[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4627 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4627

 To provide for the negotiation of prisoner transfer treaties in order 
         to relieve overcrowding in Federal and State prisons.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1994

Mr. Carr of Michigan introduced the following bill; which was referred 
                  to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To provide for the negotiation of prisoner transfer treaties in order 
         to relieve overcrowding in Federal and State prisons.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prisoner Transfer Equity Act of 
1994''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to relieve overcrowding in Federal 
and State prisons by providing for the transfer of aliens convicted of 
crimes in the United States to the countries of which they are citizens 
to serve their term of imprisonment.

SEC. 3. PRISONER TRANSFER TREATIES.

    Not later that 90 days after the date of enactment of this Act, the 
President should begin to negotiate prisoner transfer treaties, and 
renegotiate existing prisoner transfer treaties with countries that 
currently have more prisoners in United States prisons than there are 
United States citizens in their prisons, to carry out the purpose of 
this Act. The focus of such negotiations should be on the transfer of 
illegal aliens who are serving in United States prisons.

SEC. 4. REPORT; WITHHOLDING OF ASSISTANCE.

    (a) Reports.--Not later than 180 days after the date of enactment 
of this Act, and not later than March 30 each year thereafter, the 
President shall submit a report to Congress on the progress of 
negotiations undertaken to carry out the purpose of this Act.
    (b) Withholding of Assistance.--If--
            (1) a report submitted under subsection (a) indicates that 
        no progress has been made in negotiations with a foreign 
        country to carry out the purpose of this Act and that country 
        is unwilling to proceed with serious negotiations, and
            (2) the United States has a greater number of prisoners who 
        are citizens of that country than the number of prisoners in 
        that country who are citizens of the United States,
then, for the remainder of the fiscal year, and for each subsequent 
fiscal year until the President certifies to the Congress that progress 
has been made in negotiations with that country to carry out the 
purpose of this Act, not less than one percent or more than 10 percent 
of United States assistance allocated for that country, as determined 
by the President, shall be withheld from obligation and expenditure for 
that country.
    (c) Definition.--As used in this section, the term ``United States 
assistance'' includes--
            (1) assistance under the Foreign Assistance Act of 1961; 
        and
            (2) sales and sales financing under the Arms Export Control 
        Act.

SEC. 5. WAIVER AUTHORITY.

    The President may waive the application of section 4(b) to a 
country if the President determines that withholding of assistance 
would jeopardize the relationship between the United States and that 
foreign country and that would not be in the national interest of the 
United States. If the President exercises the waiver authority of this 
section, the President shall submit a statement in writing to Congress 
setting forth the justification for the exercise of the waiver.

SEC. 6. DIPLOMATIC EFFORTS.

    The President should use such diplomatic and other efforts as may 
be necessary to ensure progress in negotiating prisoner transfer 
treaties to carry out the purpose of this Act.

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