[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1765 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1765
To provide for the analysis of the incidence and effects of prison rape
in Federal, State, and local institutions and to provide information,
resources, recommendations, and funding to protect individuals from
prison rape.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 10, 2003
Mr. Wolf (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the analysis of the incidence and effects of prison rape
in Federal, State, and local institutions and to provide information,
resources, recommendations, and funding to protect individuals from
prison rape.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short title.--This Act may be cited as the ``Prison Rape
Reduction Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. National prison rape statistics, data, and research.
Sec. 5. Prison rape prevention and prosecution.
Sec. 6. Prison rape prevention and prosecution grants.
Sec. 7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Model standards for acute post-trauma treatment.
Sec. 10. Requirement that accreditation organizations adopt
accreditation standards.
Sec. 11. Designation of grant programs for funding increases;
adjustments to increases.
Sec. 12. Definitions.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) 2,100,146 persons were incarcerated in the United
States at the end of 2001: 1,324,465 in Federal and State
Prisons and 631,240 in county and local jails. In 1999, there
were more than 10,000,000 separate admissions to and discharges
from prisons and jails.
(2) Insufficient research has been conducted and
insufficient data reported on the extent of prison rape.
However, experts have conservatively estimated that at least 13
percent of the inmates in the United States have been sexually
assaulted in prison. Many inmates have suffered repeated
assaults. Under this estimate, nearly 200,000 inmates now
incarcerated have been or will be the victims of prison rape.
The total number of inmates who have been sexually assaulted in
the past 20 years likely exceeds 1,000,000.
(3) Inmates with mental illness are at increased risk of
sexual victimization. America's jails and prisons house more
mentally ill individuals than all of the Nation's psychiatric
hospitals combined. As many as 16 percent of inmates in state
prisons and jails, and 7 percent of Federal inmates, suffer
from mental illness.
(4) Young first-time offenders are at increased risk of
sexual victimization. Juveniles are 5 times more likely to be
sexually assaulted in adult rather than juvenile facilities--
often within the first 48 hours of incarceration.
(5) Most prison staff are not adequately trained or
prepared to prevent, report, or treat inmate sexual assaults.
(6) Prison rape often goes unreported, and inmate victims
often receive inadequate treatment for the severe physical and
psychological effects of sexual assault--if they receive
treatment at all.
(7) HIV and AIDS are major public health problems within
America's correctional facilities. In 2000, 25,088 inmates in
Federal and State prisons were known to be infected with HIV/
AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of
all deaths in Federal and State prisons. Infection rates for
other sexually transmitted diseases, tuberculosis, and
hepatitis B and C are also far greater for prisoners than for
the American population as a whole. Prison rape undermines the
public health by contributing to the spread of these diseases,
and often giving a potential death sentence to its victims.
(8) Prison rape endangers the public safety by making
brutalized inmates more likely to commit crimes when they are
released--as 600,000 inmates are each year.
(9) The frequently interracial character of prison sexual
assaults significantly exacerbates interracial tensions, both
within prison and, upon release of perpetrators and victims
from prison, in the community at large.
(10) Prison rape increases the level of homicides and other
violence against inmates and staff, and the risk of
insurrections and riots.
(11) Victims of prison rape suffer severe physical and
psychological effects that hinder their ability to integrate
into the community and maintain stable employment upon their
release from prison. They are thus more likely to become
homeless and/or require government assistance.
(12) Members of the public and government officials are
largely unaware of the epidemic character of prison rape and
the day-to-day horror experienced by victimized inmates.
(13) The high incidence of sexual assault within prisons
involves actual and potential violations of the United States
Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the
Supreme Court ruled that deliberate indifference to the
substantial risk of sexual assault violates prisoners' rights
under the Cruel and Unusual Punishments Clause of the Eighth
Amendment. The Eighth Amendment rights of State and local
prisoners are protected through the Due Process Clause of the
Fourteenth Amendment. Pursuant to Congress's power under
Section Five of the Fourteenth Amendment, Congress may take
action to enforce those rights in States where officials have
demonstrated such indifference. States in which the incidence
of prison rape exceeds the median by 30 percent whose officials
refuse to explain their policies and practices regarding sexual
assault and States that do not adopt carefully selected grant
performance standards that do not generate significant
additional expenditures demonstrate such indifference.
Therefore, such States are not entitled to the same level of
Federal benefits as other States.
(14) The high incidence of prison rape undermines the
effectiveness and efficiency of United States Government
expenditures through grant programs such as those dealing with
health care; mental health care; disease prevention; crime
prevention, investigation, and prosecution; prison
construction, maintenance, and operation; race relations;
poverty; unemployment and homelessness. The effectiveness and
efficiency of these Federally funded grant programs are
compromised by officials' failure to adopt policies and
procedure that reduce the incidence of prison rape in that the
high incidence of prison rape--
(A) increases the costs incurred by Federal, State,
and local jurisdictions to administer their prison
systems;
(B) increases the levels of violence, directed at
inmates and at staff, within prisons;
(C) increases health care expenditures, both inside
and outside of prison systems, and reduces the
effectiveness of disease prevention programs by
substantially increasing the incidence and spread of
HIV, AIDS, tuberculosis, hepatitis B and C, and other
diseases;
(D) increases mental health care expenditures, both
inside and outside of prison systems, by substantially
increasing the rate of post-traumatic stress disorder,
depression, suicide, and the exacerbation of existing
mental illnesses among current and former inmates;
(E) increases the risks of recidivism, civil
strife, and violent crime by individuals who have been
brutalized by prison rape; and
(F) increases the level of interracial tensions and
strife within prisons and, upon release of perpetrators
and victims, in the community at large.
(15) The high incidence of prison rape has a significant
effect on interstate commerce because it increases
substantially--
(A) the costs incurred by Federal, State, and local
jurisdictions to administer their prison systems;
(B) the incidence and spread of HIV, AIDS,
tuberculosis, hepatitis B and C, and other diseases,
contributing to increased health and medical
expenditures throughout the Nation;
(C) the rate of post-traumatic stress disorder,
depression, suicide, and the exacerbation of existing
mental illnesses among current and former inmates,
contributing to increased health and medical
expenditures throughout the Nation; and
(D) the risk of recidivism, civil strife, and
violent crime by individuals who have been brutalized
by prison rape.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) establish a zero-tolerance standard for the incidence
of prison rape in prisons in the United States;
(2) make the prevention of prison rape a top priority in
each prison system;
(3) develop and implement national standards for the
detection, prevention, reduction, and punishment of prison
rape;
(4) increase the available data and information on the
incidence of prison rape, consequently improving the management
and administration of correctional facilities;
(5) standardize the definitions used for collecting data on
the incidence of prison rape;
(6) increase the accountability of prison officials who
fail to detect, prevent, reduce, and punish prison rape.
(7) protect the Eighth Amendment rights of Federal, State,
and local prisoners;
(8) increase the efficiency and effectiveness of Federal
expenditures through grant programs such as those dealing with
health care; mental health care; disease prevention; crime
prevention, investigation, and prosecution; prison
construction, maintenance, and operation; race relations;
poverty; unemployment; and homelessness; and
(9) reduce the costs that prison rape imposes on interstate
commerce.
SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH.
(a) Annual Comprehensive Statistical Review.--
(1) In general.--The Bureau of Justice Statistics of the
Department of Justice (in this section referred to as the
``Bureau'') shall carry out, for each calendar year, a
comprehensive statistical review and analysis of the incidence
and effects of prison rape. The statistical review and analysis
shall include, but not be limited to the identification of the common
characteristics of--
(A) both victims and perpetrators of prison rape;
and
(B) prisons and prison systems with a high
incidence of prison rape.
(2) Sampling techniques.--The analysis under paragraph (1)
shall be based on a random sample, or other scientifically
appropriate sample, of not less than 10 percent of all Federal,
State, and county prisons, and a representative sample of
municipal prisons. The selection shall include at least one
prison from each State. The selection of facilities for
sampling shall be made at the latest practicable date prior to
conducting the surveys and shall not be disclosed to any
facility or prison system official prior to the time period
studied in the survey. Selection of a facility for sampling
during any year shall not preclude its selection for sampling
in any subsequent year.
(3) Surveys.--In carrying out the review required by this
subsection, the Bureau shall, in addition to such other methods
as the Bureau considers appropriate, use surveys and other
statistical studies of current and former inmates from a sample
of Federal, State, county, and municipal prisons. The Bureau
shall ensure the confidentiality of each survey participant.
(4) Failure to participate.--If, after receiving a request
from the Bureau under subparagraph (a)(2), a State of local
official or facility administrator declines to participate in
the national survey or prohibits access to any inmates under
their legal custody, the entity represented by that official,
or any jurisdiction to which the facility is subject, shall not
be entitled in any funding increases under section 4,
subsections (b)(3)(C) or (f).
(b) Review Panel on Prison Rape.--
(1) Establishment.--To assist the Bureau in carrying out
the review and analysis under subsection (a), there is
established, within the Bureau, the Review Panel on Prison Rape
(in this section referred to as the ``Panel'').
(2) Membership.--
(A) Composition.--The Panel shall be composed of 3
members, each of whom shall be appointed by the
Attorney General, in consultation with the Secretary of
Health and Human Services.
(B) Qualifications.--Members of the Panel shall be
selected from among individuals with knowledge or
expertise in matters to be studied by the Panel.
(3) Public hearings.--
(A) In general.--The duty of the Panel shall be to
carry out, for each calendar year, public hearings
concerning the operation of each entity identified in a
report under clause (ii) or (iii) of subsection
(c)(2)(B). The purpose of these hearings shall be to
collect evidence to aid in the identification of common
characteristics of both victims and perpetrators of
prison rape, and the identification of common
characteristics of prisons and prison systems with a
high incidence of prison rape.
(B) Testimony at hearings.--
(i) Public officials.--In carrying out the
hearings required under subparagraph (A), the
Panel shall request the public testimony of
Federal, State, and local officials (and
organizations that represent such officials),
including the warden or director of each prison
and the head of the prison system encompassing
such prison, who bear responsibility for the
prevention, detection, and punishment of prison
rape at each entity.
(ii) Victims.--The Panel may request the
testimony of prison rape victims, organizations
representing such victims, and other
appropriate individuals and organizations.
(C) Funding increase after testimony.--If, after
receiving a request by the Panel under subparagraph
(B)(i), a State or local official from an entity
identified in a report under clause (ii) or (iii) of
subsection (c)(2)(B) testifies at a reasonably
designated time, the proportional share of the total
Federal funds of the grant programs designated under
section 11 provided to the entity represented by the
official shall be increased by 10 percent in the fiscal
year following the fiscal year in which the official
testifies. No entity shall receive an increase in its
proportional share of more than 10 percent under this
subsection. This increase shall be in addition to any
other increase provided under this Act.
(c) Reports.--
(1) In general.--Not later than March 30 of each year, the
Bureau shall submit a report on the activities of the Bureau
(including the Review Panel), with respect to prison rape, for
the preceding calendar year to--
(A) Congress;
(B) the Attorney General; and
(C) the Secretary of Health and Human Services.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) with respect to the effects of prison rape,
statistical, sociological, and psychological data; and
(B) with respect to the incidence of prison rape--
(i) statistical data aggregated at the
Federal, State, prison system, and prison
levels;
(ii) an identification of the Federal
Government, if applicable, and each State and
local government (and each prison system and
institution in the representative sample) where
the incidence of prison rape exceeds the
national median level by not less than 30 percent; and
(iii) an identification of jail and police
lockup systems in the representative sample
where the incidence of prison rape is
significantly avoidable.
(3) Data adjustments.--In preparing the information
specified in paragraph (2), the Bureau shall, not later than
the second year in which surveys are conducted under this Act,
use established statistical methods to adjust the data as
necessary to account for exogenous factors, outside of the
control of the State, prison system, or prison, which have
demonstrably contributed to the incidence of prison rape. For
each such adjustment made, the Bureau shall identify and
explain such adjustment in the report.
(d) Contracts and Grants.--In carrying out its duties under this
section, the Bureau may--
(1) contract with the National Research Council of the
National Academy of Science;
(2) provide grants for research through the National
Science Foundation or the National Institute of Justice; and
(3) contract with or provide grants to any other entity the
Bureau deems appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each fiscal year to carry out the purposes
of this section, which shall remain available until expended.
(f) Funding Increase.--The proportional share of the total Federal
funds of the grant programs designated under section 11 provided to any
Federal, State, or local government or prison system and institution
that is not identified in a report under clause (ii) or (iii) of
subsection (c)(2)(B) shall be increased by 10 percent in the fiscal
year following the fiscal year in which the report is issued. This
increase shall be in addition to any other increase provided under this
Act.
SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION.
(a) Information and Assistance.--
(1) National clearinghouse.--There is established within
the National Institute of Corrections a national clearinghouse
for the provision of information and assistance to Federal,
State, and local authorities responsible for the prevention,
investigation, and punishment of instances of prison rape.
(2) Training and education.--The National Institute of
Corrections shall conduct periodic training and education
programs for Federal, State, and local authorities responsible
for the prevention, investigation, and punishment of instances
of prison rape.
(b) Reports.--
(1) In general.--Not later than February 15 of each year,
the National Institute of Corrections shall submit a report to
Congress and the Secretary of Health and Human Services. This
report shall be available to the Director of the Bureau of
Justice Statistics.
(2) Contents.--The report required under paragraph (1)
shall summarize the activities of the Department of Justice
regarding prison rape abatement for the preceding calendar
year.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year to carry out the purposes
of this section, which shall remain available until expended.
SEC. 6. PRISON RAPE PREVENTION AND PROSECUTION GRANTS.
(a) Enhanced Response to Prison Rape Grants.--
(1) Grants authorized.--The Attorney General shall make 1-
year grants to States, units of local government, prisons, and
prison systems.
(2) Use of funds.--Grants awarded under paragraph (1) shall
only be used to--
(A) undertake more effective efforts to prevent
prison rape;
(B) investigate such incidents; and
(C) punish the perpetrators.
(3) Matching requirement.--The Federal financial assistance
provided under this subsection may not exceed 50 percent of the
total costs of the program being funded.
(4) Maximum amount.--The Attorney General shall not award a
grant under this subsection in an amount which exceeds
$1,000,000.
(5) Applications.--
(A) In general.--To request a grant under this
subsection, the chief executive of a State or unit of
local government shall submit an application to the
Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General
may require.
(B) Contents.--Each application required by
subparagraph (A) shall--
(i) include the certification of the chief
executive that the State receiving such grant
(or the State encompassing the unit of local
government receiving such grant) has adopted
all national prison rape standards that have
been promulgated under this Act; and
(ii) specify with particularity the
additional preventative, prosecutorial, or
administrative actions to be taken by the State
or unit of local government to prevent prison
rape and to respond to incidents of prison rape
that occur.
(6) Report by grantee.--
(A) In general.--The Attorney General shall require
each grantee to submit, not later than December 31 of
the year following the receipt of a grant under this
section--
(i) a report on the activities carried out
with grant amounts during the preceding Federal
fiscal year; and
(ii) an evaluation of the impact of such
activities on the incidence of prison rape and
the grantee's response to such incidents.
(B) Dissemination.--The Attorney General shall
provide a copy of each report submitted under
subparagraph (A) to the National Prison Rape Reduction
Commission until such Commission is terminated.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $40,000,000 for each fiscal year to fund the grants
authorized under subsection (a), which shall remain available until
expended.
SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Prison Rape Reduction Commission (in this section
referred to as the ``Commission'').
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives, unless the Speaker is of the
same party as the President, in which case 1 shall be
appointed by the Speaker of the House of
Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same
party as the President, in which case 1 shall be
appointed by the majority leader of the Senate and 1
shall be appointed by the minority leader of the
Senate; and
(E) 1 member appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) Persons eligible.--Each member of the Commission shall
be an individual who has knowledge or expertise in matters to
be studied by the Commission.
(3) Consultation required.--The President, the Speaker and
minority leader of the House of Representatives, and the
majority leader and minority leader of the Senate shall consult
with one another prior to the appointment of the members of the
Commission to achieve, to the maximum extent possible, fair and
equitable representation of various points of view with respect
to the matters to be studied by the Commission.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members shall be completed not later than 60 days after the
date of enactment of this Act.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, and
shall be completed not later than 60 days after the date on
which the vacancy occurred.
(c) Operation.--
(1) Chairperson.--
(A) Appointment.--Not later than 15 days after the
initial appointment of the members is completed, the
President, the Speaker of the House of Representatives,
and the majority leader of the Senate shall jointly
appoint a chairperson for the Commission from among the
members of the Commission.
(B) Majority vote.--If the designation of a
chairperson does not occur by the date specified in
subparagraph (A), the chairperson shall be appointed by
the majority vote of the President, the Speaker and
minority leader of the House of Representatives, and
the majority leader and minority leader of the Senate.
(2) Meetings.--The Commission shall meet at the call of the
chairperson. The initial meeting of the Commission shall take
place not later than 30 days after the initial appointment of
the members is completed.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) Rules.--Each member of the Commission shall have 1
vote. The Commission may establish by majority vote any other
rules for the conduct of Commission business, if such rules are
not inconsistent with this Act or other applicable law.
(d) Comprehensive Study of the Impacts of Prison Rape.--
(1) In general.--The Commission shall carry out a
comprehensive legal and factual study of the penalogical,
physical, mental, medical, social, and economic impacts of
prison rape in the United States on--
(A) Federal, State, and local governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within
such communities and social institutions.
(2) Matters included.--The study under paragraph (1) shall
include--
(A) a review of existing Federal, State, and local
government policies and practices with respect to the
prevention, detection, and punishment of prison rape;
(B) an assessment of the relationship between
prison rape and prison conditions, and of existing
monitoring, regulatory, and enforcement practices that
are intended to address any such relationship;
(C) an assessment of pathological or social causes
of prison rape;
(D) an assessment of the extent to which the
incidence of prison rape contributes to the spread of
sexually transmitted diseases and to the transmission
of HIV;
(E) an assessment of the characteristics of inmates
most likely to commit prison rape and the effectiveness
of various types of treatment or programs to reduce
such likelihood;
(F) an assessment of the characteristics of inmates
most likely to be victims of prison rape and the
effectiveness of various types of treatment or programs
to reduce such likelihood;
(G) an assessment of the impacts of prison rape on
individuals, families, social institutions and the
economy generally, including an assessment of the
extent to which the incidence of prison rape
contributes to recidivism and to increased incidence of
sexual assault;
(H) an examination of the feasibility and cost of
conducting surveillance, undercover activities, or
both, to reduce the incidence of prison rape;
(I) an assessment of the safety and security of
prison facilities and the relationship of prison
facility construction and design to the incidence of
prison rape;
(J) an assessment of the feasibility and cost of
any particular proposals for prison reform;
(K) an identification of the need for additional
scientific and social science research on the
prevalence of prison rape in Federal, State, and local
prisons;
(L) an assessment of the general relationship
between prison rape and prison violence;
(M) an assessment of the relationship between
prison rape and levels of training, supervision, and
discipline of prison staff; and
(N) an assessment of existing Federal and State
systems for reporting incidences of prison rape,
including an assessment of whether existing systems
provide an adequate assurance of confidentiality,
impartiality and the absence of reprisal.
(3) Report.--
(A) Distribution.--Not later than 24 months after
the date of the initial meeting of the Commission, the
Commission shall submit a report on the study carried
out under this subsection to--
(i) the President;
(ii) the Committees on the Judiciary of the
Senate and the House of Representatives;
(iii) the Attorney General;
(iv) the Secretary of Health and Human
Services;
(v) the Director of the Federal Bureau of
Prisons;
(vi) the chief executive of each State; and
(vii) the head of the department of
corrections of each State.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) the findings and conclusions of the
Commission;
(ii) recommended national standards for
reducing prison rape;
(iii) recommended protocols for preserving
evidence and treating victims of prison rape;
and
(iv) a summary of the materials relied on
by the Commission in the preparation of the
report.
(e) Recommendations.--
(1) In general.--In conjunction with the report submitted
under subsection (d)(3), the Commission shall provide the
Attorney General and the Secretary of Health and Human Services
with recommended national standards for enhancing the
detection, prevention, reduction, and punishment of prison
rape.
(2) Matters included.--The information provided under
paragraph (1) shall include recommended national standards
relating to--
(A) the classification and assignment of prisoners,
using proven standardized instruments and protocols, in
a manner that limits the occurrence of prison rape;
(B) the investigation and resolution of rape
complaints by responsible prison authorities, local and
State police, and Federal and State prosecution
authorities;
(C) the preservation of physical and testimonial
evidence for use in an investigation of the
circumstances relating to the rape;
(D) acute-term trauma care for rape victims,
including standards relating to--
(i) the manner and extent of physical
examination and treatment to be provided to any
rape victim; and
(ii) the manner and extent of any
psychological examination, psychiatric care,
medication, and mental health counseling to be
provided to any rape victim;
(E) referrals for long-term continuity of care for
rape victims;
(F) educational and medical testing measures for
reducing the incidence of HIV transmission due to
prison rape;
(G) post-rape prophylactic medical measures for
reducing the incidence of transmission of sexual
diseases due to prison rape;
(H) the training of correctional staff sufficient
to ensure that they understand and appreciate the
significance of prison rape and the necessity of its
eradication;
(I) the timely and comprehensive investigation of
staff sexual misconduct involving rape or other sexual
assault on inmates;
(J) ensuring the confidentiality of prison rape
complaints and protecting inmates who make complaints
of prison rape;
(K) creating a system for reporting incidences of
prison rape that will ensure the confidentiality of
prison rape complaints, protect inmates who make prison
rape complaints from retaliation, and assure the
impartial resolution of prison rape complaints;
(L) data collection and reporting of--
(i) prison rape;
(ii) prison staff sexual misconduct; and
(iii) the resolution of prison rape
complaints by prison officials and Federal,
State, and local investigation and prosecution
authorities; and
(M) such other matters as may reasonably be related
to the detection, prevention, reduction, and punishment
of prison rape.
(3) Limitation.--The Commission shall not propose a
recommended standard that would impose substantial additional
costs compared to the costs presently expended by Federal,
State, and local prison authorities.
(f) Hearings.--
(1) In general.--The Commission shall hold public hearings.
The Commission may hold such hearings, sit and act at such
times and places, administer such oaths, take such testimony,
and receive such evidence as the Commission considers advisable
to carry out its duties under this section.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United State Code.
The per diem and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
(g) Information From Federal or State Agencies.--The Commission may
secure directly from any Federal department or agency such information
as the Commission considers necessary to carry out its duties under
this section. The Commission may request the head of any State or local
department or agency to furnish such information to the Commission.
(h) Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Commission.
(2) Detail of federal employees.--With the affirmative vote
of \2/3\ of the Commission, any Federal Government employee,
with the approval of the head of the appropriate Federal
agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privileges.
(3) Procurement of temporary and intermittent services.--
Upon the request of the Commission, the Attorney General shall
provide reasonable and appropriate office space, supplies, and
administrative assistance.
(i) Contracts for Research.--
(1) National research council.--With a \2/3\ affirmative
vote, the Commission may select non-governmental researchers
and experts to assist the Commission in carrying out its duties
under this Act. The National Research Council of the National
Academy of Sciences shall contract with the researchers and
experts selected by the Commission to provide funding in
exchange for their services.
(2) Other organizations.--Nothing in this subsection shall
be construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for
research necessary to carry out the duties of the Commission
under this section.
(j) Subpoenas.--
(1) Issuance.--The Commission may issue subpoenas for the
attendance of witnesses and the production of written or other
matter.
(2) Enforcement.--In the case of contumacy or refusal to
obey a subpoena, the Attorney General may in a Federal court of
appropriate jurisdiction obtain an appropriate order to enforce
the subpoena.
(3) Confidentiality of documentary evidence.--Documents
provided to the Commission pursuant to a subpoena issued under
this subsection shall not be released publicly without the
affirmative vote of \2/3\ of the Commission.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the National Academy of Sciences such sums as may be
necessary to carry out the purposes of this section. Any sums
appropriated shall remain available, without fiscal year limitation,
until expended.
(l) Termination.--The Commission shall terminate on the date that
is 60 days after the date on which the Commission submits the reports
required by this section.
(m) Exemption.--The Commission shall be exempt from the Federal
Advisory Committee Act.
SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) Publication of Proposed Standards.--
(1) In general.--Not later than 180 days after receiving
the report required under section 7(d)(3) from the National
Prison Rape Reduction Commission, the Attorney General shall
publish a notice of proposed rulemaking for the adoption of
national standards for the detection, prevention, reduction,
and punishment of prison rape.
(2) Independent judgment.--The standards referred to in
paragraph (1) shall be based upon the independent judgment of
the Attorney General, after giving due consideration to the
recommended national standards provided by the Commission under
section 7(e), and being informed by such data, opinions, and
proposals that the Attorney General determines to be
appropriate to consider.
(3) Limitation.--The Attorney General shall not establish a
national standard under this section that would impose
substantial additional costs compared to the costs presently
expended by Federal, State, and local prison authorities. The
Attorney General may, however, provide a list of improvements
for consideration by correctional facilities.
(4) Final rule.--Not later than 1 year after receiving the
report specified in paragraph (1), the Attorney General shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of prison rape.
(5) Transmission to states.--Upon publishing the final rule
under paragraph (4), the Attorney General shall transmit the
national standards adopted under such paragraph to the chief
executive of each State and the head of the department of
corrections of each State.
(b) Applicability to Federal Bureau of Prisons.--The national
standards referred to in subsection (a) shall apply to the Federal
Bureau of Prisons immediately upon adoption of the final rule under
subsection (a)(4).
(c) Funding Increase.--The proportional share of the total Federal
funds of the grant programs designated under section 11 provided to a
State shall be increased by 10 percent in the 2 fiscal years following
the fiscal year in which the State enacts a statute that expressly
adopts the national standards received by the State under subsection
(a)(5), as applicable to that State. This increase shall be in addition
to any other increase provided under this Act.
(d) Certification.--(1) Each State which adopts the national
standards pursuant to section 8(c)(1) hereof shall, every two years,
obtain, from an accreditation organization that is in compliance with
section 10 of this Act, a certification that the State is in compliance
with the national standards and in particular has adopted a system that
is adequate and effective to ensure compliance with the section
7(e)(2)(K) standards regarding the confidentiality of prison rape
complaints, protection of complainants from retaliation, and impartial
resolution of prison rape complaints.
(2) The proportional share of the total Federal funds of the grant
programs designated under section 11 provided to a State shall be
increased by 10 percent for the 2 fiscal years following the fiscal
year in which the State achieves a certification under paragraph (1).
This increase shall be in addition to any other increase provided under
this Act, except it shall not be provided in addition to any increase
under subsection (c) of this section.
SEC. 9. MODEL STANDARDS FOR ACUTE POST-TRAUMA TREATMENT.
(a) Review of Model Programs and Protocols.--Not later than 1 year
after the date of enactment of this Act, the Secretary of Health and
Human Services, in consultation with the Attorney General, shall
complete a review of model programs and protocols for the response to
and treatment of acute trauma for male and female rape victims within
prisons and jails.
(b) Model Standards.--
(1) In general.--Upon completion of the review required by
subsection (a), the Secretary shall establish model standards
relating to--
(A) the preservation of physical and testimonial
evidence for use in an investigation of the
circumstances relating to the rape;
(B) the manner and extent of physical examination
and treatment to be provided to any rape victim;
(C) the manner and extent of any psychological
examination, psychiatric care (including, if
appropriate, medication), and mental health counseling
to be provided to any rape victim;
(D) the preservation of the confidentiality of
information relating to prison rape victims; and
(E) the production and dissemination within a
prison system of model response protocols and programs
for the treatment of, investigation of, and response to
prison rape.
(2) Limitation.--The Secretary shall not establish a model
standard that would impose substantial additional costs
compared to the costs presently expended by Federal, State, and
local prison authorities.
(c) Summary.--
(1) In general.--Upon completion of the review required by
subsection (a) and the establishment of model standards
required by subsection (b), the Secretary shall submit a
summary of the results of the review and the model standards to
the National Prison Rape Reduction Commission.
(2) Contents.--The summary shall include, for each model
standard, the estimated costs for implementation of such
standard and the basis for such estimates.
SEC. 10. REQUIREMENT THAT ACCREDITATION ORGANIZATIONS ADOPT
ACCREDITATION STANDARDS.
(a) Eligibility for Federal Grants.--Notwithstanding any other
provision of law, an organization responsible for the accreditation of
Federal, State, local, or private prisons, jails, or other penal
facilities may not benefit from any Federal grants during any period in
which such organization fails to meet any of the requirements of
subsection (b).
(b) Requirements.--To be eligible to receive Federal grants, an
accreditation organization referred to in subsection (a) must meet the
following requirements:
(1) At all times after 90 days after the date of enactment
of this Act, the organization shall have in effect, for each
facility that it is responsible for accrediting, accreditation
standards for the detection, prevention, reduction, and
punishment of prison rape.
(2) At all times after 1 year after the date of the
adoption of the final rule under section 8(a)(4), the
organization shall, in addition to any other such standards
that it may promulgate relevant to the detection, prevention,
reduction, and punishment of prison rape, adopt accreditation
standards consistent with the national standards adopted
pursuant to such final rule.
SEC. 11. DESIGNATION OF GRANT PROGRAMS FOR FUNDING INCREASES;
ADJUSTMENTS TO INCREASES.
(a) Designation of Grant Programs.--Not later than 120 days after
the date of enactment of this Act, and on a fixed date each year
thereafter, the Attorney General shall designate and publish a list of
formula grant programs that, in combination, aggregate no less than
$1,000,000,000 and no more than $3,000,000,000 in annual Federal
appropriations, which programs are most related to the failure to abate
prison rape.
(b) Cap on Increases.--For any formula grant program identified
under subsection (a), the total dollar amount of any increase in the
grant provided to any State or other entity under this Act shall not
exceed 10 percent of the total Federal funds available under such grant
program.
(c) Source of Funds for Increases.--For any increased grants
provided under this Act to any entity under any grant program
designated pursuant to subsection (a), the increased grant shall be
provided first by funds redistributed from all grants under the program
to entities that are not entitled to any increases under this Act,
except that no grant shall be reduced by more than 20 percent of the
total grant funds that otherwise would have been awarded, and second by
funds redistributed from all other grants under the program.
(d) Effective Date of Increase.--The programs designated under
subsection (a) shall be subject to increases under this Act in the
first fiscal year that commences after the date the Attorney General
designates such programs.
SEC. 12. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Carnal knowledge.--The term ``carnal knowledge'' means
contact between the penis and the vulva or the penis and the
anus, including penetration of any sort, however slight.
(2) Inmate.--The term ``inmate'' means any person
incarcerated or detained in any facility who is accused of,
convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of
parole, probation, pretrial release, or diversionary program.
(3) Jail.--The term ``jail'' means a confinement facility
of a Federal, State, or local law enforcement agency to hold--
(A) persons pending adjudication of criminal
charges; or
(B) persons committed to confinement after
adjudication of criminal charges for sentences of 1
year or less.
(4) HIV.--The term ``HIV'' means the human immunodeficiency
virus.
(5) Oral sodomy.--The term ``oral sodomy'' means contact
between the mouth and the penis, the mouth and the vulva, or
the mouth and the anus.
(6) Police lockup.--The term ``police lockup'' means a
temporary holding facility of a Federal, State, or local law
enforcement agency to hold--
(A) inmates pending bail or transport to jail;
(B) inebriates until ready for release; or
(C) juveniles pending parental custody or shelter
placement.
(7) Prison.--The term ``prison'' means any confinement
facility of a Federal, State, or local government, whether
administered by such government or by a private organization on
behalf of such government, and includes--
(A) any local jail or police lockup; and
(B) any juvenile facility used for the custody or
care of juvenile inmates.
(8) Prison rape.--The term ``prison rape'' includes the
rape of an inmate in the actual or constructive control of
prison officials.
(9) Rape.--The term ``rape'' means--
(A) the carnal knowledge, oral sodomy, sexual
assault with an object, or sexual fondling of a person,
forcibly or against that person's will;
(B) the carnal knowledge, oral sodomy, sexual
assault with an object, or sexual fondling of a person
not forcibly or against the person's will, where the
victim is incapable of giving consent because of his or
her youth or his or her temporary or permanent mental
or physical incapacity; or
(C) the carnal knowledge, oral sodomy, sexual
assault with an object, or sexual fondling of a person
achieved through the exploitation of the fear or threat
of physical violence or bodily injury.
(10) Sexual assault with an object.--The term ``sexual
assault with an object'' means the use of any hand, finger,
object, or other instrument to penetrate, however slightly, the
genital or anal opening of the body of another person.
(11) Sexual fondling.--The term ``sexual fondling'' means
the touching of the private body parts of another person
(including the genitalia, anus, groin, breast, inner thigh, or
buttocks) for the purpose of sexual gratification.
(12) Exclusions.--The terms and conditions described in
paragraphs (9) and (10) shall not apply to--
(A) custodial or medical personnel gathering
physical evidence, or engaged in other legitimate
medical treatment, in the course of investigating
prison rape;
(B) the use of a health care provider's hands or
fingers or the use of medical devices in the course of
appropriate medical treatment unrelated to prison rape;
or
(C) the use of a health care provider's hands or
fingers and the use of instruments to perform body
cavity searches in order to maintain security and
safety within the prison or detention facility,
provided that the search is conducted in a manner
consistent with constitutional requirements.
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