[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2175 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2175

  To urge the renegotiation of prisoner transfer treaties in order to 
           relieve overcrowding in Federal and State prisons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 June 9 (legislative day, June 7), 1994

Mr. Lautenberg (for himself, Mrs. Feinstein, and Mr. Graham) introduced 
the following bill; which was read twice and referred to the Committee 
                          on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To urge the renegotiation 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''.

SEC. 2. PURPOSE.

    The purpose of this Act is to relieve overcrowding in Federal and 
State prisons by providing for the transfer of criminal aliens 
convicted of crimes in the United States back to their native countries 
to serve the balance of their sentences.

SEC. 3. FINDINGS.

    The Congress makes the following findings:
            (1) The cost of incarcerating an illegal alien in a Federal 
        or State prison can cost as much as $25,000 per year.
            (2) There are approximately 58,000 convicted criminal 
        aliens serving in American prisons, including 37,000 convicted 
        criminal aliens serving in State prisons and 21,000 convicted 
        criminal aliens serving in Federal prisons.
            (3) Many of these convicted criminal aliens are also 
        illegal aliens, but the Immigration and Naturalization Service 
        does not have exact data on how many.
            (4) The combined cost to Federal and State governments for 
        the incarceration of convicted criminal aliens is approximately 
        $1,200,000,000, including--
                    (A) for State governments, $760,000,000; and
                    (B) for the Federal Government, $440,000,000.
            (4) There are approximately 2,500 American citizens serving 
        in prisons outside the United States.
            (5) The United States has entered into over 25 prisoner 
        exchange treaties. Since 1977, under these treaties, the United 
        States sent 1,200 prisoners to other countries but has received 
        1,400 prisoners that it had to imprison. This has added to 
        United States prison overcrowding.

SEC. 4. PRISONER TRANSFER TREATIES.

    No later that 90 days after the date of enactment of this Act, the 
President should begin to negotiate prisoner transfer treaties, or 
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 these negotiations should be on the transfer of 
illegal aliens who are serving in United States prisons.

SEC. 5. 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 under section 4 since the date of enactment of 
this Act or the date of submission of the last report, as the case may 
be.
    (b) Withholding of Assistance.--Whenever--
            (1) a report submitted under subsection (a) indicates that 
        no progress has been made in negotiations under section 4 with 
        a foreign country, and
            (2) the United States continues to maintain a surplus of 
        prisoners who are nationals of that country,
then, for the remainder of the fiscal year, and each fiscal year 
thereafter until progress is reported under subsection (a), not less 
than one percent or more than 10 percent of United States assistance 
allocated for that country (but for this provision) 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. 6. WAIVER AUTHORITY.

    The President may waive the application of section 5(b) if such an 
application would jeopardize relationships between the United States 
and a foreign country that the President determines to be in the 
national interest. Whenever 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. 7. DIPLOMATIC EFFORTS.

    For each country that does not receive United States assistance and 
for which the conditions of sections 5(b)(1) and 5(b)(2) apply, the 
President should use such diplomatic offices and powers as may be 
necessary to make progress in negotiating or renegotiating a prisoner 
transfer treaty.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to alter or affect the 
existing immigration, refugee, political asylum laws of the United 
States nor any Federal, State, or local criminal laws.

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