PRISONERS TRANSFERRED TO THE UNITED STATES.

SEC. 7101. PRISONERS TRANSFERRED TO THE UNITED STATES. (a) Prisoners Transferred to the United States.—Chapter 306 of title 18, United States Code, is amended by inserting after section 4106 the following: “§ 4106A. Transfer of offenders on parole; parole offenders transferred “(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.”. (b) Technical Amendment.—Section 4108(a) of title 18, United States Code, is amended by striking out “including any term of imprisonment” and all that follows through “28 U.S.C. 994(a)(1),”. (c) Clerical Amendment.—The table of sections at the beginning of chapter 306 of title 18, United States Code, is amended by inserting after the item relating to section 4106 the following: “4106A. Transfer of offenders on parole; parole of offenders transferred.”. 102 STAT. 4416 (d) Appointment of Guardians ad Litem and Provision of Counsel.—Section 4109 of title 18, United States Code, is amended— (1) by inserting “(a)” before “In proceedings”; and (2) by adding at the end the following: “(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.”. (e) Consent to Transfer by Guardians for Incompetents; Appointment of Guardian Independent of Appointment of Counsel.—Section 4100(b) of title 18, United States Code, is amended— (1) in the last sentence, by— (A) inserting “, 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”; and (B) inserting “, guardian ad litem,” after “guardian”; and (2) by adding at the end the following: “The appointment of a guardian ad litem shall be independent of the appointment of counsel under section 4109 of this title.”. (f) Conforming Amendments and Compensation Maxima Relating to Provision of Counsel.—(1) Section 3006A(a)(1) of title 18, United States Code, is amended— (A) by striking “or” at the end of subparagraph (H); (B) by striking the period at the end of subparagraph (I) and inserting “; or”; and (C) by adding at the end the following: “(J) is entitled to the appointment of counsel under section 4109 of this title.”. (2) Section 3006A(d)(2) of title 18, United States Code, is amended by inserting after the second sentence the following: “For representation of an offender before the United States Parole Commission in a proceeding under section 4106A of this title, the compensation shall not exceed $750 for each attorney in each proceeding; for representation of an offender in an appeal from a determination of such Commission under such section, the compensation shall not exceed $2,500 for each attorney in each court.”