II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Prison Condi5 tions Improvement Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Millions of incarcerated people in the world 

9 suffer inhumane conditions in prisons and other deVerDate Mar 15 2010 03:04 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3577.IS S3577

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1 tention facilities that are overcrowded, unsanitary, 

2 and unsafe to the point of endangering their lives. 

3 Many governments do not respect their international 

4 commitments to ensure that all individuals in deten5 tion or incarceration are treated with humanity and 

6 with respect for the inherent dignity of the human 

7 person. 

8 (2) Rates of malnutrition and death among 

9 prisoners and other detainees far exceed those of the 

10 general population, and medical treatment for seri11 ous illness or injury is, in many instances, non-exist12 ent or grossly inadequate. 

13 (3) Prisons are extremely high-risk environ14 ments for transmitting diseases, particularly HIV 

15 and tuberculosis, and create grave risks to commu16 nities in which released prisoners live; studies esti17 mate that HIV infection rates in prisons in devel18 oping countries can be as much as 50 times higher 

19 than in the general population, and tuberculosis in20 fection rates in prisons are more than 20 times high21 er than in the general population. 

22 (4) These conditions are compounded by severe 

23 overcrowding in prisons and other detention facili24 ties. Excessive pre-trial detention and dysfunctional 

25 justice systems frequently result in prisoners and 


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1 other detainees spending years in such conditions be2 fore their cases are adjudicated. In some countries, 

3 such facilities are filled to capacity many times over 

4 resulting in conditions so cramped that individual 

5 prisoners cannot move without all doing so en 

6 masse. 

7 (5) Experts have documented widespread inhu8 mane prison conditions, including overcrowding, in9 adequate food and water, no access to hygiene prod10 ucts or medical care, juveniles detained with adults, 

11 and denial of visits from family. 

12 (6) Some governments fail to provide even the 

13 most rudimentary sanitation in prisons and other 

14 detention facilities, putting prisoners and other de15 tainees at even greater risk of easily preventable and 

16 often life-threatening diseases. Toilets are few or 

17 non-existent and human waste repositories often are 

18 located among the general prison population, forcing 

19 prisoners to eat, sleep, and live in grossly unsanitary 

20 conditions. 

21 (7) Some governments fail to permit prisoners 

22 and other detainees reasonable contact with family 

23 members or other visitors. Many governments deny 

24 access to certain prisoners and detainees, or do not 


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1 provide information about their location, health, and 

2 well-being, leaving them unaccounted for. 

3 (8) Inhumane conditions in prisons and other 

4 detention facilities often exist in countries where re5 sources for law enforcement are limited and only a 

6 small fraction of such resources are made available 

7 for the operation and maintenance of prisons and 

8 other detention facilities. Inadequate, misplaced, or 

9 lost records often result in prisoners and other de10 tainees being incarcerated indefinitely because their 

11 cases have never been tried or otherwise adjudicated. 

12 In other cases, poor recordkeeping results in pris13 oners and other detainees being held long after their 

14 sentences have expired. Allocating the relatively 

15 modest resources necessary to provide for the basic 

16 human needs of prisoners and other detainees and to 

17 remediate the inhumane conditions under which 

18 such prisoners are held is often a low priority. 

19 (9) The United States Government currently 

20 provides significant amounts of assistance to coun21 tries whose governments operate prisons and other 

22 detention facilities that, because of their inhumane 

23 conditions, seriously jeopardize the lives of prisoners 

24 and other detainees held under their authority. 


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1 (10) The Department of State’s 2011 Country 

2 Reports on Human Rights Practices reported prison 

3 conditions as poor, inhumane, or life threatening in 

4 scores of countries, all of which receive United 

5 States assistance. 

6 (11) On February 14, 2012, a fire at the 

7 Comayagua Prison in Honduras killed 360 pris8 oners. United States officials who investigated the 

9 fire attributed the deaths to severe overcrowding and 

10 poor safety practices. In one overcrowded cell block, 

11 only 4 of 105 prisoners survived. More than half of 

12 the prisoners were pretrial detainees who had never 

13 been convicted of any crime. 

14 (12) In many countries, United States citizens 

15 suffer serious harm and are at risk of death and 

16 mistreatment from being held in prisons and other 

17 detention facilities under inhumane conditions. 

18 (13) The United States Government should use 

19 its influence and resources to ensure that govern20 ments that receive United States assistance do not 

21 operate prisons and other detention facilities under 

22 inhumane conditions. The United States Govern23 ment also should assist countries to eliminate inhu24 mane conditions in prisons and other detention fa25 cilities. 


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1 (14) Eliminating inhumane conditions in for2 eign prisons and other detention facilities will 

3 strengthen the rule of law, save lives, and enhance 

4 the health and well-being of vulnerable people in 

5 poor countries, and it will advance United States in6 terests. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Appropriations and 

13 the Committee on Foreign Relations of the Sen14 ate; and 

15 (B) the Committee on Appropriations and 

16 the Committee on Foreign Affairs of the House 

17 of Representatives. 

18 (2) PRIMARY INDICATORS FOR THE ELIMI19 NATION OF INHUMANE CONDITIONS IN FOREIGN

20 PRISONS AND OTHER DETENTION FACILITIES.—The 

21 term ‘‘primary indicators for the elimination of inhu22 mane conditions in prisons and other detention fa23 cilities’’ means, with respect to the operation or 

24 maintenance of prisons and other detention facilities 


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1 in a foreign country that is a recipient of United 

2 States assistance, the following: 

3 (A) The number of inmates or detainees 

4 held in a facility does not so exceed prison ca5 pacity such that per capita floor space is insuf6 ficient to allow for humane sleeping conditions 

7 and reasonable physical movement. 

8 (B) Human waste facilities are sanitary 

9 and accessible, and human waste is disposed of 

10 regularly and in a sanitary manner. 

11 (C) The lighting, ventilation, temperature, 

12 and physical construction of prisons and other 

13 detention facilities do not seriously endanger 

14 the health and safety of prisoners. 

15 (D) Prisoners and other detainees have ac16 cess to adequate food and potable drinking 

17 water. 

18 (E) Prisoners and other detainees have ac19 cess to essential and emergency medical care. 

20 (F) To the maximum extent practicable, 

21 prisoners and other detainees are allowed reli22 gious observance and materials, and contact 

23 with clergy, family, and friends, by both cor24 respondence and personal visits. 


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1 (3) UNITED STATES ASSISTANCE.—The term 

2 ‘‘United States assistance’’ means any non-humani3 tarian assistance furnished to carry out the provi4 sions of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2151 et seq.), the Arms Export Control Act 

6 (22 U.S.C. 2751 et seq.), or the Millennium Chal7 lenge Act of 2003 (22 U.S.C. 7701 et seq.). 

8 SEC. 4. EFFORTS TO HELP ELIMINATE INHUMANE CONDI9 TIONS IN FOREIGN PRISONS AND OTHER DE10 TENTION FACILITIES. 

11 (a) REPORT TO CONGRESS.— 

12 (1) ANNUAL REPORT.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of the enactment of this 

15 Act, and annually thereafter for five years on 

16 October 1, the Secretary of State shall submit 

17 to the appropriate congressional committees a 

18 report describing the conditions in prisons and 

19 other detention facilities in at least 30 countries 

20 receiving United States assistance or under 

21 sanction by the United States selected as a re22 sult of the Secretary’s determination that such 

23 conditions raise the most serious human rights 

24 or humanitarian concerns. In selecting such 

25 countries, the Secretary shall consider only the 


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1 conditions within each country’s prisons and de2 tention facilities. 

3 (B) CONTENT.—The report required under 

4 subparagraph (A) shall, for each country, de5 scribe the conditions that raise human rights 

6 and humanitarian concerns, including— 

7 (i) a detailed and up-to-date review, 

8 whenever possible, of each of the primary 

9 indicators set forth in section 3(2) and 

10 noting any efforts made to eliminate inhu11 mane conditions as described in paragraph 

12 (2); and 

13 (ii) an identification of those coun14 tries, if any, receiving United States assist15 ance, whose governments— 

16 (I) do not meet one or more of 

17 the primary indicators for the elimi18 nation of inhumane conditions in pris19 ons and other detention facilities but 

20 are making significant efforts to com21 ply; and 

22 (II) do not meet one or more of 

23 the primary indicators and are not 

24 making significant efforts to comply; 

25 and 


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1 (iii) the steps being taken by the 

2 United States Government to improve con3 ditions in foreign prisons and other deten4 tion facilities. 

5 (C) BEST PRACTICES.—The report shall 

6 also include a section on best practices world7 wide for achieving the primary indicators. 

8 (2) SIGNIFICANT EFFORTS.—In making deter9 minations under paragraph (1)(A) as to whether the 

10 government of a country is making significant ef11 forts to comply with the primary indicators for the 

12 elimination of inhumane conditions in prisons and 

13 other detention facilities, the Secretary of State shall 

14 consider the extent to which the government of the 

15 country is— 

16 (A) regularly monitoring the conditions of 

17 prisons and other detention facilities under its 

18 authority, including allowing access for inde19 pendent monitors, permitting prisoners and 

20 other detainees to submit complaints without 

21 censorship, cooperating with international ex22 perts on eliminating and monitoring inhumane 

23 conditions in prisons and other detention facili24 ties, promptly investigating credible allegations 

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1 tion concerning conditions and investigations 

2 available to the public and the Secretary of 

3 State; 

4 (B) taking effective steps to eliminate in5 humane conditions in prisons and other deten6 tion facilities, which may include, among other 

7 steps, appointing ombudsmen to serve on behalf 

8 of prisoners and other detainees, providing al9 ternatives to incarceration for nonviolent of10 fenders in order to alleviate inhumane over11 crowding, addressing the status and cir12 cumstances of confinement of juveniles, improv13 ing pretrial detention practices, and imple14 menting bail and recordkeeping procedures to 

15 reduce pretrial detention periods and to ensure 

16 that prisoners do not serve beyond the max17 imum sentence for the charged offense; and 

18 (C) increasing the amount of government 

19 resources to eliminate inhumane conditions in 

20 prisons and other detention facilities. 

21 (3) USE OF COUNTRY REPORTS.—The report 

22 required under paragraph (1) may draw from the 

23 discussion of prison conditions contained in the 

24 Country Reports on Human Rights Practices re25 quired under sections 116(d) and 502B(b) of the 


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1 Foreign Assistance Act of 1961 (22 U.S.C. 

2 2151n(d) and 2304(b)). 

3 (4) PUBLICATION.—The report required under 

4 paragraph (1) shall be made available to the public, 

5 including on a publicly available Web site of the De6 partment of State. 

7 (b) ASSISTANCE FOR GOVERNMENTS TO ELIMINATE

8 INHUMANE CONDITIONS IN PRISONS AND OTHER DETEN9 TION FACILITIES.— 

10 (1) IN GENERAL.—The Secretary of State and 

11 the Administrator of the United States Agency for 

12 International Development should furnish assistance 

13 authorized under section 7 for the purpose of elimi14 nating inhumane conditions in prisons and other de15 tention facilities where such assistance would be ap16 propriate and beneficial. 

17 (2) INAPPLICABILITY OF PROHIBITION.—The 

18 prohibitions under section 660 of the Foreign Assist19 ance Act of 1961 (22 U.S.C. 2420) shall not be ap20 plicable to assistance furnished to carry out the pro21 visions of paragraph (1). 

22 (3) ASSISTANCE.—Assistance made available 

23 under this subsection shall be designated and used 

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1 ceiving the grant, but may not include the construc2 tion of new prisons. Funds made available under 

3 this section shall be subject to the regular notifica4 tion procedures of the Committees on Appropriations 

5 of the Senate and the House of Representatives. 

6 (c) CONSULTATIONS WITH GOVERNMENTS NOT

7 MAKING SIGNIFICANT EFFORTS TO ELIMINATE INHU8 MANE CONDITIONS IN PRISONS AND OTHER DETENTION

9 FACILITIES.— 

10 (1) CONSULTATIONS.—In the case of a govern11 ment of a country that is listed in the report sub12 mitted under subsection (a)(1)(B)(ii)(II) as not 

13 making significant efforts to eliminate inhumane 

14 conditions in prisons and other detention facilities, 

15 the Secretary of State shall, not later than 90 days 

16 after the date such report is submitted, enter into 

17 consultations with such government to achieve the 

18 purposes of this Act. 

19 (2) ACTIONS REGARDING UNITED STATES AS20 SISTANCE.— 

21 (A) UNITED STATES ASSISTANCE.—The 

22 Secretary of State and the Administrator of the 

23 United States Agency for International Devel24 opment may restructure, reprogram, or reduce 

25 United States assistance for a government deVerDate Mar 15 2010 03:04 Sep 25, 2012 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3577.IS S3577

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1 scribed in paragraph (1) to achieve the pur2 poses of this Act. 

3 (B) REPORTING.—If assistance is provided 

4 to a country whose government is described in 

5 paragraph (1), the Secretary of State shall sub6 mit to the appropriate congressional committees 

7 within 30 days of the decision to provide such 

8 assistance a report— 

9 (i) explaining that any government 

10 agency or facility to receive assistance has 

11 the independence and commitment nec12 essary to achieve the purposes of this Act; 

13 (ii) detailing the purposes for which 

14 such assistance will be provided; 

15 (iii) describing the United States in16 terest in providing such assistance notwith17 standing the failure of the government to 

18 make significant efforts to eliminate inhu19 mane conditions; and 

20 (iv) describing the conditions in pris21 ons and other detention facilities in such 

22 country unless this information has already 

23 been included in the report required under 

24 section 4(a)(1). 


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1 (3) BRIEFING.—Not later than 180 days after 

2 the beginning of consultations required under para3 graph (1), the Secretary shall brief the appropriate 

4 congressional committees on the actions taken or 

5 agreed to be taken, if any, by the government of 

6 that country that constitute significant efforts to 

7 eliminate inhumane conditions in prisons and other 

8 detention facilities and the actions taken, or that will 

9 be taken, by the United States pursuant to para10 graph (2). Such information shall also be included in 

11 the next report required under subsection (a). If the 

12 Secretary determines that United States assistance 

13 to such government should not be restructured, re14 programmed, or reduced, the briefing and report 

15 shall contain an explanation for that decision. 

16 SEC. 5. TRAINING FOR FOREIGN SERVICE OFFICERS. 

17 Section 708 of the Foreign Service Act of 1980 (22 

18 U.S.C. 4028) is amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(d) The Secretary of State, with the assistance of 

21 other relevant officials, shall establish as part of the stand22 ard training provided for chiefs of mission, deputy chiefs 

23 of mission, and other officers of the Service who are or 

24 will be involved in the assessment of conditions in foreign 

25 prisons and other detention facilities or the drafting of the 


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1 annual Country Reports on Human Rights Practices, in2 struction on matters related to conditions in such prisons 

3 and other detention facilities and the substance of the 

4 Foreign Prison Conditions Improvement Act of 2012.’’. 

5 SEC. 6. OFFICIAL TO MONITOR FOREIGN PRISON CONDI6 TIONS. 

7 The Secretary of State shall designate, within the 

8 Bureau of Democracy, Human Rights, and Labor, an offi9 cial at a minimum level of a Deputy Assistant Secretary 

10 who shall have responsibility for implementing the provi11 sions of this Act, which shall be a substantial part of such 

12 official’s responsibilities. The Secretary shall instruct rel13 evant United States officials abroad to assist such official 

14 in gathering information regarding conditions in foreign 

15 prisons and other detention facilities and in implementing 

16 the provisions of this Act. 

17 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) FOREIGN ASSISTANCE FUNDING.—In addition to 

19 funds otherwise available for such purposes, the Secretary 

20 of State may use funds available for any fiscal year to 

21 carry out the provisions of part I and chapter 4 of part 

22 II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 

23 et seq. and 22 U.S.C. 2346 et seq.) and the Support for 

24 East European Democracy (SEED) Act of 1989 (22 


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1 U.S.C. 5401 et seq.) to carry out the provisions of section 

2 4(b) of this Act, including for administrative expenses. 

3 (b) DIPLOMATIC AND CONSULAR AFFAIRS FUND4 ING.—In addition to funds otherwise available for such 

5 purposes, the Secretary of State may use funds available 

6 for any fiscal year to the Department of State for Diplo7 matic and Consular Programs to carry out the provisions 

8 of section 6 of this Act and section 708(d) of the Foreign 

9 Service Act of 1980, as added by section 5, including for 

10 administrative expenses. 

11 SEC. 8. RULE OF CONSTRUCTION. 

12 For purposes of this Act and any amendment made 

13 by this Act— 

14 (1) the prohibitions of section 104(f) of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 

16 2151b(f)) shall apply to all provisions of this Act 

17 and any amendment made by this Act and shall not 

18 be construed to be altered by this Act; and 

19 (2) the primary indicators for the elimination of 

20 inhumane conditions in foreign prisons and other de21 tention facilities, as well as significant efforts and 

22 best practices to achieve such indicators, shall not be 

23 determined based on the provision of services for 

24 which funding is prohibited by section 104(f) of the 


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1 Foreign Assistance Act of 1961 (22 U.S.C. 

2 2151b(f)). 

Æ 


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