                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                     PART III--PRISONS AND PRISONERS
 
           CHAPTER 306--TRANSFER TO OR FROM FOREIGN COUNTRIES
 
Sec. 4109. Right to counsel, appointment of counsel

    (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; \1\
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    \1\ So in original. Probably should be ``section 3006A of this 
title;''. See 1990 Amendment note below.
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        (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.

(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.)


                               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)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3006A, 4100 of this title; 
title 28 section 636.
