[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1435 Enrolled Bill (ENR)]

        S.1435

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
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 
Elimination 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. Grants to protect inmates and safeguard communities.
Sec. 7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Requirement that accreditation organizations adopt accreditation 
          standards.
Sec. 10. 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 the 
    power of Congress under Section Five of the Fourteenth Amendment, 
    Congress may take action to enforce those rights in States where 
    officials have demonstrated such indifference. States that do not 
    take basic steps to abate prison rape by adopting 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 the failure of 
    State officials to adopt policies and procedures 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) Considerations.--In carrying out paragraph (1), the Bureau 
    shall consider--
            (A) how rape should be defined for the purposes of the 
        statistical review and analysis;
            (B) how the Bureau should collect information about staff-
        on-inmate sexual assault;
            (C) how the Bureau should collect information beyond inmate 
        self-reports of prison rape;
            (D) how the Bureau should adjust the data in order to 
        account for differences among prisons as required by subsection 
        (c)(3);
            (E) the categorization of prisons as required by subsection 
        (c)(4); and
            (F) whether a preliminary study of prison rape should be 
        conducted to inform the methodology of the comprehensive 
        statistical review.
        (3) Solicitation of views.--The Bureau of Justice Statistics 
    shall solicit views from representatives of the following: State 
    departments of correction; county and municipal jails; juvenile 
    correctional facilities; former inmates; victim advocates; 
    researchers; and other experts in the area of sexual assault.
        (4) Sampling techniques.--The review and 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.
        (5) Surveys.--In carrying out the review and analysis under 
    paragraph (1), 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.
        (6) Participation in survey.--Federal, State, or local 
    officials or facility administrators that receive a request from 
    the Bureau under subsection (a)(4) or (5) will be required to 
    participate in the national survey and provide access to any 
    inmates under their legal custody.
    (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 Department of Justice, 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 the three prisons with the highest incidence of 
        prison rape and the two prisons with the lowest incidence of 
        prison rape in each category of facilities identified under 
        subsection (c)(4). The Panel shall hold a separate hearing 
        regarding the three Federal or State prisons with the highest 
        incidence of prison rape. 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, and the identification of common characteristics of 
        prisons and prison systems that appear to have been successful 
        in deterring 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, who bears 
            responsibility for the prevention, detection, and 
            punishment of prison rape at each entity, and the head of 
            the prison system encompassing such prison.
                (ii) Victims.--The Panel may request the testimony of 
            prison rape victims, organizations representing such 
            victims, and other appropriate individuals and 
            organizations.
            (C) Subpoenas.--
                (i) Issuance.--The Panel may issue subpoenas for the 
            attendance of witnesses and the production of written or 
            other matter.
                (ii) 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.
    (c) Reports.--
        (1) In general.--Not later than June 30 of each year, the 
    Attorney General shall submit a report on the activities of the 
    Bureau and the Review Panel, with respect to prison rape, for the 
    preceding calendar year to--
            (A) Congress; and
            (B) 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;
            (B) with respect to the incidence of prison rape--
                (i) statistical data aggregated at the Federal, State, 
            prison system, and prison levels;
                (ii) a listing of those institutions in the 
            representative sample, separated into each category 
            identified under subsection (c)(4) and ranked according to 
            the incidence of prison rape in each institution; and
                (iii) an identification of those institutions in the 
            representative sample that appear to have been successful 
            in deterring prison rape; and
            (C) a listing of any prisons in the representative sample 
        that did not cooperate with the survey conducted pursuant to 
        section 4.
        (3) Data adjustments.--In preparing the information specified 
    in paragraph (2), the Attorney General shall use established 
    statistical methods to adjust the data as necessary to account for 
    differences among institutions in the representative sample, which 
    are not related to the detection, prevention, reduction and 
    punishment of prison rape, or which are outside the control of the 
    State, prison, or prison system, in order to provide an accurate 
    comparison among prisons. Such differences may include the mission, 
    security level, size, and jurisdiction under which the prison 
    operates. For each such adjustment made, the Attorney General shall 
    identify and explain such adjustment in the report.
        (4) Categorization of prisons.--The report shall divide the 
    prisons surveyed into three categories. One category shall be 
    composed of all Federal and State prisons. The other two categories 
    shall be defined by the Attorney General in order to compare 
    similar institutions.
    (d) Contracts and Grants.--In carrying out its duties under this 
section, the Attorney General may--
        (1) provide grants for research through the National Institute 
    of Justice; and
        (2) contract with or provide grants to any other entity the 
    Attorney General deems appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each of fiscal years 2004 through 2010 to 
carry out this section.

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 September 30 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 of fiscal years 2004 through 2010 to 
carry out this section.
SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD COMMUNITIES.
    (a) Grants Authorized.--From amounts made available for grants 
under this section, the Attorney General shall make grants to States to 
assist those States in ensuring that budgetary circumstances (such as 
reduced State and local spending on prisons) do not compromise efforts 
to protect inmates (particularly from prison rape) and to safeguard the 
communities to which inmates return. The purpose of grants under this 
section shall be to provide funds for personnel, training, technical 
assistance, data collection, and equipment to prevent and prosecute 
prisoner rape.
    (b) Use of Grant Amounts.--Amounts received by a grantee under this 
section may be used by the grantee, directly or through subgrants, only 
for one or more of the following activities:
        (1) Protecting inmates.--Protecting inmates by--
            (A) undertaking efforts to more effectively prevent prison 
        rape;
            (B) investigating incidents of prison rape; or
            (C) prosecuting incidents of prison rape.
        (2) Safeguarding communities.--Safeguarding communities by--
            (A) making available, to officials of State and local 
        governments who are considering reductions to prison budgets, 
        training and technical assistance in successful methods for 
        moderating the growth of prison populations without 
        compromising public safety, including successful methods used 
        by other jurisdictions;
            (B) developing and utilizing analyses of prison populations 
        and risk assessment instruments that will improve State and 
        local governments' understanding of risks to the community 
        regarding release of inmates in the prison population;
            (C) preparing maps demonstrating the concentration, on a 
        community-by-community basis, of inmates who have been 
        released, to facilitate the efficient and effective--
                (i) deployment of law enforcement resources (including 
            probation and parole resources); and
                (ii) delivery of services (such as job training and 
            substance abuse treatment) to those released inmates;
            (D) promoting collaborative efforts, among officials of 
        State and local governments and leaders of appropriate 
        communities, to understand and address the effects on a 
        community of the presence of a disproportionate number of 
        released inmates in that community; or
            (E) developing policies and programs that reduce spending 
        on prisons by effectively reducing rates of parole and 
        probation revocation without compromising public safety.
    (c) Grant Requirements.--
        (1) Period.--A grant under this section shall be made for a 
    period of not more than 2 years.
        (2) Maximum.--The amount of a grant under this section may not 
    exceed $1,000,000.
        (3) Matching.--The Federal share of a grant under this section 
    may not exceed 50 percent of the total costs of the project 
    described in the application submitted under subsection (d) for the 
    fiscal year for which the grant was made under this section.
    (d) Applications.--
        (1) In general.--To request a grant under this section, the 
    chief executive of a State 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.
        (2) Contents.--Each application required by paragraph (1) 
    shall--
            (A) include the certification of the chief executive that 
        the State receiving such grant--
                (i) has adopted all national prison rape standards 
            that, as of the date on which the application was 
            submitted, have been promulgated under this Act; and
                (ii) will consider adopting all national prison rape 
            standards that are promulgated under this Act after such 
            date;
            (B) specify with particularity the preventative, 
        prosecutorial, or administrative activities to be undertaken by 
        the State with the amounts received under the grant; and
            (C) in the case of an application for a grant for one or 
        more activities specified in paragraph (2) of subsection (b)--
                (i) review the extent of the budgetary circumstances 
            affecting the State generally and describe how those 
            circumstances relate to the State's prisons;
                (ii) describe the rate of growth of the State's prison 
            population over the preceding 10 years and explain why the 
            State may have difficulty sustaining that rate of growth; 
            and
                (iii) explain the extent to which officials (including 
            law enforcement officials) of State and local governments 
            and victims of crime will be consulted regarding decisions 
            whether, or how, to moderate the growth of the State's 
            prison population.
    (e) Reports by Grantee.--
        (1) In general.--The Attorney General shall require each 
    grantee to submit, not later than 90 days after the end of the 
    period for which the grant was made under this section, a report on 
    the activities carried out under the grant. The report shall 
    identify and describe those activities and shall contain an 
    evaluation of the effect of those activities on--
            (A) the number of incidents of prison rape, and the 
        grantee's response to such incidents; and
            (B) the safety of the prisons, and the safety of the 
        communities in which released inmates are present.
        (2) Dissemination.--The Attorney General shall ensure that each 
    report submitted under paragraph (1) is made available under the 
    national clearinghouse established under section 5.
    (f) State Defined.--In this section, the term ``State'' includes 
the District of Columbia, the Commonwealth of Puerto Rico, and any 
other territory or possession of the United States.
    (g) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated for 
    grants under this section $40,000,000 for each of fiscal years 2004 
    through 2010.
        (2) Limitation.--Of amounts made available for grants under 
    this section, not less than 50 percent shall be available only for 
    activities specified in paragraph (1) of subsection (b).

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 made 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 
    made not later than 60 days after the date on which the vacancy 
    occurred.
    (c) Operation.--
        (1) Chairperson.--Not later than 15 days after appointments of 
    all the members are made, the President shall appoint a chairperson 
    for the Commission from among its members.
        (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.--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 incidents 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 2 years 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 Congress;
                (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;
            (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 incidents 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) Consultation With Accreditation Organizations.--In developing 
recommended national standards for enhancing the detection, prevention, 
reduction, and punishment of prison rape, the Commission shall consider 
any standards that have already been developed, or are being developed 
simultaneously to the deliberations of the Commission. The Commission 
shall consult with accreditation organizations responsible for the 
accreditation of Federal, State, local or private prisons, that have 
developed or are currently developing standards related to prison rape. 
The Commission will also consult with national associations 
representing the corrections profession that have developed or are 
currently developing standards related to prison rape.
    (g) Hearings.--
        (1) In general.--The Commission shall hold public hearings. The 
    Commission may hold such hearings, sit and act at such times and 
    places, 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 States Code. The per diem 
    and mileage allowances for witnesses shall be paid from funds 
    appropriated to the Commission.
    (h) 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.
    (i) 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.
    (j) Contracts for Research.--
        (1) National institute of justice.--With a \2/3\ affirmative 
    vote, the Commission may select nongovernmental researchers and 
    experts to assist the Commission in carrying out its duties under 
    this Act. The National Institute of Justice 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.
    (k) 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.
    (l) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
    (m) 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.
    (n) 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) Final rule.--Not later than 1 year after receiving the 
    report specified in section 7(d)(3), the Attorney General shall 
    publish a final rule adopting 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) Transmission to states.--Within 90 days of publishing the 
    final rule under paragraph (1), the Attorney General shall transmit 
    the national standards adopted under such paragraph to the chief 
    executive of each State, the head of the department of corrections 
    of each State, and to the appropriate authorities in those units of 
    local government who oversee operations in one or more prisons.
    (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) Eligibility for Federal Funds.--
        (1) Covered programs.--
            (A) In general.--For purposes of this subsection, a grant 
        program is covered by this subsection if, and only if--
                (i) the program is carried out by or under the 
            authority of the Attorney General; and
                (ii) the program may provide amounts to States for 
            prison purposes.
            (B) List.--For each fiscal year, the Attorney General shall 
        prepare a list identifying each program that meets the criteria 
        of subparagraph (A) and provide that list to each State.
        (2) Adoption of national standards.--For each fiscal year, any 
    amount that a State would otherwise receive for prison purposes for 
    that fiscal year under a grant program covered by this subsection 
    shall be reduced by 5 percent, unless the chief executive of the 
    State submits to the Attorney General--
            (A) a certification that the State has adopted, and is in 
        full compliance with, the national standards described in 
        section 8(a); or
            (B) an assurance that not less than 5 percent of such 
        amount shall be used only for the purpose of enabling the State 
        to adopt, and achieve full compliance with, those national 
        standards, so as to ensure that a certification under 
        subparagraph (A) may be submitted in future years.
        (3) Report on noncompliance.--Not later than September 30 of 
    each year, the Attorney General shall publish a report listing each 
    grantee that is not in compliance with the national standards 
    adopted pursuant to section 8(a).
        (4) Cooperation with survey.--For each fiscal year, any amount 
    that a State receives for that fiscal year under a grant program 
    covered by this subsection shall not be used for prison purposes 
    (and shall be returned to the grant program if no other authorized 
    use is available), unless the chief executive of the State submits 
    to the Attorney General a certification that neither the State, nor 
    any political subdivision or unit of local government within the 
    State, is listed in a report issued by the Attorney General 
    pursuant to section 4(c)(2)(C).
        (5) Redistribution of amounts.--Amounts under a grant program 
    not granted by reason of a reduction under paragraph (2), or 
    returned by reason of the prohibition in paragraph (4), shall be 
    granted to one or more entities not subject to such reduction or 
    such prohibition, subject to the other laws governing that program.
        (6) Implementation.--The Attorney General shall establish 
    procedures to implement this subsection, including procedures for 
    effectively applying this subsection to discretionary grant 
    programs.
        (7) Effective date.--
            (A) Requirement of adoption of standards.--The first grants 
        to which paragraph (2) applies are grants for the second fiscal 
        year beginning after the date on which the national standards 
        under section 8(a) are finalized.
            (B) Requirement for cooperation.--The first grants to which 
        paragraph (4) applies are grants for the fiscal year beginning 
        after the date of the enactment of this Act.
SEC. 9. 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 receive any new 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. 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.
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.