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

		1.Short titleThis Act may be cited as the
			 Foreign Prison Conditions Improvement
			 Act of 2010.
		2.FindingsCongress 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.
			3.DefinitionsIn this Act:
			(1)Appropriate
			 congressional committeesThe 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 facilitiesThe 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
			 assistanceThe 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.).
			4.Actions to help
			 eliminate inhumane conditions in foreign prisons and other detention
			 facilities
			(a)Annual report to
			 Congress
				(1)Annual
			 reportNot 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—
					(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
			 effortsIn 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
			 reportsThe 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)PublicationThe
			 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
			 generalThe 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 prohibitionThe 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
			 fundsGrants 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)NegotiationsIn
			 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)AssistanceThe
			 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)VisasThe
			 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)ReportNot
			 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.
				5.Training for
			 foreign service officersSection 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.
				.
		6.New position to
			 monitor foreign prison conditionsThe 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.
		7.Authorization of
			 appropriationsThe 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.
		8.Rule of
			 constructionFor 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.

		1.Short titleThis Act may be cited as the
			 Foreign Prison Conditions Improvement
			 Act of 2010.
		2.FindingsCongress 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.
			3.DefinitionsIn this Act:
			(1)Appropriate
			 congressional committeesThe 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
			 facilitiesThe 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
			 assistanceThe 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.).
			4.Actions to help
			 eliminate inhumane conditions in foreign prisons and other detention
			 facilities
			(a)Annual report to
			 Congress
				(1)Annual
			 reportNot 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
			 effortsIn 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
			 reportsThe 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)PublicationThe
			 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
			 generalThe 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 prohibitionThe 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
			 fundsGrants 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)NegotiationsIn
			 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)AssistanceThe
			 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)VisasThe
			 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)BriefingNot
			 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.
				5.Training for foreign
			 service officersSection 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.
				.
		6.New position to monitor
			 foreign prison conditionsThe
			 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.
		7.Authorization of
			 appropriations
			(a)Foreign assistance
			 fundingIn 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 fundingIn 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.
			8.Rule of
			 constructionFor 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.

		December 21, 2010
		Reported with an amendment


		IV
		112th CONGRESS
		2d Session
		H. CON. RES. 115
		IN THE HOUSE OF REPRESENTATIVES

			March 29, 2012
			Ms. Buerkle (for
			 herself, Mr. Jordan,
			 Mr. Wilson of South Carolina,
			 Mr. Gosar,
			 Mr. Yoder,
			 Mr. Gohmert,
			 Mr. West, Mr. Sessions, Mrs.
			 McMorris Rodgers, Mr.
			 Neal, Mr. Rush,
			 Mr. Westmoreland,
			 Mr. Kline,
			 Mr. Lamborn,
			 Mr. Culberson,
			 Mr. Broun of Georgia,
			 Mr. Turner of New York,
			 Mr. McCaul,
			 Mr. Bilirakis,
			 Mr. Lance,
			 Mr. Hanna,
			 Mrs. Blackburn,
			 Mr. Holden,
			 Mr. Boren,
			 Mr. Bartlett,
			 Mr. Chaffetz,
			 Mr. Austria,
			 Mr. Gowdy,
			 Mr. Gallegly,
			 Mr. Tiberi,
			 Mr. Kingston,
			 Mr. Poe of Texas,
			 Mr. Stivers,
			 Mr. Burton of Indiana,
			 Mr. Runyan,
			 Mr. McClintock,
			 Mr. Smith of New Jersey,
			 Mr. Hensarling,
			 Mr. Bachus,
			 Mr. Pence,
			 Mr. Duncan of South Carolina,
			 Mr. Posey,
			 Mr. Chabot,
			 Mr. Barton of Texas,
			 Mr. Fleming,
			 Mr. Flores,
			 Mr. Franks of Arizona,
			 Mr. Ribble,
			 Mr. Harris,
			 Mr. Graves of Georgia,
			 Mrs. Lummis,
			 Mr. Lankford,
			 Mr. Fleischmann,
			 Mr. Stutzman,
			 Mr. Canseco,
			 Mr. Pitts,
			 Mr. Walsh of Illinois,
			 Mr. Manzullo,
			 Mrs. Hartzler,
			 Mrs. Schmidt,
			 Mr. Shimkus,
			 Mr. Cardoza,
			 Mr. Kelly,
			 Mrs. Adams,
			 Mr. Johnson of Ohio,
			 Mrs. Bachmann,
			 Mr. Mack, and
			 Mr. Griffith of Virginia) submitted
			 the following concurrent resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		CONCURRENT RESOLUTION
		Recognizing the 64th anniversary of the
		  independence of the State of Israel.

		Whereas on May 14, 1948, the State of Israel declared its
			 independence;
		Whereas the United States was one of the first nations to
			 recognize Israel, only 11 minutes after its creation;
		Whereas Israel has provided the opportunity for Jews from
			 all over the world to reestablish their ancient homeland;
		Whereas Israel is home to many religious sites sacred to
			 Judaism, Christianity, and Islam;
		Whereas Israel provided a refuge to Jews who survived the
			 unprecedented horrors of the Holocaust;
		Whereas the people of Israel have established a
			 pluralistic democracy which includes the freedoms cherished by the people of
			 the United States, including freedom of speech, freedom of religion, freedom of
			 association, freedom of the press, and government by the consent of the
			 governed;
		Whereas Israel continues to serve as a shining model of
			 democratic values by regularly holding free and fair elections, promoting the
			 free exchange of ideas, and vigorously exercising in its Parliament, the
			 Knesset, a democratic government that is fully representative of its
			 citizens;
		Whereas Israel has bravely defended itself from terrorist
			 and military attacks repeatedly since independence;
		Whereas the rocket attacks that have occurred in Israel in
			 recent years have caused hundreds of casualties and have destroyed homes,
			 schools, buildings, roads, power lines, and other significant
			 infrastructure;
		Whereas Israel has signed landmark peace treaties and
			 successfully established peaceful bilateral relations with neighboring Egypt
			 and Jordan;
		Whereas it is imperative for all countries in the Middle
			 East, and for United States’ interests in the Middle East, that these peace
			 treaties continue to be recognized and upheld by all involved parties;
		Whereas despite the deaths of over 1,000 innocent Israelis
			 over the last several years at the hands of murderous, suicide bombers and
			 other terrorists, the people of Israel continue to seek peace with their
			 Palestinian neighbors;
		Whereas Iran, which rejects Israel's right to exist as a
			 nation, is a continued threat to both Israel’s and the United States’ safety
			 and security, both through its support of terrorist groups like Hamas and
			 Hezbollah and through its ongoing efforts to acquire nuclear weapons;
		Whereas the United States and Israel enjoy a strategic
			 partnership based on shared democratic values, friendship, and respect;
		Whereas the people of the United States share an affinity
			 with the people of Israel and view Israel as a strong and trusted ally;
		Whereas Israel has made significant global contributions
			 in the fields of science, medicine, and technology; and
		Whereas Israel's Independence Day on the Jewish calendar
			 coincides this year with April 26, 2012: Now, therefore, be it

		That Congress—
			(1)recognizes the independence of the State of
			 Israel as a significant event in providing refuge and a national homeland for
			 the Jewish people and in establishing a democracy in the Middle East;
			(2)commends the
			 bipartisan commitment of all United States administrations and United States
			 Congresses since 1948 to stand by Israel and work for its security and
			 well-being;
			(3)asserts its
			 commitment to continue to stand with Israel during times of uncertainty
			 throughout the Middle East and North Africa;
			(4)expresses support
			 for Israel's right to confront and eliminate nuclear threats posed by Iran,
			 defend Israeli sovereignty, and protect the lives and safety of the Israeli
			 people, including the use of military force if no other peaceful solution can
			 be found within a reasonable time;
			(5)congratulates the
			 United States and Israel for the strengthening of bilateral relations in recent
			 years in the fields of defense, diplomacy, and homeland security, and
			 encourages both nations to continue their cooperation in resolving future
			 mutual challenges; and
			(6)extends warm
			 congratulations and best wishes to the people of Israel as they celebrate the
			 64th anniversary of Israel's independence.


		One Hundred Twelfth Congress of the United States
		  of America
		1st SessionBegun and held at the City of Washington on Wednesday, the fifth
		day of January, two thousand and eleven
		S. CON. RES. 29
		IN THE SENATE OF THE UNITED
		  STATES

			October 3, 2011
			Agreed
			 to

		CONCURRENT RESOLUTION
		Authorizing the use of the rotunda of the
		  United States Capitol for an event to present the Congressional Gold Medal,
		  collectively, to Neil A. Armstrong, Edwin E. Buzz Aldrin, Jr.,
		  Michael Collins, and John Herschel Glenn, Jr., in recognition of their
		  significant contributions to society.

		1.Use of the rotunda of the United States
			 Capitol to present the Congressional Gold Medal
			(a)AuthorizationThe rotunda of the United States Capitol is
			 authorized to be used on November 16, 2011 for the presentation of the
			 Congressional Gold Medal, collectively, to Neil A. Armstrong, Edwin E.
			 Buzz Aldrin, Jr., Michael Collins, and John Herschel Glenn, Jr.,
			 in recognition of their significant contributions to society.
			(b)PreparationsPhysical preparations for the conduct of
			 the event described in subsection (a) shall be carried out in accordance with
			 such conditions as may be prescribed by the Architect of the Capitol.

			Secretary of the Senate

			Clerk of the House of Representatives


115 SRES 75 ATS: Recognizing the 100th anniversary of the Academy of Nutrition and Dietetics, the largest organization of food and nutrition professionals in the world.
U.S. Senate
2017-03-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		115th CONGRESS
		1st Session
		S. RES. 75
		IN THE SENATE OF THE UNITED STATES

			March 1, 2017
			Mr. Portman (for himself, Mr. Brown, Mr. Cassidy, Mr. Cardin, Mr. Casey, Mr. Grassley, Mr. Strange, Mr. Van Hollen, Mrs. Feinstein, Mr. Boozman, Mr. Donnelly, Mr. Merkley, and Ms. Warren) submitted the following resolution; which was referred to the Committee on Agriculture, Nutrition, and Forestry

		October 30, 2017Committee discharged; considered and agreed toRESOLUTION
		Recognizing the 100th anniversary of the Academy of Nutrition and Dietetics, the largest
			 organization of food and nutrition professionals in the world.

 Whereas, on October 20, 1917, dietitians met in Cleveland, Ohio, to identify ways in which food and nutrition professionals could help the United States Government conserve food and improve public health and nutrition during World War I;
 Whereas the foundational meeting on October 20, 1917, led to the creation of the American Dietetics Association, now known as the Academy of Nutrition and Dietetics (referred to in this preamble as the Academy);
 Whereas, since the inception of the Academy, the Academy has grown from a charter membership of 58 individuals to the largest organization of food and nutrition professionals in the world, with a membership as of January 2017 of more than 75,000 individuals;
 Whereas the Academy is comprised of a diverse group of registered dietitian nutritionists and technicians, scientists, clinicians, educators, students, and other food and nutrition practitioners; and
 Whereas, through evidence-based research and education, members of the Academy play an important role in shaping the food choices and nutrition of the people of the United States: Now, therefore, be it

 That the Senate— (1)commemorates October 20, 2017, as the 100th anniversary of the Academy of Nutrition and Dietetics; and
 (2)applauds the Academy of Nutrition and Dietetics for its past, present, and future efforts to champion the principles established by its dietitian predecessors more than 100 years ago—
 (A)to promote food and nutrition professionals; and (B)to improve the health and wellness of all people of the United States through research, education, and advocacy.


115 HR 1924 IH: Community-Based Gang Intervention Act
U.S. House of Representatives
2017-04-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1924IN THE HOUSE OF REPRESENTATIVESApril 5, 2017Mr. Cárdenas (for himself, Ms. Clarke of New York, Mr. Cohen, Mr. Cummings, Mr. Johnson of Georgia, Ms. Michelle Lujan Grisham of New Mexico, Mr. Sean Patrick Maloney of New York, Mr. Raskin, Ms. Roybal-Allard, Mr. Serrano, Ms. Slaughter, Mr. Vargas, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo provide definitions of terms and services related to community-based gang intervention to ensure
			 that funding for such intervention is utilized in a cost-effective manner
			 and that community-based agencies are held accountable for providing
			 holistic, integrated intervention services, and for other purposes.

 1.Short titleThis Act may be cited as the Community-Based Gang Intervention Act. 2.Findings; sense of Congress (a)FindingsThe Congress finds as follows:
 (1)For the first time in the history of the United States, more than one in every 100 adults is incarcerated.
 (2)The United States incarcerates more people than any other country in the world, with more than 2,200,000 people behind bars and another 5,000,000 people on probation or parole.
 (3)The United States has only 5 percent of the world’s population, but 25 percent of the world’s prisoners.
 (4)In 2007, the Federal Government spent $19,617,000,000 on police protection, corrections, and judicial and legal services, representing a 286-percent increase since 1982. This included a 475-percent increase for corrections and a 287-percent increase for police protection.
 (5)The growing prison system is also impacting State budgets, with total State spending on incarceration topping $53,000,000,000 in 2012, up from $10,000,000,000 in 1987.
 (6)With increased prison costs, vital social programs and services such as education, job creation, housing, and healthcare are being cut or eliminated to maintain the prison industry.
 (7)Between 1987 and 2007, the amount States spent on corrections increased 127 percent, while the increase in higher education spending was only 21 percent.
 (8)Over the past 10 years, the State of California’s general fund expenditures for higher education have fallen 9 percent, while general fund expenditures for corrections and rehabilitation have increased 26 percent.
 (9)The State of California has the second largest prison population in the Nation with 165,062 prisoners under the jurisdiction of State or Federal correctional authorities in 2010.
 (10)According to one study, there are now 6 times as many gangs and at least twice the number of gang members in Los Angeles since the start of the 30-year war on gangs.
 (11)The city and county of Los Angeles have been dubbed the gang capital of the Nation with an estimated 463 gangs and 38,974 gang members in the city, and more than 1,300 gangs and 150,000 gang members in the county.
 (12)According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and drug abuse costs society between $1,700,000 and $2,300,000.
 (13)In the State of California, the average annual cost per inmate is $47,421 for an adult inmate, and $218,000 for a youth inmate.
 (14)The most recent data on overall State spending on juvenile justice programs reveals that in 1998, States spent nearly $4,200,000,000 on juvenile justice related programs, which was a 65-percent increase from fiscal year 1994. Of those expenditures, 67 percent went towards residential placements, while only 8.4 percent went towards delinquency prevention.
 (15)Gang and youth violence substantially decreases when governments address the root causes of gang violence and adequately fund community-based programs and practices.
 (16)Studies continue to prove that community-based gang intervention provides long-lasting, cost-effective results and opportunities for the youth and families most susceptible to gang violence.
 (b)Sense of CongressIt is the sense of Congress that, in developing a comprehensive violence reduction strategy, the United States should acknowledge and address larger, entrenched social conditions and issues such as poverty, homelessness, inadequate educational systems, and limited economic opportunities that give rise to gangs and gang violence.
			ICOMMUNITY-BASED GANG INTERVENTION AGENCIES
 101.Community-based gang intervention agenciesThe Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following new title:

					VICOMMUNITY-BASED GANG INTERVENTION GRANTS
 601.PurposeThe purpose of this title is to offer holistic and comprehensive support for the variety of community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including—
 (1)the regional level, to promote and coordinate peace truces and cease-fires between groups; (2)the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and
 (3)the neighborhood and street level, including with active gang members individually. 602.Support of community-based gang intervention agencies (a)Support of community-Based gang intervention agenciesSubject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c).
 (b)Eligible entityFor the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a proven track record and expertise in providing community-based gang intervention activities through a community-based gang intervention model.
 (c)Grant activitiesEach entity awarded a grant under this section shall carry out the following activities: (1)Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence internally between gang members and between rival gangs.
 (2)Develop local and regional truces by creating cease-fires or nonaggression agreements between rival gangs and neighborhoods.
 (3)Serve as conduits who facilitate constant dialogue and maintenance between gangs and neighborhoods. (4)Provide services that respond to the high levels of anxiety experienced by gang members to decompress critical situations due to traumatic events.
 (5)Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement.
 (6)Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident.
 (7)Facilitate the development of a community response plan, including training protocols, situational scene scenarios, and emergency response.
 (8)Make a reasonable effort to prevent gang-related rumors from intensifying tension between gangs or igniting violent responses by gangs.
 (9)Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities.
 (10)Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities.
 (11)Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods.
 (12)Work with schools to respond to gang-related issues and crises both in and outside of school. (13)Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include—
 (A)advocating for public sector and private sector assistance and services; (B)grief counseling; and
 (C)referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering.
 (14)Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including—
 (A)integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; and
 (B)gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems.
 (15)Provide public and private sector career job training, development, and placement, including— (A)job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving;
 (B)information about legal rights in the workplace; and (C)financial literacy.
 (16)Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement.
 (d)Availability of victims assistanceAn entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or past record.
 603.DefinitionsIn this title: (1)CommunityNotwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe.
 (2)Community-based gang intervention agencyThe term community-based gang intervention agency means a community-based organization, association, or other entity that— (A)promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and
 (B)has a history of, or experience or specific training in, effectively working with gang-involved youth and their families.
 (3)Community-based gang intervention modelThe term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that utilizes the two-prong approach of community-based intervention and an integrated approach of providing rehabilitative service delivery to gang-involved youth that—
 (A)deploys specialists in community-based gang intervention who are trained to utilize the two-prong approach of community-based gang intervention and who intercede, interact, and participate with and in the community to quell rumors, prevent and mediate conflicts, and respond to crises related to gang activity and violence;
 (B)delivers rehabilitative services to gang-involved individuals and families; and (C)addresses the barriers that gang-involved youth and their families encounter and the societal factors that promote gang violence.
 (4)Evidence-basedThe term evidence-based, when used with respect to a practice relating to gang activity prevention and intervention (including community-based gang intervention), means a practice (including a service, program, or strategy) that has statistically significant outcomes that include a reduction in gang-related violence and an increased number of youth in job development, recreation, arts-based activities, or faith-based activities. Such outcomes may be determined by—
 (A)an experimental trial, in which participants are randomly assigned to participate in the practice that is the subject of the trial; or
 (B)a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants.
 (5)GangThe term gang means a group of individuals— (A)organized by geography, culture, or activity;
 (B)that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and
 (C)who engage in the use of violence to defend the members or territory of the group. (6)PromisingThe term promising, when used with respect to a practice relating to community-based gang intervention, means a practice that is not evidence-based, but—
 (A)that has outcomes from an evaluation that demonstrate that such practice reduces gang-related violence and crime; or
 (B)about which a study is being conducted to determine if such practice is evidence-based. (7)YouthThe term youth means—
 (A)an individual who is 18 years of age or younger; or (B)in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger..
			IIAMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 201.Definition of community-based gang interventionSection 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended—
 (1)in paragraph (1), by inserting except when used in title VI, before the term; (2)in paragraph (28), by striking and after the semicolon;
 (3)in paragraph (29), by striking the period at the end and inserting ; and; and (4)by adding at the end the following new paragraph:

 (30)except when used as part of the term community-based gang intervention agency or community-based gang intervention model, the term community-based gang intervention means a two-prong approach to reducing gang violence that— (A)provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and
 (B)provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities..
 202.Community-based gang intervention representative to State advisory boardsSection 223(a)(3)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(3)(ii)) is amended—
 (1)in subclause (III), by inserting , or community-based gang intervention after delinquency prevention or treatment; and (2)in subclause (IV), by inserting community-based gang intervention, after prevention and treatment,.
 203.Grants for delinquency prevention programsSection 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5783) is amended—
 (1)in subsection (a)— (A)by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and
 (B)by inserting after paragraph (6) the following new paragraph:  (7)community-based gang intervention and gang prevention activities;; and
 (2)in subsection (c)(2), by inserting and community-based gang intervention before activities;.


I
108th CONGRESS 2d Session
H. R. 4958
IN THE HOUSE OF REPRESENTATIVES

July 22, 2004
Mr. John introduced the following bill; which was referred to the Committee on Resources

A BILL
To direct the Secretary of the Interior to conduct a sale of oil and gas leases on certain submerged lands of the outer Continental Shelf in the Eastern Gulf of Mexico.

1.Short titleThis Act may be cited as the Energy Independence for a Strong America Act of 2004.
2.Lease sale requiredThe Secretary of the Interior shall, as soon as practicable after the date of the enactment of this Act and under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337), conduct a sale of oil and gas leases on all submerged lands of the outer Continental Shelf in the Eastern Gulf of Mexico that—
(1)are depicted as Leased or Deferred—Not Offered on the Minerals Management Service document entitled Eastern Gulf of Mexico Lease Sale 181, December 2001 Lease Terms, Economic Conditions, Stipulations, and Deferred Blocks for the FINAL NOTICE OF SALE 181; and
(2)are not subject to a lease under that section.


116 S119 IS: Child Interstate Abortion Notification Act
U.S. Senate
2019-01-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 119IN THE SENATE OF THE UNITED STATESJanuary 15, 2019Mr. Rubio (for himself, Mr. Blunt, Mrs. Hyde-Smith, Mr. Risch, Mr. Hawley, Mr. Inhofe, Mr. Lankford, Mr. Roberts, Mr. Enzi, Ms. Ernst, Mrs. Fischer, Mr. Cramer, Mr. Rounds, Mr. Cruz, Mr. Cassidy, Mr. Scott of South Carolina, and Mr. Perdue) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to prohibit taking minors across State lines in
			 circumvention of laws requiring the involvement of parents in abortion
			 decisions.

 1.Short titleThis Act may be cited as the Child Interstate Abortion Notification Act.
		2.Transportation of
 minors in circumvention of certain laws relating to abortionPart I of title 18, United States Code, is amended by inserting after chapter 117 the following:

				117ATRANSPORTATION
				OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTIONSec.2431. Transportation of minors in
				  circumvention of certain laws relating to abortion.2432. Transportation of minors in
				  circumvention of certain laws relating to abortion and incest.
					2431.Transportation
				of minors in circumvention of certain laws relating to abortion
						(a)Offense
 (1)GenerallyExcept as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor’s abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both.
 (2)DefinitionFor the purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor’s abortion decision had the abortion been performed in the State in which the minor resides.
							(b)Exceptions
 (1)Life-endangering conditionsThe prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself.
 (2)Minors and parentsA minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section.
							(c)Affirmative
 DefenseIt is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant—
 (1)reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State in which the minor resides; or
 (2)was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion.
							(d)Civil
 ActionAny parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a).
 (e)DefinitionsFor the purposes of this section—
 (1)the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally—
 (A)kill the unborn child of a woman known to be pregnant; or (B)prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to—
 (i)increase the probability of a live birth or of preserving the life or health of the child after live birth; or
 (ii)remove a dead unborn child;
 (2)the term law requiring parental involvement in a minor’s abortion decision means a law—
 (A)requiring, before an abortion is performed on a minor, either—
 (i)the notification to, or consent of, a parent of that minor; or
 (ii)proceedings in a State court; and
 (B)that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph;
 (3)the term minor means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under a law requiring parental involvement in a minor’s abortion decision;
 (4)the term parent means—
 (A)a parent or guardian;
 (B)a legal custodian; or
 (C)an individual standing in loco parentis—
 (i)who has care and control of the minor; (ii)with whom the minor regularly resides; and
 (iii)who is designated by the law requiring parental involvement in the minor’s abortion decision as an individual to whom notification, or from whom consent, is required; and
 (5)the term State includes—
 (A)the District of Columbia; (B)any commonwealth, possession, or other territory of the United States; and
 (C)any Indian tribe or reservation.
								2432.Transportation
				of minors in circumvention of certain laws relating to abortion and
			 incest
 (a)OffenseNotwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.
 (b)DefinitionsFor the purposes of this section, the terms abortion, minor, and State have the meanings given those terms in section 2435..
		3.Child interstate
 abortion notificationPart I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following:

				117BCHILD
				INTERSTATE ABORTION NOTIFICATIONSec.2435. Child interstate abortion
				  notification.
					2435.Child
				interstate abortion notification
						(a)Offense
 (1)GenerallyA physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than 1 year, or both.
							(2)Parental
				notification
 (A)Actual noticeA physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion.
 (B)Constructive noticeIf actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced.
 (b)ExceptionsThe notification requirement under subsection (a)(2) shall not apply if—
 (1)the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law;
 (2)the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion;
 (3)the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect;
 (4)the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent of the minor in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or
 (5)the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor.
							(c)Civil
 ActionAny parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a).
 (d)DefinitionsFor the purposes of this section—
 (1)the term abortion means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally—
 (A)kill the unborn child of a woman known to be pregnant; or (B)prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to—
 (i)increase the probability of a live birth or of preserving the life or health of the child after live birth; or
 (ii)remove a dead unborn child;
 (2)the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician;
 (3)the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, excluding days on which mail is not delivered;
 (4)the term law requiring parental involvement in a minor’s abortion decision means a law—
 (A)requiring, before an abortion is performed on a minor, either—
 (i)the notification to, or consent of, a parent of that minor; or
 (ii)proceedings in a State court; and
 (B)that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph;
 (5)the term minor means an individual who—
 (A)has not attained the age of 18 years; and (B)is not emancipated under the law of the State in which the minor resides;
 (6)the term parent means—
 (A)a parent or guardian;
 (B)a legal custodian; or
 (C)an individual standing in loco parentis—
 (i)who has care and control of the minor; and (ii)with whom the minor regularly resides,
									as
 determined by State law;(7)the term physician means—
 (A)a doctor of medicine legally authorized to practice medicine by the State in which the doctor practices medicine; or
 (B)any other person legally empowered under State law to perform an abortion; and
 (8)the term State includes—
 (A)the District of Columbia; (B)any commonwealth, possession, or other territory of the United States; and
 (C)any Indian tribe or reservation..
		4.Clerical
 amendmentThe table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items:
			117A. Transportation of minors in circumvention of certain laws
				  relating to abortion2431117B. Child
				  interstate abortion
				  notification2435.
		5.Severability and
			 effective date
 (a)SeverabilityThe provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.
 (b)Effective dateThis Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.