September 19, 2012 CONGRESSIONAL RECORD — SENATE S6463 

conditions, the Secretary is to enter 

into consultations with their government to achieve the purposes of the 

Act. 

The legislation also provides for 

training of Foreign Service Officers, 

and directs the Secretary to designate, 

within the Department of State’s Bureau for Democracy, Human Rights, 

and Labor, an official with responsibility for implementing the provisions 

of the Act. 

Finally, it authorizes the expenditure 

of funds to implement the Act. 

Once enacted, the Foreign Prison 

Conditions Improvement Act of 2012 

will help foreign governments ensure 

that prisoners in their countries are 

treated as any people deprived of their 

freedom should be—as human beings, 

with dignity, in safety, and provided 

the basic necessities of life. 

In countries around the world, the 

United States is helping to reform justice systems and strengthen the rule of 

law. No justice system can claim to deliver justice if prisoners and other detainees are treated like animals, or 

worse. By helping to change attitudes, 

and showing how with relatively little 

money prison conditions can be significantly improved, we can help advance 

the cause of justice more broadly. 

Millions of people around the world 

look to the United States as a defender 

of justice. This legislation will further 

that goal and it reflects the best instincts of the American people. It has 

already been endorsed by a wide range 

of groups, including Amnesty International, USA; Baptist World Alliance, 

Division of Freedom and Justice; Ethics and Religious Liberty Commission 

of the Southern Baptist Convention; 

Human Rights First; Human Rights 

Watch; International CURE; International Justice Mission; International 

Prison Chaplains’ Association; Jewish 

Council for Public Affairs; Just Detention International; Justice Fellowship/ 

Prison Fellowship Ministries; National 

Association of Evangelicals; National 

Religious Campaign Against Torture; 

New Evangelical Partnership for the 

Common Good; Open Society Policy 

Center; Penal Reform International; 

Religious Action Center of Reform Judaism; United Methodist Church, General Board of Church and Society; and 

the United States Conference of Catholic Bishops. I want to thank these 

groups for their support and their efforts to focus attention on this urgent 

problem. 

Identical legislation is being introduced today in the House by Representatives CHRIS SMITH and RUSS CARNAHAN, both of whom care deeply about 

this issue, so this is a bipartisan, bicameral effort. 

Finally, I want to thank Senator 

INHOFE, who has visited many African 

countries and has witnessed the problems this legislation seeks to address, 

as well as his staff, who have been very 

helpful in this process. At a time when 

some people seem to get satisfaction 

from calling Washington broken, this 

is another example of how two Senators and two Representatives, of different parties, whose political views 

often differ, can work together in furtherance of a just cause. 

Mr. INHOFE. Mr. President, it is 

with great pleasure that I introduce 

the Foreign Prison Conditions Improvement Act along with my friend 

from Vermont, Senator PATRICK

LEAHY. 

This bill seeks to identify and eliminate unhealthy and unsafe prison conditions found in developing countries 

like Haiti and on the African continent 

where millions suffer in inhumane conditions. 

Overcrowded, unsanitary detention 

and incarceration facilities endanger 

lives. This extremely high risk environment is a breeding ground for disease, particularly HIV/AIDs and tuberculosis, and creates 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 there are more than 20 times higher than in the general population. 

Our bill encourages these developing 

nations to provide humane and sanitary prison conditions so that prisoners can be released in good health, 

and thus stem one of the causes of the 

spread of HIV and tuberculosis among 

the general public. Our bill also focuses 

on eliminating excessive pre-trial detention and dysfunctional justice systems which frequently result in prisoners and other detainees spending 

years in unhealthy prison conditions 

before their cases are even adjudicated. 

Tragically, inadequate, misplaced or 

lost records often result in the incarcerated being held indefinitely because 

their cases have never been heard. Unbelievably, such poor recordkeeping 

has kept many in prison long after 

their sentences have been served. 

Specifically, our bill calls upon the 

Department of State to submit to Congress an annual report that describes 

inhuman prison conditions in at least 

30 countries receiving U.S. foreign assistance. It gives the Secretary of 

State and Administrator of the U.S. 

Agency for International Development 

the discretion to restructure, reprogram or reduce U.S. foreign assistance 

to these countries based upon whether 

they are making ‘‘significant efforts’’ 

to eliminate inhuman conditions in 

their prisons and other detention facilities. 

The goals of this bill are noble, but it 

will take close monitoring and hard 

work by our U.S. Foreign Service personnel on the ground overseas to fulfill 

this work. That is why our bill directs 

the Secretary of State to provide training to these embassy and consulate 

personnel so that they can effectively 

investigate and assess prison conditions in foreign prisons as well as assist these foreign governments to adopt 

substantive prison reforms. The Secretary is also directed to designate and 

task a Deputy Assistant Secretary of 

State within the Bureau of Democracy, 

Human Rights and Labor with the responsibility for gathering the information for the annual report and make 

recommendations to the Secretary 

based off its conclusions. 

I have visited Africa frequently, and 

I believe that given the chance, the 

majority of Africa’s leaders will welcome the opportunity to interact with 

our embassy and consulate personnel 

and adopt the best practices for achieving the elimination of unhealthy and 

unsafe conditions in their prisons and 

other detention facilities. 

The task at hand reminds me of the 

teaching of Jesus in Matthew 25:39:40 

when he said, ‘‘when did we see you 

sick or in prison and visit you?’’ And 

the King will answer them, ‘Truly, I 

say to you, as you did it to one of the 

least of these my brothers, you did it 

to me.’’’ 

We are all our brothers’ keepers. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 559—HONORING REAR ADMIRAL JONATHAN W. BAILEY FOR HIS LIFETIME OF SELFLESS COMMITMENT AND EXEMPLARY SERVICE 

TO THE UNITED STATES 

Mr. BEGICH (for himself and Ms. 

SNOWE) submitted the following resolution; which was referred to the Committee on Commerce, Science, and 

Transportation: 

S. RES. 559 

Whereas Rear Admiral Jonathan W. Bailey, the Director of the National Oceanic and 

Atmospheric Administration (referred to in 

this preamble as ‘‘NOAA’’) Commissioned Officer Corps (referred to in this preamble as 

the ‘‘NOAA Corps’’), retires from the NOAA 

Corps on September 30, 2012, after 32 distinguished years of service; 

Whereas Rear Admiral Bailey was appointed Director of the NOAA Corps by Secretary of Commerce Carlos M. Gutierrez on 

October 1, 2007, after nomination for the position by President George W. Bush and confirmation by the United States Senate; 

Whereas Rear Admiral Bailey has commanded with distinction and provided exceptional leadership to the NOAA Corps since 

2007, and has upheld the NOAA Corps values 

of honor, respect, and commitment; 

Whereas Rear Admiral Bailey has had a 

balanced operational career, with 7 years of 

sea duty and almost 9 years of flight duty piloting aircraft for NOAA; 

Whereas Rear Admiral Bailey played a 

critical role in developing innovative strategies to improve the NOAA Corps workforce; 

Whereas Rear Admiral Bailey oversaw the 

aerial- and ground-based mapping operations 

by NOAA that aided search and recovery efforts at the World Trade Center and Pentagon after the September 11, 2001, terrorist 

attacks; 

Whereas Rear Admiral Bailey has ensured 

that the NOAA Corps provides NOAA with a 

cadre of officers trained in engineering and 

science who operate ships, fly aircraft, manage research projects, conduct diving operations, and serve in staff positions throughout NOAA; 


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S6464 CONGRESSIONAL RECORD — SENATE September 19, 2012 

Whereas Rear Admiral Bailey, during his 

tenure as Director of the NOAA Corps, has 

also served as the Director of the NOAA Office of Marine and Aviation Operations, ensuring that one of the largest civilian research fleets of ships and aircraft in the 

United States was modernized and prepared 

to support the NOAA mission of science, 

service, and stewardship; 

Whereas Rear Admiral Bailey was nominated by President Barack Obama to serve 

as a Commissioner on the Mississippi River 

Commission; and 

Whereas, as NOAA bids fair winds and following seas to Rear Admiral Bailey, it is appropriate that he be remembered for his exceptional and tireless service to the United 

States and commended for his enviable list 

of career accomplishments: Now, therefore, 

be it 

Resolved, That the Senate recognizes and 

honors Rear Admiral Jonathan W. Bailey of 

the National Oceanic and Atmospheric Administration Commissioned Officer Corps, on 

behalf of a grateful United States, for his 

lifetime of selfless commitment and exemplary service. 

f 

SENATE RESOLUTION 560—COMMEMORATING THE 150TH ANNIVERSARY OF THE MARYLAND 

CAMPAIGN DURING THE CIVIL 

WAR 

Mr. CARDIN (for himself and Ms. MIKULSKI) submitted the following resolution; which was referred to the Committee on Energy and Natural Resources: 

S. RES. 560 

Whereas because of geographic position, 

Maryland and the citizens of Maryland 

played a key role in the military and political struggles of the Civil War; 

Whereas during the conflict, controlling 

Maryland was key due to the proximity to 

Washington D.C., the fact that Maryland 

shared a border with Virginia and the States 

still remaining in the Union, and the position of Baltimore as a key railroad link to 

the West; 

Whereas, on September 4, 1862, General 

Robert E. Lee led his Confederate Army of 

northern Virginia across the Potomac River 

near Leesburg, Virginia into Maryland, 

marking first invasion by General Lee of the 

North during the Civil War; 

Whereas, on September 7, 1862, General 

George B. McClellan moved the Union Army 

of the Potomac forces out of Washington 

D.C. in pursuit; 

Whereas, over the ensuing 2 weeks, pitched 

battles were fought in Harper’s Ferry and 

Shepardstown in West Virginia and South 

Mountain and Antietam in Maryland, as the 

2 forces confronted one another amidst the 

Appalachian Mountains; 

Whereas on September 17, 1862, the climax 

of the Maryland Campaign took place on the 

banks of Antietam Creek, near the town of 

Sharpsburg, Maryland; 

Whereas on September 17, 1862, fighting 

began before dawn when Union forces advanced on Confederate defensive positions 

behind Antietam Creek, launching 3 assaults 

along the Cornfield, East Woods, West 

Woods, and Sunken Road for 8 hours; 

Whereas the brutal fighting to cross 

Burnside Bridge and into Sharpsburg lasted 

until the afternoon and both armies suffered 

heavy casualties, ending the combat after a 

gruesome 12 hours; 

Whereas both sides engaged in slow, savage 

fighting at close range, resulting in the single bloodiest day of war in American history, 

with nearly 23,000 total casualties, representing 25 percent of the Union force, and 

31 percent of the Confederate force; 

Whereas the tactical result of the battle 

was inconclusive, as each side maintained 

position until the bitter end; 

Whereas on September 18, 1862, as the opposing armies gathered the wounded and buried the dead, General Lee withdrew the Confederate Army back across the Potomac 

River into Virginia, ending the invasion; 

Whereas the Battle of Antietam pitted 

Marylanders on opposite sides of the fighting, emblematic of national division of the 

Civil War pitting ‘‘brother against brother’’; 

Whereas the people of the United States 

honor those Marylanders and others who valiantly fought in the Civil War, endured the 

hardships brought on by the conflict, and 

who made the ultimate sacrifice to form a 

more perfect Union; and 

Whereas during the sesquicentennial of the 

Maryland Campaign, it is fitting that the 

National Park Service, the Maryland Heritage Areas Authority, and all others involved 

recognize the bravery and steadfast determination of the Marylanders and all people 

affected by the Civil War: Now, therefore, be 

it 

Resolved, That the Senate— 

(1) commemorates the 150th anniversary of 

the Maryland Campaign of the Civil War, 

culminating in the Battle of Antietam; and 

(2) recognizes the dedication and commitment of the National Park Service, the 

Maryland Heritage Areas Authority, and all 

others involved, for preserving the heritage 

and promoting the rich history of the United 

States. 

f 

SENATE RESOLUTION 561—RECOGNIZING NATIONAL NATIVE 

AMERICAN HERITAGE MONTH 

AND CELEBRATING THE HERITAGES AND CULTURES OF NATIVE AMERICANS AND THE CONTRIBUTIONS OF NATIVE AMERICANS TO THE UNITED STATES 

Mr. AKAKA (for himself, Mr. BARRASSO, Mr. INOUYE, Mr. CRAPO, Mr. 

JOHNSON of South Dakota, Ms. MURKOWSKI, Ms. CANTWELL, Mr. TESTER, 

Mr. FRANKEN, Mr. UDALL of New Mexico, and Mr. JOHANNS) submitted the 

following resolution; which was referred to the Committee on Indian Affairs. 

S. RES. 561 

Whereas from November 1, 2012, through 

November 30, 2012, the United States celebrates National Native American Heritage 

Month; 

Whereas Native Americans are descendants 

of the original, indigenous inhabitants of 

what is now the United States; 

Whereas the United States Bureau of the 

Census estimated in 2009 that there were almost 5,000,000 individuals in the United 

States of Native American descent; 

Whereas Native Americans maintain vibrant cultures and traditions and hold a 

deeply rooted sense of community; 

Whereas Native Americans have moving 

stories of tragedy, triumph, and perseverance that need to be shared with future generations; 

Whereas Native Americans speak and preserve indigenous languages, which have contributed to the English language by being 

used as names of individuals and locations 

throughout the United States; 

Whereas Congress has recently reaffirmed 

its support of tribal self-governance and its 

commitment to improving the lives of all 

Native Americans by enhancing health care 

services, increasing law enforcement resources, and approving settlements of litigation involving Indian tribes and the United 

States; 

Whereas Congress is committed to improving the housing conditions and socioeconomic status of Native Americans; 

Whereas the United States is committed to 

strengthening the government-to-government relationship that it has maintained 

with the various Indian tribes; 

Whereas Congress has recognized the contributions of the Iroquois Confederacy, and 

its influence on the Founding Fathers in the 

drafting of the Constitution of the United 

States with the concepts of freedom of 

speech, the separation of governmental powers, and the system of checks and balances 

between the branches of government; 

Whereas with the enactment of the Native 

American Heritage Day Act of 2009 (Public 

Law 111–33; 123 Stat. 1922), Congress— 

(1) reaffirmed the government-to-government relationship between the United States 

and Native American governments; and 

(2) recognized the important contributions 

of Native Americans to the culture of the 

United States; 

Whereas Native Americans have made distinct and important contributions to the 

United States and the rest of the world in 

many fields, including the fields of agriculture, medicine, music, language, and art, 

and Native Americans have distinguished 

themselves as inventors, entrepreneurs, spiritual leaders, and scholars; 

Whereas Native Americans have served 

with honor and distinction in the Armed 

Forces of the United States, and continue to 

serve in the Armed Forces in greater numbers per capita than any other group in the 

United States; 

Whereas the United States has recognized 

the contribution of the Native American 

code talkers in World War I and World War 

II, who used indigenous languages as an unbreakable military code, saving countless 

Americans; and 

Whereas the people of the United States 

have reason to honor the great achievements 

and contributions of Native Americans and 

their ancestors: Now, therefore, be it 

Resolved, That the Senate— 

(1) recognizes the month of November 2012 

as National Native American Heritage 

Month; 

(2) recognizes the Friday after Thanksgiving as ‘‘Native American Heritage Day’’ 

in accordance with the Native American Heritage Day Act of 2009 (Public Law 111–33; 123 

Stat. 1922); and 

(3) urges the people of the United States to 

observe National Native American Heritage 

Month and Native American Heritage Day 

with appropriate programs and activities. 

Mr. AKAKA. Mr. President, as Chairman of the Committee on Indian Affairs, I am sponsoring a resolution, cosponsored by Senators BARRASSO, 

INOUYE, CRAPO, JOHNSON of South Dakota, MURKOWSKI, CANTWELL, TESTER, 

FRANKEN, and UDALL of New Mexico, 

designating November as National Native American Heritage Month and November 23rd of this year as Native 

American Heritage Day. 

This resolution recognizes the contributions of Native Americans and 

their cultures to our country, recognizes Congress’ commitment to improving the socioeconomic status of 

Native Americans, and reaffirms the 

unique, government-to-government relationship between Native governments 


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