[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8096 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8096

To create a civil action to enforce the standards promulgated under the 
      Prison Rape Elimination Act of 2003, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2022

 Ms. Bass (for herself, Ms. Speier, Mr. Swalwell, Ms. Jackson Lee, Mr. 
Johnson of Georgia, Ms. Pressley, Mr. Cleaver, Mr. Carson, Ms. Norton, 
Mr. Danny K. Davis of Illinois, Mr. Payne, Ms. Moore of Wisconsin, and 
  Mrs. Carolyn B. Maloney of New York) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To create a civil action to enforce the standards promulgated under the 
      Prison Rape Elimination Act of 2003, 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 ``PREA Rights Enforcement Act of 
2022''.

SEC. 2. PRISON RAPE ELIMINATION ACT CAUSE OF ACTION.

    (a) In General.--Section 8 of the Prison Rape Elimination Act of 
2003 (34 U.S.C. 30307) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Applicability to Federal Bureau of Prisons.--The standards 
adopted under subsection (a) shall apply to facilities operated by the 
Federal Bureau of Prisons and to facilities operated under contract 
with the Federal Bureau of Prisons.'';
            (2) in subsection (e)(2)(A)(i), by inserting ``and has in 
        effect a law that authorizes a cause of action for violation of 
        such standards, which is substantially similar to the cause of 
        action under subsection (f)'' before the semicolon; and
            (3) by adding at the end the following:
    ``(f) Violations.--
            ``(1) Cause of action.--
                    ``(A) In general.--In any case of an alleged 
                violation of the national standards in effect for the 
                Bureau of Prisons, the Department of Health and Human 
                Services, or the Department of Homeland Security, with 
                respect to facilities operated by, or operated under 
                contract with, any such agency, a person aggrieved by 
                such a violation may bring a civil action against the 
                United States in an appropriate district court for 
                declaratory or injunctive relief, after exhausting the 
                procedures under paragraph (2), as applicable.
                    ``(B) Attorney's fees.--In a civil action under 
                this subsection, the court may allow the prevailing 
                party (other than the United States) reasonable 
                attorney's fees, including litigation expenses and 
                costs.
            ``(2) Notice.--
                    ``(A) In general.--A person aggrieved by an alleged 
                violation of the national standards in effect for the 
                Bureau of Prisons, the Department of Health and Human 
                Services, and the Department of Homeland Security, may 
                provide written notice of each such alleged violation 
                to a PREA Compliance Manager or PREA Coordinator.
                    ``(B) Opportunity to correct.--Not later than 10 
                days after a notice is submitted to a PREA Compliance 
                Manager or PREA Coordinator pursuant to subparagraph 
                (A), such manager or coordinator shall--
                            ``(i) determine whether a violation has 
                        occurred; and
                            ``(ii) correct any violation determined to 
                        have occurred.
                    ``(C) Special circumstances.--Notwithstanding 
                paragraph (1)(A), exhaustion of the procedures under 
                this paragraph shall not be required with respect to 
                any allegation of a violation for which the aggrieved 
                person shows the existence of special circumstances 
                making written notice to the PREA Compliance Manager or 
                PREA Coordinator impracticable or likely to be harmful, 
                including due to--
                            ``(i) illiteracy;
                            ``(ii) intellectual disability;
                            ``(iii) developmental age, in the case of 
                        individuals who were under 18 years of age at 
                        the time of the offense;
                            ``(iv) lack of access to writing implements 
                        due to restrictive housing;
                            ``(v) imminent risk of serious bodily harm 
                        or death of the aggrieved person; or
                            ``(vi) allegations of personal misconduct 
                        by the PREA Compliance Manager or PREA 
                        Coordinator.
            ``(3) Removing certain requirements of suits by 
        prisoners.--Any action brought under this subsection is not 
        subject to section 7 of the Civil Rights of Institutionalized 
        Persons Act.
            ``(4) Definitions.--In this subsection:
                    ``(A) PREA compliance manager.--The term `PREA 
                Compliance Manager' means an individual who works 
                collaboratively with the PREA Coordinator to oversee 
                and sustain an agency's compliance with the Prison Rape 
                Elimination Act program in a specific facility.
                    ``(B) PREA coordinator.--The term `PREA 
                Coordinator' means an individual who has the authority 
                to oversee the design and implementation of the Prison 
                Rape Elimination Act program for each facility in an 
                agency's jurisdiction.''.
    (b) Effective Date.--This Act and the amendments made by this Act 
shall take effect 90 days after the date of enactment of this Act, and 
shall apply with respect to violations occurring in fiscal year 2024 
and every fiscal year thereafter.
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