,,ii #aacth ,,congress #ast ,session ,s4 #feg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjac ,mr4 ,leahy 7for himself and ,mr4 ,inhofe7 introduced the following bill2 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 health1 sanitation1 and safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,foreign ,prison ,conditions ,improvement ,act of #bjac4 #b4 ,findings ,congress makes the following findings3 7#a7 ,millions of incarcerated people in the world suffer inhumane conditions in prisons and other detention facilities that are overcrowded1 unsanitary1 and unsafe to the point of endangering their lives4 ,many governments do not respect the basic right of all individuals in detention or incarceration to be treated with humanity and with respect for the inherent dignity of the human person4 7#b7 ,rates of malnutrition and death among prisoners and other detainees far exceed those of the general population1 and medical treatment for serious illness or injury is1 in many instances1 non-existent or grossly inadequate4 7#c7 ,prisons are extremely high-risk environments for transmitting diseases1 particularly ,,hiv and tuberculosis1 and create grave risks to communities in which released prisoners live2 studies estimate that ,,hiv infection rates in prisons in developing countries can be as much as #ej times higher than in the general population1 and tuberculosis infection rates in prisons are more than #bj times higher than in the general population4 7#d7 ,these conditions are compounded by severe overcrowding in prisons and other detention facilities4 ,excessive pre-trial detention and dysfunctional justice systems frequently result in prisoners and other detainees spending years in such conditions before their cases are adjudicated4 ,in some countries1 such facilities are filled to capacity many times over resulting in conditions so cramped that individual prisoners cannot move without all doing so en masse4 7#e7 ,experts have documented widespread inhumane prison conditions1 including overcrowding1 inadequate food and water1 no access to hygiene products or medical care1 juveniles detained with adults1 and denial of visits from family4 7#f7 ,some governments fail to provide even the most rudimentary sanitation in prisons and other detention facilities1 putting prisoners and other detainees at even greater risk of easily preventable and often life-threatening diseases4 ,toilets are few or non-existent and human waste repositories often are located among the general prison population1 forcing prisoners to eat1 sleep1 and live in grossly unsanitary conditions4 7#g7 ,some governments fail to permit prisoners and other detainees reasonable contact with family members or other visitors4 ,many governments deny access to certain prisoners and detainees1 or do not provide information about their location1 health1 and well-being1 leaving them unaccounted for4 7#h7 ,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 facilities4 ,inadequate1 misplaced1 or lost records often result in prisoners and other detainees being incarcerated indefinitely because their cases have never been tried or otherwise adjudicated4 ,in other cases1 poor recordkeeping results in prisoners and other detainees being held long after their sentences have expired4 ,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 priority4 7#i7 ,the ,united ,states ,government currently provides significant amounts of assistance to countries whose governments operate prisons and other detention facilities that1 because of their inhumane conditions1 seriously jeopardize the lives of prisoners and other detainees held under their authority4 7#aj7 ,the ,department of ,state's #bjaa ,country ,reports on ,human ,rights ,practices reported prison conditions as poor1 inhumane1 or life threatening in scores of countries1 all of which receive ,united ,states assistance4 7#aa7 ,on ,february #ad1 #bjab1 a fire at the ,comayagua ,prison in ,honduras killed #cfj prisoners4 ,united ,states officials who investigated the fire attributed the deaths to severe overcrowding and poor safety practices4 ,in one overcrowded cell block1 only #d of #aje prisoners survived4 ,more than half of the prisoners were pretrial detainees who had never been convicted of any crime4 7#ab7 ,in many countries1 ,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 conditions4 7#ac7 ,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 conditions4 ,the ,united ,states ,government also should assist countries to eliminate inhumane conditions in prisons and other detention facilities4 7#ad7 ,eliminating inhumane conditions in foreign prisons and other detention facilities will strengthen the rule of law1 save lives1 and enhance the health and well-being of vulnerable people in poor countries1 and it will advance ,united ,states interests4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations and the ,committee on ,foreign ,relations of the ,senate2 and 7,b7 the ,committee on ,appropriations and the ,committee on ,foreign ,affairs of the ,house of ,representatives4 7#b7 ,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 means1 with respect to the operation or maintenance of prisons and other detention facilities in a foreign country that is a recipient of ,united ,states assistance1 the following3 7,a7 ,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 movement4 7,b7 ,human waste facilities are sanitary and accessible1 and human waste is disposed of regularly and in a sanitary manner4 7,c7 ,the lighting1 ventilation1 temperature1 and physical construction of prisons and other detention facilities do not seriously endanger the health and safety of prisoners4 7,d7 ,prisoners and other detainees have access to adequate food and potable drinking water4 7,e7 ,prisoners and other detainees have access to essential and emergency medical care4 7,f7 ,to the maximum extent practicable1 prisoners and other detainees are allowed religious observance and materials1 and contact with clergy1 family1 and friends1 by both correspondence and personal visits4 7#c7 ,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 #aifa 7#bb ,u4,s4,c4 #baea et seq471 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq471 or the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq474 #d4 ,efforts to help eliminate inhumane conditions in foreign prisons and other detention facilities 7a7 ,report to ,congress 7#a7 ,annual report 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and ,october #a every other year thereafter for a six-year period1 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 #cj 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 concerns4 ,in selecting such countries1 the ,secretary shall consider only the conditions within each country's prisons and detention facilities4 7,b7 ,content ,the report required under subparagraph 7,a7 shall1 for each country1 describe the conditions that raise human rights and humanitarian concerns1 including-- 7i7 a detailed and up to date review1 whenever possible1 of each of the primary indicators set forth in section #c7b7 and noting any efforts made to eliminate inhumane conditions as described in paragraph 7#b72 7ii7 an identification of those countries1 if any1 receiving ,united ,states assistance1 whose governments-- 7,i7 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 comply2 and 7,,ii7 do not meet one or more of the primary indicators and are not making significant efforts to comply2 and 7iii7 the steps being taken by the ,united ,states ,government to improve conditions in foreign prisons and other detention facilities4 7,c7 ,best practices ,the report shall also include a section on best practices for achieving the primary indicators4 7#b7 ,significant efforts ,in making determinations under paragraph 7#a77;,a7 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 facilities1 the ,secretary of ,state shall consider the extent to which the government of the country is-- 7,a7 regularly monitoring the conditions of prisons and other detention facilities under its authority1 including allowing access for independent monitors1 permitting prisoners and other detainees to submit complaints without censorship1 cooperating with humanitarian organizations in eliminating and monitoring inhumane conditions in prisons and other detention facilities1 promptly investigating credible allegations of inhumane conditions1 and making information concerning conditions and investigations available to the public and the ,secretary of ,state2 7,b7 taking effective steps to eliminate inhumane conditions in prisons and other detention facilities1 which may include1 among other steps1 appointing ombudsmen to serve on behalf of prisoners and other detainees1 providing alternatives to incarceration for nonviolent offenders in order to alleviate inhumane overcrowding1 addressing the status and circumstances of confinement of juveniles1 improving pretrial detention practices1 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 offense2 and 7,c7 increasing the amount of government resources to eliminate inhumane conditions in prisons and other detention facilities4 7#c7 ,use of country reports ,the report required under paragraph 7#a7 may draw from the discussion of prison conditions contained in the ,country ,reports on ,human ,rights ,practices required under sections #aaf7;d7 and #ejb;,b7b7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baean7d7 and #bcjd7;b774 7#d7 ,publication ,the report required under paragraph 7#a7 shall be made available to the public1 including on a publicly available website of the ,department of ,state4 7b7 ,assistance for governments ,to eliminate inhumane conditions in prisons and other detention facilities 7#a7 ,in general ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development should furnish assistance for the purpose of eliminating inhumane conditions in prisons and other detention facilities where such assistance would be appropriate and beneficial4 7#b7 ,inapplicability of prohibition ,the prohibitions under section #ffj of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bdbj7 shall not be applicable to assistance furnished to carry out the provisions of paragraph 7#a74 7#c7 ,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 grant1 but may not include the construction of new prisons4 ,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 ,representatives4 7c7 ,consultations with governments not making significant efforts ,to eliminate inhumane conditions in prisons and other detention facilities 7#a7 ,consultations ,in the case of a government of a country that is listed in the report submitted under subsection 7a77#a77;,b77ii77,,ii7 as not making significant efforts to eliminate inhumane conditions in prisons and other detention facilities1 the ,secretary of ,state shall1 not later than #ij days after the date such report is submitted1 enter into consultations with such government to achieve the purposes of this ,act4 7#b7 ,actions regarding ,united ,states assistance 7,a7 ,united ,states assistance ,the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development may restructure1 reprogram1 or reduce ,united ,states assistance for a government described in paragraph 7#a7 to achieve the purposes of this ,act4 7,b7 ,reporting ,if assistance is provided to a country whose government is described in paragraph 7#a71 the ,secretary of ,state shall submit to the appropriate congressional committees within #cj days of the decision to provide such assistance a report-- 7i7 explaining that any government agency or facility to receive assistance has the independence and commitment necessary to achieve the purposes of this ,act2 7ii7 detailing the purposes for which such assistance will be provided2 7iii7 describing the ,united ,states interest in providing such assistance notwithstanding the failure of the government to make significant efforts to eliminate inhumane conditions2 and 7iv7 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 #d7;a77#a74 7#c7 ,briefing ,not later than #ahj days after the beginning of consultations required under paragraph 7#a71 the ,secretary shall brief the appropriate congressional committees on the actions taken or agreed to be taken1 if any1 by the government of that country that constitute significant efforts to eliminate inhumane conditions in prisons and other detention facilities and the actions taken1 or that will be taken1 by the ,united ,states pursuant to paragraph 7#b74 ,such information shall also be included in the next report required under subsection 7a74 ,if the ,secretary determines that ,united ,states assistance to such government should not be restructured1 reprogrammed1 or reduced1 the briefing and report shall contain an explanation for that decision4 #e4 ,training for foreign service officers ,section #gjh of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7 is amended by adding at the end the following new subsection3 7d7 ,the ,secretary of ,state1 with the assistance of other relevant officials1 shall establish as part of the standard training provided for chiefs of mission1 deputy chiefs of mission1 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 ,practices1 instruction on matters related to conditions in such prisons and other detention facilities and the substance of the ,foreign ,prison ,conditions ,improvement ,act of #bjac4 4 #f4 ,official to monitor foreign prison conditions ,the ,secretary of ,state shall designate1 within the ,bureau of ,democracy1 ,human ,rights1 and ,labor1 an official at a minimum level of a ,deputy ,assistant ,secretary who shall have responsibility for implementing the provisions of this ,act1 which shall be a substantial part of such official's responsibilities4 ,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 ,act4 #g4 ,rule of construction ,for purposes of this ,act and any amendment made by this ,act-- 7#a7 the prohibitions of section #ajd7;f7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7f77 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 ,act2 and 7#b7 the primary indicators for the elimination of inhumane conditions in foreign prisons and other detention facilities1 as well as significant efforts and best practices to achieve such indicators1 shall not be determined based on the provision of services for which funding is prohibited by section #ajd7;f7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7f774