[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3723

 To provide services to victims of sexual abuse who are incarcerated, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2020

Mr. Schatz (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide services to victims of sexual abuse who are incarcerated, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Abuse Services in Detention 
Act of 2020''.

SEC. 2. ESTABLISHMENT OF NATIONAL HOTLINE FOR SEXUAL ABUSE SERVICES IN 
              DETENTION.

    The Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.) 
is amended by inserting after section 6 the following:

``SEC. 6A. NATIONAL HOTLINE FOR SEXUAL ABUSE SERVICES IN DETENTION.

    ``(a) Definitions.--In this section:
            ``(1) Eligible organization.--The term `eligible 
        organization' means a national nonprofit organization that 
        has--
                    ``(A) special expertise and broad, national-level 
                experience in providing sexual abuse and rape crisis 
                counseling services for survivors and victims of sexual 
                abuse in correctional settings; and
                    ``(B) experience providing technical assistance and 
                training to correctional officers and administrators, 
                including--
                            ``(i) understanding the unique dynamics of 
                        custodial sexual abuse; and
                            ``(ii) understanding correctional practices 
                        and correctional security concerns.
            ``(2) Nonprofit organization.--The term `nonprofit 
        organization' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and that 
        is exempt from taxation under section 501(a) of such Code.
            ``(3) Sexual abuse.--The term `sexual abuse' has the 
        meaning given the term in section 115.6 of title 28, Code of 
        Federal Regulations, or any successor thereto.
            ``(4) Sexual abuse and rape crisis counseling services.--
        The term `sexual abuse and rape crisis counseling services'--
                    ``(A) means emotional support services for 
                individuals who have experienced sexual abuse at any 
                time in their life; and
                    ``(B) includes services such as--
                            ``(i) crisis intervention;
                            ``(ii) education about dynamics of sexual 
                        abuse and sexual harassment;
                            ``(iii) sharing resources;
                            ``(iv) safety planning; and
                            ``(v) assistance processing trauma 
                        reactions and building coping skills.
            ``(5) Sexual abuse and rape crisis counseling service 
        provider.--The term `sexual abuse and rape crisis counseling 
        service provider' means an organization that--
                    ``(A) provides specialized services for survivors 
                of sexual abuse; and
                    ``(B) employees staff members who have--
                            ``(i) training and expertise in trauma and 
                        sexual abuse counseling for survivors of sexual 
                        abuse; and
                            ``(ii) training on avoiding the misuse of 
                        telephone hotline and other counseling 
                        services.
            ``(6) Telephone service provider.--The term `telephone 
        service provider' means an entity that provides a corrections 
        agency or prison with inmate communication services, such as 
        telephone, email, and video visitation.
    ``(b) Establishment of National Hotline for Sexual Abuse Services 
in Detention.--
            ``(1) Authority.--The Attorney General may award grants to 
        eligible organizations to provide for the establishment of a 
        National Hotline for Sexual Abuse Services in Detention.
            ``(2) Use of grant funds.--An organization that receives a 
        grant under this subsection shall use the grant funds to 
        establish and operate a National Hotline for Sexual Abuse 
        Services in Detention to--
                    ``(A) provide sexual abuse and rape crisis 
                counseling services to inmates who have been victims of 
                sexual abuse or sexual harassment during incarceration 
                or prior to incarceration, by--
                            ``(i) in accordance with paragraph (3), 
                        establishing and operating a telephone hotline 
                        for receiving calls from inmates that is free 
                        of charge to both inmates and prisons;
                            ``(ii) receiving and responding to 
                        confidential email correspondence from inmates;
                            ``(iii) receiving and responding to 
                        confidential correspondence received through 
                        the United States Postal Service from inmates; 
                        and
                            ``(iv) facilitating other secure means of 
                        single or group communications between 
                        qualified sexual abuse or rape crisis service 
                        providers and inmates, including holding 
                        support groups using a telephone or other 
                        electronic mechanism, in which a qualified 
                        sexual abuse or rape crisis service provider is 
                        directly involved in all communications;
                    ``(B) provide education, training, and technical 
                assistance to any corrections agency or prison seeking 
                to provide sexual abuse services at the institution; 
                and
                    ``(C) on a biannual basis, collect and maintain 
                data on the usage volume for each component of the 
                education, training, and technical assistance described 
                in subparagraph (B).
            ``(3) Telephone hotline.--
                    ``(A) In general.--Any telephone hotline 
                established under paragraph (2)(A)(i) shall be 
                confidential, unrecorded, unmonitored by any prison or 
                any agent of a prison or by any telephone service 
                provider or agent of any telephone service provider.
                    ``(B) Supervision.--A sexual abuse and rape crisis 
                counseling service provider may engage in live 
                supervision of calls made to the telephone hotline 
                established under paragraph (2)(A)(i), as needed, for 
                quality control of services provided.
                    ``(C) Requirement.--Any telephone hotline 
                established under paragraph (2)(A)(i) shall be--
                            ``(i) available to receive calls not less 
                        than 16 hours per day, every day of the year; 
                        and
                            ``(ii) staffed by sexual abuse and rape 
                        crisis counselors employed by a sexual abuse 
                        and rape crisis counseling service provider, 
                        including counselors who are--
                                    ``(I) employed by a sexual abuse 
                                and rape crisis counseling service 
                                provider; and
                                    ``(II) trained to provide sexual 
                                abuse and rape crisis counseling 
                                services to juveniles.
            ``(4) Funding.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Attorney General shall carry out 
                this section using amounts otherwise made available to 
                the Attorney General.
                    ``(B) Limitation on use of funds.--The Attorney 
                General may not carry out this section using funds 
                appropriated to carry out section 6.
    ``(c) Accountability Requirements.--For fiscal year 2021, and each 
fiscal year thereafter, all grants awarded by the Attorney General 
under this section shall be subject to the following accountability 
provisions:
            ``(1) Audit requirement.--
                    ``(A) Definition.--In this paragraph, the term 
                `unresolved audit finding' means an audit report 
                finding in the final audit report of the Inspector 
                General of the Department of Justice that a grantee has 
                used grant funds for an unauthorized expenditure or 
                otherwise unallowable cost that is not closed or 
                resolved during the 12-month period beginning on the 
                date on which the final audit report is issued.
                    ``(B) Requirement.--Beginning in fiscal year 2020, 
                and in each fiscal year thereafter, the Inspector 
                General of the Department of Justice shall conduct 
                audits of recipients of grants under this section to 
                prevent waste, fraud, and abuse of funds by grantees. 
                The Inspector General shall determine the appropriate 
                number of grantees to be audited each year.
                    ``(C) Mandatory exclusion.--A recipient of grant 
                funds under this section that is found to have an 
                unresolved audit finding shall not be eligible to 
                receive grant funds under this section during the first 
                2 fiscal years beginning after the end of the 12-month 
                period described in subparagraph (A).
                    ``(D) Priority.--In awarding grants under this 
                section, the Attorney General shall give priority to 
                eligible applicants that did not have an unresolved 
                audit finding during the 3 fiscal years before 
                submitting an application for a grant under this 
                section.
                    ``(E) Reimbursement.--If an entity is awarded grant 
                funds under this section during the 2-fiscal-year 
                period during which the entity is barred from receiving 
                grants under subparagraph (C), the Attorney General 
                shall--
                            ``(i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            ``(ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
            ``(2) Nonprofit organization requirements.--
                    ``(A) Prohibition.--The Attorney General may not 
                award a grant under this section to a nonprofit 
                organization that holds money in offshore accounts for 
                the purpose of avoiding paying the tax described in 
                section 511(a) of the Internal Revenue Code of 1986.
                    ``(B) Disclosure.--Each nonprofit organization that 
                is awarded a grant under this section and uses the 
                procedures prescribed in regulations to create a 
                rebuttable presumption of reasonableness for the 
                compensation of its officers, directors, trustees and 
                key employees, shall disclose to the Attorney General, 
                in the application for the grant, the process for 
                determining such compensation, including the 
                independent persons involved in reviewing and approving 
                such compensation, the comparability data used, and 
                contemporaneous substantiation of the deliberation and 
                decision. Upon request, the Attorney General shall make 
                the information disclosed under this subparagraph 
                available for public inspection.
            ``(3) Conference expenditures.--
                    ``(A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Justice under this 
                section may be used by the Attorney General, or by any 
                individual or entity awarded discretionary funds 
                through a cooperative agreement under this section, to 
                host or support any expenditure for conferences that 
                uses more than $20,000 in funds made available to the 
                Department of Justice, unless the Deputy Attorney 
                General or the appropriate Assistant Attorney General, 
                Director, or principal deputy (as designated by the 
                Deputy Attorney General) provides prior written 
                authorization that the funds may be expended to host 
                the conference.
                    ``(B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food, beverages, audio-visual equipment, 
                honoraria for speakers, and entertainment.
                    ``(C) Report.--The Deputy Attorney General shall 
                submit an annual report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on all 
                conference expenditures approved under this paragraph.
            ``(4) Annual certification.--Beginning in fiscal year 2021, 
        the Attorney General shall submit, to the Committee on the 
        Judiciary and the Committee on Appropriations of the Senate and 
        the Committee on the Judiciary and the Committee on 
        Appropriations of the House of Representatives, an annual 
        certification indicating whether--
                    ``(A) all audits issued by the Office of the 
                Inspector General under paragraph (1) have been 
                completed and reviewed by the appropriate Assistant 
                Attorney General or Director;
                    ``(B) all mandatory exclusions required under 
                paragraph (1)(C) have been issued;
                    ``(C) all reimbursements required under paragraph 
                (1)(E) have been made; and
                    ``(D) includes a list of any grant recipients 
                excluded under paragraph (1) from the previous year.''.
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