[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3577 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3577
To eliminate conditions in foreign prisons and other detention
facilities that do not meet primary indicators of health, sanitation,
and safety, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2012
Mr. Leahy (for himself and Mr. Inhofe) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To eliminate conditions in foreign prisons and other detention
facilities that do not meet primary indicators 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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Prison Conditions
Improvement Act of 2012''.
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. Many governments do not respect their
international commitments to ensure that all individuals in
detention or incarceration are treated with humanity and with
respect for the inherent dignity of the human person.
(2) Rates of malnutrition 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.
(3) Prisons are extremely high-risk environments for
transmitting diseases, particularly HIV and tuberculosis, and
create grave risks to communities in which released prisoners
live; studies estimate that HIV infection rates in prisons in
developing countries can be as much as 50 times higher than in
the general population, and tuberculosis infection rates in
prisons are more than 20 times higher than in the general
population.
(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) Experts have 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) Some governments fail to permit prisoners and other
detainees reasonable contact with family members or other
visitors. Many governments deny access to certain prisoners and
detainees, or do not provide information about their location,
health, and well-being, leaving them unaccounted for.
(8) 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 records often result in prisoners and other
detainees being incarcerated indefinitely because their cases
have never been tried or otherwise adjudicated. In other cases,
poor recordkeeping results in prisoners and other detainees
being held long after their sentences have expired. 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.
(9) 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.
(10) The Department of State's 2011 Country Reports on
Human Rights Practices reported prison conditions as poor,
inhumane, or life threatening in scores of countries, all of
which receive United States assistance.
(11) On February 14, 2012, a fire at the Comayagua Prison
in Honduras killed 360 prisoners. United States officials who
investigated the fire attributed the deaths to severe
overcrowding and poor safety practices. In one overcrowded cell
block, only 4 of 105 prisoners survived. More than half of the
prisoners were pretrial detainees who had never been convicted
of any crime.
(12) In many countries, United States citizens suffer
serious harm and are at risk of death and mistreatment from
being held in prisons and other detention facilities under
inhumane conditions.
(13) The United States Government should use its influence
and resources to 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 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) Primary indicators for the elimination of inhumane
conditions in foreign prisons and other detention facilities.--
The term ``primary indicators 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. EFFORTS TO HELP ELIMINATE INHUMANE CONDITIONS IN FOREIGN
PRISONS AND OTHER DETENTION FACILITIES.
(a) Report to Congress.--
(1) Annual report.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for five years on October 1, the Secretary
of State shall submit to the appropriate congressional
committees a report describing the conditions in
prisons and other detention facilities in at least 30
countries receiving United States assistance or under
sanction by the United States selected as a result of
the Secretary's determination that such conditions
raise the most serious human rights or humanitarian
concerns. In selecting such countries, the Secretary
shall consider only the conditions within each
country's prisons and detention facilities.
(B) Content.--The report required under
subparagraph (A) shall, for each country, describe the
conditions that raise human rights and humanitarian
concerns, including--
(i) a detailed and up-to-date review,
whenever possible, of each of the primary
indicators set forth in section 3(2) and noting
any efforts made to eliminate inhumane
conditions as described in paragraph (2); and
(ii) an identification of those countries,
if any, receiving United States assistance,
whose governments--
(I) do not meet one or more of the
primary indicators for the elimination
of inhumane conditions in prisons and
other detention facilities but are
making significant efforts to comply;
and
(II) do not meet one or more of the
primary indicators and are not making
significant efforts to comply; and
(iii) the steps being taken by the United
States Government to improve conditions in
foreign prisons and other detention facilities.
(C) Best practices.--The report shall also include
a section on best practices worldwide for achieving the
primary indicators.
(2) Significant efforts.--In making determinations under
paragraph (1)(A) as to whether the government of a country is
making significant efforts to comply with the primary
indicators 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 allowing access for independent monitors,
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)).
(4) Publication.--The report required under paragraph (1)
shall be made available to the public, including on a publicly
available Web site of the Department of State.
(b) Assistance for Governments 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 authorized under section
7 for the purpose of eliminating inhumane conditions in prisons
and other detention facilities where such assistance would be
appropriate and beneficial.
(2) Inapplicability of 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) Assistance.--Assistance made available under this
subsection shall be designated and used exclusively to
eliminate inhumane conditions in prisons and other detention
facilities 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) Consultations With Governments Not Making Significant Efforts
To Eliminate Inhumane Conditions in Prisons and Other Detention
Facilities.--
(1) Consultations.--In the case of a government of a
country that is listed in the report submitted under subsection
(a)(1)(B)(ii)(II) 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
consultations with such government to achieve the purposes of
this Act.
(2) Actions regarding united states assistance.--
(A) United states 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) Reporting.--If assistance is provided to a
country whose government is described in paragraph (1),
the Secretary of State shall submit to the appropriate
congressional committees within 30 days of the decision
to provide such assistance a report--
(i) explaining that any government agency
or facility to receive assistance has the
independence and commitment necessary to
achieve the purposes of this Act;
(ii) detailing the purposes for which such
assistance will be provided;
(iii) describing the United States interest
in providing such assistance notwithstanding
the failure of the government to make
significant efforts to eliminate inhumane
conditions; and
(iv) describing the conditions in prisons
and other detention facilities in such country
unless this information has already been
included in the report required under section
4(a)(1).
(3) Briefing.--Not later than 180 days after the beginning
of consultations required under paragraph (1), the Secretary
shall brief the appropriate congressional committees on the
actions taken or agreed to be taken, if any, 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). Such information shall
also be included in the next report required under subsection
(a). If the Secretary determines that United States assistance
to such government should not be restructured, reprogrammed, or
reduced, the briefing and report shall contain an 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 2012.''.
SEC. 6. OFFICIAL TO MONITOR FOREIGN PRISON CONDITIONS.
The Secretary of State shall designate, within the Bureau of
Democracy, Human Rights, and Labor, an official at a minimum level of a
Deputy Assistant Secretary who shall have responsibility for
implementing the provisions of this Act, which shall be a substantial
part of such official's responsibilities. The Secretary shall instruct
relevant United States officials abroad to assist such official in
gathering information regarding conditions in foreign prisons and other
detention facilities and in implementing the provisions 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 and any amendment made by this Act--
(1) the prohibitions of section 104(f) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b(f)) shall apply to all
provisions of this Act and any amendment made by this Act and
shall not be construed to be altered by this Act; and
(2) the primary indicators for the elimination of inhumane
conditions in foreign prisons and other detention facilities,
as well as significant efforts and best practices to achieve
such indicators, shall not be determined based on the provision
of services for which funding is prohibited by section 104(f)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)).
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