[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 301 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 301

To provide for the negotiation of bilateral prisoner transfer treaties 
 with foreign countries and to provide for the training in the United 
  States of border patrol and customs service personnel from foreign 
                               countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 31 (legislative day, January 30), 1995

    Mr. Kyl introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To provide for the negotiation of bilateral prisoner transfer treaties 
 with foreign countries and to provide for the training in the United 
  States of border patrol and customs service personnel from foreign 
                               countries.

    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 ``Criminal Alien Transfer and Border 
Enforcement Act of 1995''.

SEC. 2. PURPOSE.

    The purpose of this Act is to relieve overcrowding in Federal and 
State prisons and costs borne by American taxpayers by providing for 
the transfer of aliens unlawfully in the United States who have been 
convicted of committing crimes in the United States to their native 
countries to be incarcerated for the duration of their sentences.

SEC. 3. FINDINGS.

    The Congress makes the following findings:
            (1) The cost of incarcerating an alien unlawfully in the 
        United States in a Federal or State prison averages $20,803 per 
        year.
            (2) There are approximately 58,000 aliens convicted of 
        crimes incarcerated in United States prisons, including 41,000 
        aliens in State prisons and 17,000 aliens in Federal prisons.
            (3) Many of these aliens convicted of crimes are also 
        unlawfully in the United States, 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 such 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.

SEC. 4. PRISONER TRANSFER TREATIES.

    Not later than 90 days after the date of enactment of this Act, the 
President should begin to negotiate and renegotiate bilateral prisoner 
transfer treaties. The focus of such negotiations shall be to expedite 
the transfer of aliens unlawfully in the United States who are 
incarcerated in United States prisons, to ensure that a transferred 
prisoner serves the balance of the sentence imposed by the United 
States courts, and to eliminate any requirement of prisoner consent to 
such a transfer.

SEC. 5. CERTIFICATION.

    The President shall certify whether each prisoner transfer treaty 
is effective in returning aliens unlawfully in the United States who 
are incarcerated in the United States to their country of citizenship.

SEC. 6. TRAINING OF BORDER PATROL AND CUSTOMS PERSONNEL FROM FOREIGN 
              COUNTRIES.

    Subject to a certification under section 5, the President shall 
direct the Border Patrol Academy and the Customs Service Academy to 
enroll for training certain foreign law enforcement personnel. The 
President shall make appointments of foreign law enforcement personnel 
to such academies to enhance the following United States law 
enforcement goals:
            (1) Drug interdiction and other cross-border criminal 
        activity.
            (2) Preventing illegal immigration.
            (3) Preventing the illegal entry of goods into the United 
        States (including goods the sale of which is illegal in the 
        United States, the entry of which would cause a quota to be 
        exceeded, or goods which have not paid the appropriate duty or 
        tariff).
                                 <all>