offender so transferred, be carried out by the

United States Probation Service.

(2)(A) A determination by the United States Parole Commission

under this subsection may be appealed to the United States court of

appeals for the circuit in which the offender is imprisoned at the

time of the determination of such Commission. Notice of appeal must

be filed not later than 45 days after receipt of notice of such

determination.

(B) The court of appeals shall decide and dispose of the appeal

in accordance with section 3742 of this title as though the

determination appealed had been a sentence imposed by a United

States district court.

(3) During the supervised release of an offender under this

subsection, the United States district court for the district in

which the offender resides shall supervise the offender.

(c) This section shall apply only to offenses committed on or

after November 1, 1987.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7101(a), Nov. 18, 1988, 102

Stat. 4415; amended Pub. L. 101-647, title XXXV, Sec. 3599B, 3599C,

Nov. 29, 1990, 104 Stat. 4931, 4932.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-647, Sec. 3599B, inserted ''of'' before second

reference to ''offenders'' in section catchline.

Subsec. (b)(1)(C). Pub. L. 101-647, Sec. 3599C, inserted period

at end.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3006A, 4109 of this

title.

-CITE-

18 USC Sec. 4107 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4107. Verification of consent of offender to transfer from the

United States

-STATUTE-

(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 judge or a

judge as defined in section 451 of title 28, United States Code.

(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 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 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

consent is voluntary and given with full knowledge of the

consequences, 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 proceedings 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 subsection (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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1216;

amended Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117.)

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4109 of this title; title

28 section 636.

-CITE-

18 USC Sec. 4108 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4108. Verification of consent of offender to transfer to the

United States

-STATUTE-

(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 judge, 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

proceedings 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 proceeding

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

consent is voluntary and given with full knowledge of the

consequences, 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 proceedings 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 subsection (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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1217;

amended Pub. L. 98-473, title II, Sec. 223(m)(4), Oct. 12, 1984, 98

Stat. 2030; Pub. L. 100-690, title VII, Sec. 7101(b), Nov. 18,

1988, 102 Stat. 4415; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-690 struck out ''including any

term of imprisonment or term of supervised release specified in the

applicable sentencing guideline promulgated pursuant to 28 U.S.C.

944(a)(1),'' after ''consequences thereof,''.

1984 - Subsec. (a). Pub. L. 98-473 inserted '', including any

term of imprisonment or term of supervised release specified in the

applicable sentencing guideline promulgated pursuant to 28 U.S.C.

994(a)(1),'' after ''consequences thereof''.

-CHANGE-

CHANGE OF NAME

''United States magistrate judge'' substituted for ''United

States magistrate'' in subsec. (a) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and

applicable only to offenses committed after the taking effect of

such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as

an Effective Date note under section 3551 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 636.

-CITE-

18 USC Sec. 4109 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4109. Right to counsel, appointment of counsel

-STATUTE-

(a) 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 section 3006A of this title.

Such appointment shall be considered an appointment in a

misdemeanor case for purposes of compensation under the Act;

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be ''section 3006A

of this title;''. See 1990 Amendment note below.

(2) counsel for proceedings conducted under section 4108 shall

be appointed by the verifying officer pursuant to such

regulations 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

appointed counsel, in amounts approved by the verifying officer,

which shall not exceed the amounts authorized under section 3006A

of this title 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 reimburse

the employing agency for travel and transportation expenses.

Notwithstanding section 3324(a) and (b) of title 31, the

Secretary may make advance payments of travel and transportation

expenses to counsel appointed under this subsection.

(b) Guardians ad litem appointed by the verifying officer under

section 4100 of this title to represent offenders who are

financially unable to provide for compensation and travel expenses

of the guardian ad litem shall be compensated and reimbursed under

subsection (a)(1) of this section.

(c) The offender shall have the right to advice of counsel in

proceedings before the United States Parole Commission under

section 4106A of this title and in an appeal from a determination

of such Commission under such section. If the offender is

financially unable to obtain counsel, counsel for such proceedings

and appeal shall be appointed under section 3006A of this title.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1218;

amended Pub. L. 97-258, Sec. 3(e)(2), Sept. 13, 1982, 96 Stat.

1064; Pub. L. 100-690, title VII, Sec. 7101(d), Nov. 18, 1988, 102

Stat. 4416; Pub. L. 101-647, title XXXV, Sec. 3598, Nov. 29, 1990,

104 Stat. 4931.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-647 substituted ''section 3006A

of this title'' for ''the Criminal Justice Act (18 U.S.C. 3006A)''

in par. (1) and for ''the Criminal Justice Act (18 U.S.C.

3006(a))'' in par. (2).

1988 - Pub. L. 100-690 designated existing provisions as subsec.

(a) and added subsecs. (b) and (c).

1982 - Par. (2). Pub. L. 97-258 substituted ''section 3324(a) and

(b) of title 31'' for ''section 3648 of the Revised Statutes as

amended (31 U.S.C. 529)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3006A, 4100 of this

title; title 28 section 636.

-CITE-

18 USC Sec. 4110 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4110. Transfer of juveniles

-STATUTE-

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 any State thereof shall be

subject to the provisions of chapter 403 of this title except as

otherwise provided in the relevant treaty or in an agreement

pursuant to such treaty between the Attorney General and the

authority of the foreign country.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1218.)

-CITE-

18 USC Sec. 4111 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4111. Prosecution barred by foreign conviction

-STATUTE-

An offender transferred to the United States shall not be

detained, prosecuted, 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1218.)

-CITE-

18 USC Sec. 4112 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4112. Loss of rights, disqualification

-STATUTE-

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 under 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1218.)

-CITE-

18 USC Sec. 4113 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4113. Status of alien offender transferred to a foreign

country

-STATUTE-

(a) An alien who is deportable from the United States but who has

been granted voluntary departure pursuant to section 240B of the

Immigration and Nationality Act and who is transferred to a foreign

country 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 removal from the

United States pursuant to section 240 of the Immigration and

Nationality Act who is transferred to a foreign country pursuant to

this chapter shall be deemed for all purposes to have been removed

from this country.

(c) An alien who is the subject of an order of removal from the

United States pursuant to section 240 of the Immigration and

Nationality Act, who is transferred to a foreign country pursuant

to this chapter shall be deemed for all purposes to have been

excluded from admission and removed from the United States.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1219;

amended Pub. L. 104-208, div. C, title III, Sec. 308(d)(4)(U),

(e)(1)(Q), (2)(I), (g)(3)(B), (5)(A)(iv), Sept. 30, 1996, 110 Stat.

3009-619, 3009-620, 3009-622, 3009-623.)

-REFTEXT-

REFERENCES IN TEXT

Section 240B of the Immigration and Nationality Act, referred to

in subsec. (a), is classified to section 1229c of Title 8, Aliens

and Nationality.

Section 240 of the Immigration and Nationality Act, referred to

in subsecs. (b) and (c), is classified to section 1229a of Title 8.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-208, Sec. 308(g)(5)(A)(iv)(I),

substituted ''section 240B of the Immigration and Nationality Act''

for ''section 1252(b) or section 1254(e) of title 8, United States

Code,''.

Subsec. (b). Pub. L. 104-208, Sec. 308(g)(5)(A)(iv)(II),

substituted ''section 240 of the Immigration and Nationality Act''

for ''section 1252 of title 8, United States Code,''.

Pub. L. 104-208, Sec. 308(e)(1)(Q), (2)(I), substituted

''removal'' for ''deportation'' and ''removed'' for ''deported''.

Subsec. (c). Pub. L. 104-208, Sec. 308(g)(3)(B), substituted

''240 of the Immigration and Nationality Act'' for ''1226 of title

8, United States Code''.

Pub. L. 104-208, Sec. 308(d)(4)(U), (e)(2)(I), substituted

''removal'' for ''exclusion and deportation'' and ''removed'' for

''deported''.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 104-208 effective, with certain transitional

provisions, on the first day of the first month beginning more than

180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,

set out as a note under section 1101 of Title 8, Aliens and

Nationality.

-CITE-

18 USC Sec. 4114 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4114. Return of transferred offenders

-STATUTE-

(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

offender ordered released be returned for the completion of his

sentence, the Attorney General may file a complaint for the return

of the offender with any justice or judge of the United States or

any authorized magistrate judge 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 completed 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 completion 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 judge ordering the offender to appear or to be brought

before the issuing authority. If the justice, judge, or magistrate

judge 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 testimony 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 sentencing 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.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1219;

amended Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117.)

-CHANGE-

CHANGE OF NAME

Words ''magistrate judge'' substituted for ''magistrate''

wherever appearing in subsec. (b) pursuant to section 321 of Pub.

L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-CITE-

18 USC Sec. 4115 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART III - PRISONS AND PRISONERS

CHAPTER 306 - TRANSFER TO OR FROM FOREIGN COUNTRIES

-HEAD-

Sec. 4115. Execution of sentences imposing an obligation to make

restitution or reparations

-STATUTE-

If in a sentence issued in a penal proceeding of a transferring

country 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 though 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 through diplomatic channels to the

treaty authority of the transferring country for distribution to

the victim.

-SOURCE-

(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1220.)

-CITE-