I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prisoner Transfer Eq-
uity 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 pris-
oner 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 re-
port to Congress on the progress of negotiations under-
taken to carry out the purpose of this Act.
(b) WITHHOLDING OF ASSISTANCE.—If—
(1) a report submitted under subsection (a) in-
dicates that no progress has been made in negotia-
tions 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 expendi-
ture 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 with-
holding of assistance would jeopardize the relationship be-
tween 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 sec-
tion, 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 negotiat-
ing prisoner transfer treaties to carry out the purpose of
this Act.
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