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18 U.S.C. § 4100 — Scope and limitation of chapter
Federal law — U.S. Code and appendices · legal_authorities
**(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subject to being fully executed in the United States even though the treaty under which the offender was transferred is no longer in force.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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim).
**(c)** An offen
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Stable record: federal_law:legal_authorities:record_usc_70154d904a0d2ef55abaa17e
Source file: Laws/federal/codes/united-states-code/title-18/section-4100-scope-and-limitation-of-chapter--88ae3b46d6.md
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Source location: Title 18, Chapter 306, § 4100; chapter-306-transfer-to-or-from-foreign-countries.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4109&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim). Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act; 11 So in original. Probably should be “[section 3006A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim);”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3006a&num=0&edition=prelim) 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 sha
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 4109
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law—
(1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;
(2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;
(3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.
**(b)**
(1) Notwithstanding any provision of law to the contrary—
(A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 636
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 211
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Federal law — U.S. Code and appendices · legal_authorities
Page 906
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 4083
Subsec. (f). Pub. L. 89–176 added subsec. (f).
Statutory Notes and Related Subsidiaries
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.
§ 4083. Penitentiary imprisonment; consent
Persons convicted of offenses against the
United States or by courts-martial punishable
by imprisonment for more than one year may be
confined in any United States penitentiary.
A sentence for an offense punishable by im-
prisonment for one year or less shall not be
served in a penitentiary without the consent of
the defendant.
(June 25, 1948, ch. 645, 62 Stat. 850; Pub. L. 86–256,
Sept. 14, 1959, 73 Stat. 518.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., §§ 753f, 762 (Mar. 2,
1895, ch. 189, § 1, 28 Stat. 957; June 10, 1896, ch. 400, § 1,
29 Stat. 380; May 14, 1930, ch. 274, § 7, 46 Stat. 326; June
14, 1941, ch. 204, 55 Stat. 252; Oct. 21, 1941, ch. 453, 55
Stat. 743).
Said section 762 was condensed and simplified and ex-
tended to all penitentiaries instead of to Leavenworth
only, since the section is merely declaratory of existing
law. (See section 1 of this title classifying offenses and
notes thereunder.)
The second paragraph is derived from said section
753f of title 18, U.S.C., 1940 ed.
Minor changes of phraseology were made.
Editorial Notes
AMENDMENTS
1959—Pub. L. 86–256 substituted ‘‘punishable by im-
prisonment for’’ for ‘‘and sentenced to terms of impris-
onment of’’ in first sentence.
[§§ 4084, 4085. Repealed. Pub. L. 98–473, title II,
§ 218(a)(3),
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 4100
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