< Back to H.R. 4627 (103rd Congress, 1993–1994)

Text of the Prisoner Transfer Equity Act of 1994

This bill was introduced on June 22, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 22, 1994 (Introduced).

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HR 4627 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.