[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2619 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2619

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 SENATE OF THE UNITED STATES

                             June 13, 2002

  Mr. Kennedy (for himself and Mr. Sessions) introduced the following 
    bill; which was read twice and 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 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. National prison rape statistics, data, and research.
Sec. 3. Prison rape prevention and prosecution.
Sec. 4. Prison rape prevention and prosecution grants.
Sec. 5. National Prison Rape Reduction Commission.
Sec. 6. Adoption and effect of national standards.
Sec. 7. Model standards for acute post-trauma treatment.
Sec. 8. Requirement that accreditation organizations adopt 
                            accreditation standards.
Sec. 9. Attorney General designation of grant programs for funding 
                            reduction.
Sec. 10. Definitions.

SEC. 2. 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) inmates who have been involved with prison 
                rape, both victims and perpetrators; 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 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.
    (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 inmates who have been involved in 
                prison rape, both victims and perpetrators, 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) Failure to testify.--If, after receiving a 
                request by the Panel under subparagraph (B)(i), a State 
                or local official declines to testify at a reasonably 
                designated time, the Federal funds provided to the 
                entity represented by that official pursuant to the 
                grant programs designated by the Attorney General under 
                section 9 shall be reduced by 20 percent and 
                reallocated to other entities. This reduction shall be 
                in addition to any other reduction 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 Sciences; and
            (2) provide grants for research through the National 
        Science Foundation or the National Institute of Justice.
    (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.

SEC. 3. PRISON RAPE PREVENTION AND PROSECUTION.

    (a) Complaint Collection and Review.--
            (1) In general.--The Attorney General shall carry out a 
        program to--
                    (A) collect complaints of prison rape from inmates;
                    (B) transmit those complaints to the appropriate 
                Federal, State, or local authorities; and
                    (C) provide for periodic reviews of the response of 
                Federal, State, and local authorities to such 
                complaints.
            (2) Confidentiality.--The Attorney General shall ensure the 
        confidentiality of each complainant.
    (b) Information and Assistance.--
            (1) National clearinghouse.--The Attorney General shall 
        establish 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 Attorney General 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.
    (c) Reports.--
            (1) In general.--Not later than February 15 of each year, 
        the Attorney General 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--
                    (A) the activities of the Department of Justice 
                regarding prison rape abatement and prosecution for the 
                preceding calendar year;
                    (B) the complaints collected by the Department of 
                Justice; and
                    (C) the actions taken by the Department of Justice 
                with respect to the complaints summarized under 
                subparagraph (B).
    (d) 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. 4. 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. 5. 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; and
                    (M) an assessment of the relationship between 
                prison rape and levels of training, supervision, and 
                discipline of prison staff.
            (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; and
                            (vi) the chief executive 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) 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
                    (L) 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. 6. 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 5(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 5(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.
            (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.
    (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)(2).
    (c) Funding Reduction.--
            (1) State adoption of national standards.--The Attorney 
        General shall reduce by 20 percent a State's allocation of the 
        Federal grant funding designated under section 9 (and 
        reallocate such funding to other States) unless the State 
        enacts a statute that expressly--
                    (A) adopts the national standards received by the 
                State under subsection (a)(5), as applicable to that 
                State; or
                    (B) declines to adopt such national standards, as 
                applicable to that State.
            (2) Effective date.--The funding reduction under paragraph 
        (1) shall not occur until 1 year after the transmission of the 
        national standards under subsection (a)(5), or the date of the 
        expiration of the first regular legislative session of the 
        State beginning after the date of such transmission, whichever 
        occurs later.

SEC. 7. 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. 8. 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 6(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. 9. ATTORNEY GENERAL DESIGNATION OF GRANT PROGRAMS FOR FUNDING 
              REDUCTION.

    (a) In General.--Not later than 120 days after the date of 
enactment of this Act, and each year thereafter, the Attorney General 
shall designate an existing grant program or programs to which the 
funding reductions specified in this Act shall apply.
    (b) Criteria.--The grant program or programs designated under 
subsection (a) shall be the existing grant programs--
            (1) that, in the judgment of the Attorney General, are most 
        compromised by failure to adopt policies that reduce the 
        incidence of prison rape; and
            (2) for which aggregate annual Federal appropriations 
        exceed $1,000,000,000.

SEC. 10. 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.
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