§ 4102. — Authority of the Attorney General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4102]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
Sec. 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
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.
(Added Pub. L. 95-144, Sec. 1, Oct. 28, 1977, 91 Stat. 1214.)
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.
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.''
