Title 18 — Crimes and Criminal ProcedureRelease 119-73not60
§3195 Payment of Fees and Costs
Title 18 › Part II— CRIMINAL PROCEDURE › Chapter 209— EXTRADITION › § 3195
Summary
The requesting government must pay the costs to arrest, hold, and transfer a person for extradition. A judge reports witness and other fees, including magistrate fees, to the Secretary of State; those fees come from court or Justice Department funds. The Attorney General names what the foreign government must repay, and the Secretary collects it and sends it to the Attorney General for deposit in the U.S. Treasury.
Full Legal Text
Title 18, §3195
Crimes and Criminal Procedure — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §§ 662, 662c, 662d, 668 (R.S. § 5278; Aug. 3, 1882, ch. 378, § 4, 22 Stat. 216;
June 28, 1902, ch. 1301, § 1, 32 Stat. 475; Mar. 22, 1934, ch. 73, §§ 2, 3, 48 Stat. 455). First paragraph of this section consolidates provisions as to costs and expenses from said section 662, 662c, and 662d. Minor changes were made in phraseology and surplusage was omitted. Remaining provisions of said section 662, 662c, and 662d of title 18, U.S.C., 1940 ed., are incorporated in section 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.
Editorial Notes
Amendments
1968—Pub. L. 90–578 substituted “magistrate” for “commissioner” in two places.
Statutory Notes and Related Subsidiaries
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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
18 U.S.C. § 3195
Title 18 — Crimes and Criminal Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60