§ 3195. — Payment of fees and costs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3195]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 209--EXTRADITION
Sec. 3195. Payment of fees and costs
All costs or expenses incurred in any extradition proceeding in
apprehending, securing, and transmitting a fugitive shall be paid by the
demanding authority.
All witness fees and costs of every nature in cases of international
extradition, including the fees of the magistrate judge, shall be
certified by the judge or magistrate judge before whom the hearing shall
take place to the Secretary of State of the United States, and the same
shall be paid out of appropriations to defray the expenses of the
judiciary or the Department of Justice as the case may be.
The Attorney General shall certify to the Secretary of State the
amounts to be paid to the United States on account of said fees and
costs in extradition cases by the foreign government requesting the
extradition, and the Secretary of State shall cause said amounts to be
collected and transmitted to the Attorney General for deposit in the
Treasury of the United States.
(June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90-578, title III,
Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 662, 662c, 662d, 668
(R.S. Sec. 5278; Aug. 3, 1882, ch. 378, Sec. 4, 22 Stat. 216; June 28,
1902, ch. 1301, Sec. 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, Secs. 2, 3,
48 Stat. 455).
First paragraph of this section consolidates provisions as to costs
and expenses from said sections 662, 662c, and 662d.
Minor changes were made in phraseology and surplusage was omitted.
Remaining provisions of said sections 662, 662c, and 662d of title
18, U.S.C., 1940 ed., are incorporated in sections 752, 3182, 3183, and
3187 of this title.
The words ``or the Department of Justice as the case may be'' were
added at the end of the second paragraph in conformity with the
appropriation acts of recent years. See for example act July 5, 1946,
ch. 541, title II, 60 Stat. 460.
Amendments
1968--Pub. L. 90-578 substituted ``magistrate'' for ``commissioner''
in two places.
Change of Name
Words ``magistrate judge'' substituted for ``magistrate'' wherever
appearing in text pursuant to section 321 of Pub. L. 101-650, set out as
a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90-578 effective Oct. 17, 1968, except when a
later effective date is applicable, which is the earlier of a date when
implementation of amendment by appointment of magistrates [now United
States magistrate judges] and assumption of office takes place or third
anniversary of enactment of Pub. L. 90-578 on Oct. 17, 1968, see section
403 of Pub. L. 90-578, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in section 4114 of this title.
