II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Prisoner Transfer Eq5 uity Act’’.

6 SEC. 2. PURPOSE.

7 The purpose of this Act is to relieve overcrowding in

8 Federal and State prisons by providing for the transfer

9 of criminal aliens convicted of crimes in the United States
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1 back to their native countries to serve the balance of their

2 sentences.

3 SEC. 3. FINDINGS.

4 The Congress makes the following findings:

5 (1) The cost of incarcerating an illegal alien in

6 a Federal or State prison can cost as much as

7 $25,000 per year.

8 (2) There are approximately 58,000 convicted

9 criminal aliens serving in American prisons, includ10 ing 37,000 convicted criminal aliens serving in State

11 prisons and 21,000 convicted criminal aliens serving

12 in Federal prisons.

13 (3) Many of these convicted criminal aliens are

14 also illegal aliens, but the Immigration and Natu15 ralization Service does not have exact data on how

16 many.

17 (4) The combined cost to Federal and State

18 governments for the incarceration of convicted crimi19 nal aliens is approximately $1,200,000,000, includ20 ing—

21 (A) for State governments, $760,000,000;

22 and

23 (B) for the Federal Government,

24 $440,000,000.
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1 (4) There are approximately 2,500 American

2 citizens serving in prisons outside the United States.

3 (5) The United States has entered into over 25

4 prisoner exchange treaties. Since 1977, under these

5 treaties, the United States sent 1,200 prisoners to

6 other countries but has received 1,400 prisoners that

7 it had to imprison. This has added to United States

8 prison overcrowding.

9 SEC. 4. PRISONER TRANSFER TREATIES.

10 No later that 90 days after the date of enactment

11 of this Act, the President should begin to negotiate pris12 oner transfer treaties, or renegotiate existing prisoner

13 transfer treaties, with countries that currently have more

14 prisoners in United States prisons than there are United

15 States citizens in their prisons, to carry out the purpose

16 of this Act. The focus of these negotiations should be on

17 the transfer of illegal aliens who are serving in United

18 States prisons.

19 SEC. 5. REPORT; WITHHOLDING OF ASSISTANCE.

20 (a) REPORTS.—Not later than 180 days after the

21 date of enactment of this Act, and not later than March

22 30 each year thereafter, the President shall submit a re23 port to Congress on the progress of negotiations under24 taken under section 4 since the date of enactment of this
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1 Act or the date of submission of the last report, as the

2 case may be.

3 (b) WITHHOLDING OF ASSISTANCE.—Whenever—

4 (1) a report submitted under subsection (a) in5 dicates that no progress has been made in negotia6 tions under section 4 with a foreign country, and

7 (2) the United States continues to maintain a

8 surplus of prisoners who are nationals of that coun9 try,

10 then, for the remainder of the fiscal year, and each fiscal

11 year thereafter until progress is reported under subsection

12 (a), not less than one percent or more than 10 percent

13 of United States assistance allocated for that country (but

14 for this provision) shall be withheld from obligation and

15 expenditure for that country.

16 (c) DEFINITION.—As used in this section, the term

17 ‘‘United States assistance’’ includes—

18 (1) assistance under the Foreign Assistance Act

19 of 1961; and

20 (2) sales and sales financing under the Arms

21 Export Control Act.

22 SEC. 6. WAIVER AUTHORITY.

23 The President may waive the application of section

24 5(b) if such an application would jeopardize relationships

25 between the United States and a foreign country that the
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1 President determines to be in the national interest. When2 ever the President exercises the waiver authority of this

3 section, the President shall submit a statement in writing

4 to Congress setting forth the justification for the exercise

5 of the waiver.

6 SEC. 7. DIPLOMATIC EFFORTS.

7 For each country that does not receive United States

8 assistance and for which the conditions of sections 5(b)(1)

9 and 5(b)(2) apply, the President should use such diplo10 matic offices and powers as may be necessary to make

11 progress in negotiating or renegotiating a prisoner trans12 fer treaty.

13 SEC. 8. RULE OF CONSTRUCTION.

14 Nothing in this Act may be construed to alter or af15 fect the existing immigration, refugee, political asylum

16 laws of the United States nor any Federal, State, or local

17 criminal laws.

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