[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3798 Reported in Senate (RS)]

                                                       Calendar No. 724
111th CONGRESS
  2d Session
                                S. 3798

    To authorize appropriations of United States assistance to help 
eliminate conditions in foreign prisons and other detention facilities 
 that do not meet minimum humane standards of health, sanitation, and 
                    safety, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2010

  Mr. Leahy (for himself and Mr. Brownback) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

                           December 21, 2010

                Reported by Mr. Kerry, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To authorize appropriations of United States assistance to help 
eliminate conditions in foreign prisons and other detention facilities 
 that do not meet minimum humane standards of health, sanitation, and 
                    safety, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Foreign Prison Conditions 
Improvement Act of 2010''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress makes the following findings:</DELETED>
        <DELETED>    (1) Millions of incarcerated people in the world 
        suffer inhumane conditions in prisons and other detention 
        facilities that are overcrowded, unsanitary, and unsafe to the 
        point of endangering their lives.</DELETED>
        <DELETED>    (2) According to a 2009 International Centre for 
        Prison Studies report, there are an estimated 9,800,000 people 
        held in penal institutions in the world, with prison 
        populations increasing in 71 percent of the over 200 countries 
        surveyed.</DELETED>
        <DELETED>    (3) Rates of malnutrition, disease, and death 
        among prisoners and other detainees far exceed those of the 
        general population, and medical treatment for serious illness 
        or injury is, in many instances, non-existent or grossly 
        inadequate.</DELETED>
        <DELETED>    (4) These conditions are compounded by severe 
        overcrowding in prisons and other detention facilities. 
        Excessive pre-trial detention and dysfunctional justice systems 
        frequently result in prisoners and other detainees spending 
        years in such conditions before their cases are adjudicated. In 
        some countries, such facilities are filled to capacity many 
        times over resulting in conditions so cramped that individual 
        prisoners cannot move without all doing so en masse.</DELETED>
        <DELETED>    (5) Amnesty International's 2009 State of the 
        World's Human Rights Report documented widespread inhumane 
        prison conditions, including overcrowding, inadequate food and 
        water, no access to hygiene products or medical care, juveniles 
        detained with adults, and denial of visits from 
        family.</DELETED>
        <DELETED>    (6) Some governments fail to provide even the most 
        rudimentary sanitation in prisons and other detention 
        facilities, putting prisoners and other detainees at even 
        greater risk of easily preventable and often life-threatening 
        diseases. Toilets are few or non-existent and human waste 
        repositories often are located among the general prison 
        population, forcing prisoners to eat, sleep, and live in 
        grossly unsanitary conditions.</DELETED>
        <DELETED>    (7) According to a 2009 report by the United 
        Nations Economic and Social Council's Commission on Crime 
        Prevention and Criminal Justice, former prisoners are likely to 
        spread diseases contracted in prison to the local 
        population.</DELETED>
        <DELETED>    (8) Some governments fail to permit prisoners and 
        other detainees reasonable exercise of religious worship or 
        contact with family members or other visitors.</DELETED>
        <DELETED>    (9) According to the United States Commission on 
        International Religious Freedom's 2009 Annual Report, religious 
        prisoners have been confined to overcrowded cells, exposed to 
        extreme temperature fluctuations, denied adequate food and 
        medical care, and denied access to clergy and religious 
        literature.</DELETED>
        <DELETED>    (10) Inhumane conditions in prisons and other 
        detention facilities often exist in countries where resources 
        for law enforcement are limited and only a small fraction of 
        such resources are made available for the operation and 
        maintenance of prisons and other detention facilities. 
        Inadequate, misplaced, or lost prison records often result in 
        prisoners and detainees being incarcerated indefinitely because 
        of never being tried or otherwise adjudicated, and being held 
        long after their sentences have expired thereby further 
        swelling prison populations. Allocating the relatively modest 
        resources necessary to provide for the basic human needs of 
        prisoners and other detainees and to remediate the inhumane 
        conditions under which such prisoners are held is often a low 
        priority.</DELETED>
        <DELETED>    (11) The United States Government currently 
        provides significant amounts of assistance to countries whose 
        governments operate prisons and other detention facilities 
        that, because of their inhumane conditions, seriously 
        jeopardize the lives of prisoners and other detainees held 
        under their authority.</DELETED>
        <DELETED>    (12) The Department of State's 2009 Country 
        Reports on Human Rights Practices reported prison conditions as 
        poor, inhumane, or life threatening in more than 100 countries, 
        all of which receive United States assistance.</DELETED>
        <DELETED>    (13) The United States Government should use its 
        influence and resources to help ensure that governments that 
        receive United States assistance do not operate prisons and 
        other detention facilities under inhumane conditions. The 
        United States Government also should assist countries that are 
        making significant efforts to eliminate inhumane conditions in 
        prisons and other detention facilities.</DELETED>
        <DELETED>    (14) Eliminating inhumane conditions in foreign 
        prisons and other detention facilities will strengthen the rule 
        of law, save lives, and enhance the health and well-being of 
        vulnerable people in poor countries, and it will advance United 
        States interests.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Appropriations and 
                the Committee on Foreign Relations of the Senate; 
                and</DELETED>
                <DELETED>    (B) the Committee on Appropriations and 
                the Committee on Foreign Affairs of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Minimum standards for the elimination of 
        inhumane conditions in foreign prisons and other detention 
        facilities.--The term ``minimum standards for the elimination 
        of inhumane conditions in prisons and other detention 
        facilities'' means, with respect to the operation or 
        maintenance of prisons and other detention facilities in a 
        foreign country that is a recipient of United States 
        assistance, the following:</DELETED>
                <DELETED>    (A) The number of inmates or detainees 
                held in a facility does not so exceed prison capacity 
                such that per capita floor space is insufficient to 
                allow for humane sleeping conditions and reasonable 
                physical movement.</DELETED>
                <DELETED>    (B) Human waste facilities are sanitary 
                and accessible, and human waste is disposed of 
                regularly and in a sanitary manner.</DELETED>
                <DELETED>    (C) The lighting, ventilation, 
                temperature, and physical construction of prisons and 
                other detention facilities do not seriously endanger 
                the health and safety of prisoners.</DELETED>
                <DELETED>    (D) Prisoners and other detainees have 
                access to adequate food and potable drinking 
                water.</DELETED>
                <DELETED>    (E) Prisoners and other detainees have 
                access to essential and emergency medical 
                care.</DELETED>
                <DELETED>    (F) To the maximum extent practicable, 
                prisoners and other detainees are allowed religious 
                observance and materials, and contact with clergy, 
                family, and friends, by both correspondence and 
                personal visits.</DELETED>
        <DELETED>    (3) United states assistance.--The term ``United 
        States assistance'' means any non-humanitarian assistance 
        furnished to carry out the provisions of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2151 et seq.), the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.), or the Millennium Challenge Act 
        of 2003 (22 U.S.C. 7701 et seq.).</DELETED>

<DELETED>SEC. 4. ACTIONS TO HELP ELIMINATE INHUMANE CONDITIONS IN 
              FOREIGN PRISONS AND OTHER DETENTION FACILITIES.</DELETED>

<DELETED>    (a) Annual Report to Congress.--</DELETED>
        <DELETED>    (1) Annual report.--Not later than 180 days after 
        the date of the enactment of this Act, and annually thereafter, 
        the Secretary of State shall submit to the appropriate 
        congressional committees a report describing the conditions in 
        prisons and other detention facilities in countries receiving 
        United States assistance. The report shall include a list of 
        those countries, if any, receiving United States assistance, 
        whose governments--</DELETED>
                <DELETED>    (A) do not meet minimum standards for the 
                elimination of inhumane conditions in prisons and other 
                detention facilities but are making significant efforts 
                to comply; and</DELETED>
                <DELETED>    (B) do not meet such standards and are not 
                making significant efforts to comply.</DELETED>
        <DELETED>    (2) Significant efforts.--In making determinations 
        under paragraph (1) as to whether the government of a country 
        is making significant efforts to meet minimum standards for the 
        elimination of inhumane conditions in prisons and other 
        detention facilities, the Secretary of State shall consider the 
        extent to which the government of the country is--</DELETED>
                <DELETED>    (A) regularly monitoring the conditions of 
                prisons and other detention facilities under its 
                authority, including permitting prisoners and other 
                detainees to submit complaints without censorship, 
                cooperating with international experts on eliminating 
                and monitoring inhumane conditions in prisons and other 
                detention facilities, promptly investigating credible 
                allegations of inhumane conditions, and making 
                information concerning conditions and investigations 
                available to the public and the Secretary of 
                State;</DELETED>
                <DELETED>    (B) taking effective steps to eliminate 
                inhumane conditions in prisons and other detention 
                facilities, which may include, among other steps, 
                appointing ombudsmen to serve on behalf of prisoners 
                and other detainees, providing alternatives to 
                incarceration for nonviolent offenders in order to 
                alleviate inhumane overcrowding, addressing the status 
                and circumstances of confinement of juveniles, 
                improving pretrial detention practices, and 
                implementing bail and recordkeeping procedures to 
                reduce pretrial detention periods and to ensure that 
                prisoners do not serve beyond the maximum sentence for 
                the charged offense; and</DELETED>
                <DELETED>    (C) increasing the amount of government 
                resources to eliminate inhumane conditions in prisons 
                and other detention facilities.</DELETED>
        <DELETED>    (3) Use of country reports.--The report required 
        under paragraph (1) may draw from the discussion of prison 
        conditions contained in the Country Reports on Human Rights 
        Practices required under sections 116(d) and 502B(b) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 
        2304(b)), but shall for each country provide a detailed and up 
        to date report covering, whenever possible, each of the issues 
        set forth in section 3(2).</DELETED>
        <DELETED>    (4) Publication.--The report required under 
        paragraph (1) shall be made available to the public, including 
        on a publicly available website of the Department of 
        State.</DELETED>
<DELETED>    (b) Assistance for Governments Making Significant Efforts 
To Eliminate Inhumane Conditions in Prisons and Other Detention 
Facilities.--</DELETED>
        <DELETED>    (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development should furnish assistance for the purpose of 
        helping to eliminate inhumane conditions in prisons and other 
        detention facilities to countries whose governments do not meet 
        minimum standards for the elimination of inhumane conditions in 
        prisons and other detention facilities but are making 
        significant efforts to comply.</DELETED>
        <DELETED>    (2) Inapplicability of foreign assistance act 
        prohibition.--The prohibitions under section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420) shall not be applicable 
        to assistance furnished to carry out the provisions of 
        paragraph (1).</DELETED>
        <DELETED>    (3) Grant funds.--Grants made under this 
        subsection shall be designated and used exclusively to help 
        eliminate inhumane conditions in the country receiving the 
        grant, but may not include the construction of new prisons. 
        Funds made available under this section shall be subject to the 
        regular notification procedures of the Committees on 
        Appropriations of the Senate and the House of 
        Representatives.</DELETED>
<DELETED>    (c) Negotiations With Governments Not Making Significant 
Efforts To Eliminate Inhumane Conditions in Prisons and Other Detention 
Facilities.--</DELETED>
        <DELETED>    (1) Negotiations.--In the case of a government 
        receiving United States assistance that is listed in the report 
        submitted under subsection (a)(1)(B) as not making significant 
        efforts to eliminate inhumane conditions in prisons and other 
        detention facilities, the Secretary of State shall, not later 
        than 90 days after the date such report is submitted, enter 
        into negotiations with such government to achieve the purposes 
        of this Act.</DELETED>
        <DELETED>    (2) Actions regarding assistance and visas.--
        </DELETED>
                <DELETED>    (A) Assistance.--The Secretary of State 
                and the Administrator of the United States Agency for 
                International Development may restructure, reprogram, 
                or reduce United States assistance for a government 
                described in paragraph (1) to achieve the purposes of 
                this Act.</DELETED>
                <DELETED>    (B) Visas.--The Secretary of State may 
                issue or deny visas for travel to the United States by 
                officials of a government described in paragraph (1) to 
                achieve the purposes of this Act.</DELETED>
        <DELETED>    (3) Report.--Not later than 180 days after the 
        beginning of the negotiations required under paragraph (1), the 
        Secretary shall submit to the appropriate congressional 
        committees a report describing the actions taken or agreed to 
        be taken, if any, during such negotiations by the government of 
        that country that constitute significant efforts to eliminate 
        inhumane conditions in prisons and other detention facilities 
        and the actions taken, or that will be taken, by the United 
        States pursuant to paragraph (2) regarding assistance and 
        visas. If the Secretary determines that United States 
        assistance to such government should not be restructured, 
        reprogrammed, or reduced, or that visas should be issued or 
        denied to officials of such government, the report shall 
        contain a detailed explanation for that decision.</DELETED>

<DELETED>SEC. 5. TRAINING FOR FOREIGN SERVICE OFFICERS.</DELETED>

<DELETED>    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 
4028) is amended by adding at the end the following new 
subsection:</DELETED>
<DELETED>    ``(d) The Secretary of State, with the assistance of other 
relevant officials, shall establish as part of the standard training 
provided for chiefs of mission, deputy chiefs of mission, and other 
officers of the Service who are or will be involved in the assessment 
of conditions in foreign prisons and other detention facilities or the 
drafting of the annual Country Reports on Human Rights Practices, 
instruction on matters related to conditions in such prisons and other 
detention facilities and the substance of the Foreign Prison Conditions 
Improvement Act of 2010.''.</DELETED>

<DELETED>SEC. 6. NEW POSITION TO MONITOR FOREIGN PRISON 
              CONDITIONS.</DELETED>

<DELETED>    The Secretary of State shall establish, within the Bureau 
of Democracy, Human Rights, and Labor, a new full-time equivalent 
Deputy Assistant Secretary level position which shall have 
responsibility for advancing the purposes of this Act.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    The Secretary of State may use funds available for any 
fiscal year to carry out the provisions of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 22 
U.S.C. 2346 et seq.) and the Support for East European Democracy (SEED) 
Act of 1989 (22 U.S.C. 5401 et seq.) to carry out the provisions of 
section 4(b) and section 6 of this Act and section 708(d) of the 
Foreign Service Act of 1980, as added by section 5.</DELETED>

<DELETED>SEC. 8. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    For purposes of this Act--</DELETED>
        <DELETED>    (1) the prohibitions of section 104(f) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply 
        and shall not be construed to be altered by this Act; 
        and</DELETED>
        <DELETED>    (2) the minimum standards for foreign prisons and 
        other detention facilities shall not be determined based on the 
        provision of services for which funding is prohibited by that 
        section.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Prison Conditions 
Improvement Act of 2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Millions of incarcerated people in the world suffer 
        inhumane conditions in prisons and other detention facilities 
        that are overcrowded, unsanitary, and unsafe to the point of 
        endangering their lives.
            (2) According to a 2009 International Centre for Prison 
        Studies report, there are an estimated 9,800,000 people held in 
        penal institutions in the world, with prison populations 
        increasing in 71 percent of the over 200 countries surveyed.
            (3) Rates of malnutrition, disease, and death among 
        prisoners and other detainees far exceed those of the general 
        population, and medical treatment for serious illness or injury 
        is, in many instances, non-existent or grossly inadequate.
            (4) These conditions are compounded by severe overcrowding 
        in prisons and other detention facilities. Excessive pre-trial 
        detention and dysfunctional justice systems frequently result 
        in prisoners and other detainees spending years in such 
        conditions before their cases are adjudicated. In some 
        countries, such facilities are filled to capacity many times 
        over resulting in conditions so cramped that individual 
        prisoners cannot move without all doing so en masse.
            (5) Amnesty International's 2009 State of the World's Human 
        Rights Report documented widespread inhumane prison conditions, 
        including overcrowding, inadequate food and water, no access to 
        hygiene products or medical care, juveniles detained with 
        adults, and denial of visits from family.
            (6) Some governments fail to provide even the most 
        rudimentary sanitation in prisons and other detention 
        facilities, putting prisoners and other detainees at even 
        greater risk of easily preventable and often life-threatening 
        diseases. Toilets are few or non-existent and human waste 
        repositories often are located among the general prison 
        population, forcing prisoners to eat, sleep, and live in 
        grossly unsanitary conditions.
            (7) According to a 2009 report by the United Nations 
        Economic and Social Council's Commission on Crime Prevention 
        and Criminal Justice, former prisoners are likely to spread 
        diseases contracted in prison to the local population.
            (8) Some governments fail to permit prisoners and other 
        detainees reasonable exercise of religious worship or contact 
        with family members or other visitors.
            (9) According to the United States Commission on 
        International Religious Freedom's 2009 Annual Report, religious 
        prisoners have been confined to overcrowded cells, exposed to 
        extreme temperature fluctuations, denied adequate food and 
        medical care, and denied access to clergy and religious 
        literature.
            (10) Inhumane conditions in prisons and other detention 
        facilities often exist in countries where resources for law 
        enforcement are limited and only a small fraction of such 
        resources are made available for the operation and maintenance 
        of prisons and other detention facilities. Inadequate, 
        misplaced, or lost prison records often result in prisoners and 
        detainees being incarcerated indefinitely because of never 
        being tried or otherwise adjudicated, and being held long after 
        their sentences have expired thereby further swelling prison 
        populations. Allocating the relatively modest resources 
        necessary to provide for the basic human needs of prisoners and 
        other detainees and to remediate the inhumane conditions under 
        which such prisoners are held is often a low priority.
            (11) The United States Government currently provides 
        significant amounts of assistance to countries whose 
        governments operate prisons and other detention facilities 
        that, because of their inhumane conditions, seriously 
        jeopardize the lives of prisoners and other detainees held 
        under their authority.
            (12) The Department of State's 2009 Country Reports on 
        Human Rights Practices reported prison conditions as poor, 
        inhumane, or life threatening in more than 100 countries, all 
        of which receive United States assistance.
            (13) The United States Government should use its influence 
        and resources to help ensure that governments that receive 
        United States assistance do not operate prisons and other 
        detention facilities under inhumane conditions. The United 
        States Government also should assist countries that are making 
        significant efforts to eliminate inhumane conditions in prisons 
        and other detention facilities.
            (14) Eliminating inhumane conditions in foreign prisons and 
        other detention facilities will strengthen the rule of law, 
        save lives, and enhance the health and well-being of vulnerable 
        people in poor countries, and it will advance United States 
        interests.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Minimum standards for the elimination of inhumane 
        conditions in foreign prisons and other detention facilities.--
        The term ``minimum standards for the elimination of inhumane 
        conditions in prisons and other detention facilities'' means, 
        with respect to the operation or maintenance of prisons and 
        other detention facilities in a foreign country that is a 
        recipient of United States assistance, the following:
                    (A) The number of inmates or detainees held in a 
                facility does not so exceed prison capacity such that 
                per capita floor space is insufficient to allow for 
                humane sleeping conditions and reasonable physical 
                movement.
                    (B) Human waste facilities are sanitary and 
                accessible, and human waste is disposed of regularly 
                and in a sanitary manner.
                    (C) The lighting, ventilation, temperature, and 
                physical construction of prisons and other detention 
                facilities do not seriously endanger the health and 
                safety of prisoners.
                    (D) Prisoners and other detainees have access to 
                adequate food and potable drinking water.
                    (E) Prisoners and other detainees have access to 
                essential and emergency medical care.
                    (F) To the maximum extent practicable, prisoners 
                and other detainees are allowed religious observance 
                and materials, and contact with clergy, family, and 
                friends, by both correspondence and personal visits.
            (3) United states assistance.--The term ``United States 
        assistance'' means any non-humanitarian assistance furnished to 
        carry out the provisions of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2151 et seq.), the Arms Export Control Act (22 
        U.S.C. 2751 et seq.), or the Millennium Challenge Act of 2003 
        (22 U.S.C. 7701 et seq.).

SEC. 4. ACTIONS TO HELP ELIMINATE INHUMANE CONDITIONS IN FOREIGN 
              PRISONS AND OTHER DETENTION FACILITIES.

    (a) Annual Report to Congress.--
            (1) Annual report.--Not later than 180 days after the date 
        of the enactment of this Act, and annually thereafter, the 
        Secretary of State shall submit to the appropriate 
        congressional committees a report describing the conditions in 
        prisons and other detention facilities in countries receiving 
        United States assistance. The report shall be submitted on or 
        proximate to the date of the Department of State's Country 
        Reports on Human Rights Practices and shall include a list of 
        those countries, if any, receiving United States assistance, 
        whose governments--
                    (A) do not meet minimum standards for the 
                elimination of inhumane conditions in prisons and other 
                detention facilities but are making significant efforts 
                to comply; and
                    (B) do not meet such standards and are not making 
                significant efforts to comply.
            (2) Significant efforts.--In making determinations under 
        paragraph (1) as to whether the government of a country is 
        making significant efforts to meet minimum standards for the 
        elimination of inhumane conditions in prisons and other 
        detention facilities, the Secretary of State shall consider the 
        extent to which the government of the country is--
                    (A) regularly monitoring the conditions of prisons 
                and other detention facilities under its authority, 
                including permitting prisoners and other detainees to 
                submit complaints without censorship, cooperating with 
                international experts on eliminating and monitoring 
                inhumane conditions in prisons and other detention 
                facilities, promptly investigating credible allegations 
                of inhumane conditions, and making information 
                concerning conditions and investigations available to 
                the public and the Secretary of State;
                    (B) taking effective steps to eliminate inhumane 
                conditions in prisons and other detention facilities, 
                which may include, among other steps, appointing 
                ombudsmen to serve on behalf of prisoners and other 
                detainees, providing alternatives to incarceration for 
                nonviolent offenders in order to alleviate inhumane 
                overcrowding, addressing the status and circumstances 
                of confinement of juveniles, improving pretrial 
                detention practices, and implementing bail and 
                recordkeeping procedures to reduce pretrial detention 
                periods and to ensure that prisoners do not serve 
                beyond the maximum sentence for the charged offense; 
                and
                    (C) increasing the amount of government resources 
                to eliminate inhumane conditions in prisons and other 
                detention facilities.
            (3) Use of country reports.--The report required under 
        paragraph (1) may draw from the discussion of prison conditions 
        contained in the Country Reports on Human Rights Practices 
        required under sections 116(d) and 502B(b) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), but 
        shall for each country provide a detailed and up to date report 
        covering, whenever possible, each of the issues set forth in 
        section 3(2).
            (4) Publication.--The report required under paragraph (1) 
        shall be made available to the public, including on a publicly 
        available website of the Department of State.
    (b) Assistance for Governments Making Significant Efforts to 
Eliminate Inhumane Conditions in Prisons and Other Detention 
Facilities.--
            (1) In general.--The Secretary of State and the 
        Administrator of the United States Agency for International 
        Development should furnish assistance for the purpose of 
        helping to eliminate inhumane conditions in prisons and other 
        detention facilities to countries whose governments do not meet 
        minimum standards for the elimination of inhumane conditions in 
        prisons and other detention facilities but are making 
        significant efforts to comply.
            (2) Inapplicability of foreign assistance act 
        prohibition.--The prohibitions under section 660 of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2420) shall not be applicable 
        to assistance furnished to carry out the provisions of 
        paragraph (1).
            (3) Grant funds.--Grants made under this subsection shall 
        be designated and used exclusively to help eliminate inhumane 
        conditions in the country receiving the grant, but may not 
        include the construction of new prisons. Funds made available 
        under this section shall be subject to the regular notification 
        procedures of the Committees on Appropriations of the Senate 
        and the House of Representatives.
    (c) Negotiations With Governments Not Making Significant Efforts to 
Eliminate Inhumane Conditions in Prisons and Other Detention 
Facilities.--
            (1) Negotiations.--In the case of a government receiving 
        United States assistance that is listed in the report submitted 
        under subsection (a)(1)(B) as not making significant efforts to 
        eliminate inhumane conditions in prisons and other detention 
        facilities, the Secretary of State shall, not later than 90 
        days after the date such report is submitted, enter into 
        negotiations with such government to achieve the purposes of 
        this Act.
            (2) Actions regarding assistance and visas.--
                    (A) Assistance.--The Secretary of State and the 
                Administrator of the United States Agency for 
                International Development may restructure, reprogram, 
                or reduce United States assistance for a government 
                described in paragraph (1) to achieve the purposes of 
                this Act.
                    (B) Visas.--The Secretary of State may issue or 
                deny visas for travel to the United States by officials 
                of a government described in paragraph (1) to achieve 
                the purposes of this Act.
            (3) Briefing.--Not later than 180 days after the beginning 
        of the negotiations required under paragraph (1), the Secretary 
        shall brief the appropriate congressional committees on the 
        actions taken or agreed to be taken, if any, during such 
        negotiations by the government of that country that constitute 
        significant efforts to eliminate inhumane conditions in prisons 
        and other detention facilities and the actions taken, or that 
        will be taken, by the United States pursuant to paragraph (2) 
        regarding assistance and visas. Such information shall also be 
        included in the annual report required under subsection (a). If 
        the Secretary determines that United States assistance to such 
        government should not be restructured, reprogrammed, or 
        reduced, or that visas should be issued or denied to officials 
        of such government, the briefing and report shall contain a 
        detailed explanation for that decision.

SEC. 5. TRAINING FOR FOREIGN SERVICE OFFICERS.

    Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is 
amended by adding at the end the following new subsection:
    ``(d) The Secretary of State, with the assistance of other relevant 
officials, shall establish as part of the standard training provided 
for chiefs of mission, deputy chiefs of mission, and other officers of 
the Service who are or will be involved in the assessment of conditions 
in foreign prisons and other detention facilities or the drafting of 
the annual Country Reports on Human Rights Practices, instruction on 
matters related to conditions in such prisons and other detention 
facilities and the substance of the Foreign Prison Conditions 
Improvement Act of 2010.''.

SEC. 6. NEW POSITION TO MONITOR FOREIGN PRISON CONDITIONS.

    The Secretary of State shall establish, within the Bureau of 
Democracy, Human Rights, and Labor, a new full-time equivalent Deputy 
Assistant Secretary level position which shall have responsibility for 
advancing the purposes of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Foreign Assistance Funding.--In addition to funds otherwise 
available for such purposes, the Secretary of State may use funds 
available for any fiscal year to carry out the provisions of part I and 
chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq. and 22 U.S.C. 2346 et seq.) and the Support for East 
European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) to carry 
out the provisions of section 4(b) of this Act, including for 
administrative expenses.
    (b) Diplomatic and Consular Affairs Funding.--In addition to funds 
otherwise available for such purposes, the Secretary of State may use 
funds available for any fiscal year to the Department of State for 
Diplomatic and Consular Programs to carry out the provisions of section 
6 of this Act and section 708(d) of the Foreign Service Act of 1980, as 
added by section 5, including for administrative expenses.

SEC. 8. RULE OF CONSTRUCTION.

    For purposes of this Act--
            (1) the prohibitions of section 104(f) of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply and 
        shall not be construed to be altered by this Act; and
            (2) the minimum standards for foreign prisons and other 
        detention facilities shall not be determined based on the 
        provision of services for which funding is prohibited by that 
        section.
                                                       Calendar No. 724

111th CONGRESS

  2d Session

                                S. 3798

_______________________________________________________________________

                                 A BILL

    To authorize appropriations of United States assistance to help 
eliminate conditions in foreign prisons and other detention facilities 
 that do not meet minimum humane standards of health, sanitation, and 
                    safety, and for other purposes.

_______________________________________________________________________

                           December 21, 2010

                       Reported with an amendment