[Congressional Record Volume 149, Number 108 (Monday, July 21, 2003)]
[Senate]
[Pages S9659-S9664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PRISON RAPE ELIMINATION ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 1435.
   The PRESIDING OFFICER. The clerk will report.
   The assistant legislative clerk read as follows:

        A bill (S. 1435) 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.

   There being no objection, the Senate proceeded to consider the bill.
   Mr. FRIST. Mr. President, I ask unanimous consent that the bill be 
read a third time and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to this matter be printed in 
the Record.
   The PRESIDING OFFICER. Without objection, it is so ordered.
   The bill (S. 1435) was read the third time and passed, as follows:

                                S. 1435

       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

[[Page S9660]]

     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 procedure that reduce the incidence of prison 
     rape in that the high incidence of prison rape--
       (A) increases the costs incurred by Federal, State, and 
     local jurisdictions to administer their prison systems;
       (B) increases the levels of violence, directed at inmates 
     and at staff, within prisons;
       (C) increases health care expenditures, both inside and 
     outside of prison systems, and reduces the effectiveness of 
     disease prevention programs by substantially increasing the 
     incidence and spread of HIV, AIDS, tuberculosis, hepatitis B 
     and C, and other diseases;
       (D) increases mental health care expenditures, both inside 
     and outside of prison systems, by substantially increasing 
     the rate of post-traumatic stress disorder, depression, 
     suicide, and the exacerbation of existing mental illnesses 
     among current and former inmates;
       (E) increases the risks of recidivism, civil strife, and 
     violent crime by individuals who have been brutalized by 
     prison rape; and
       (F) increases the level of interracial tensions and strife 
     within prisons and, upon release of perpetrators and victims, 
     in the community at large.
       (15) The high incidence of prison rape has a significant 
     effect on interstate commerce because it increases 
     substantially--
       (A) the costs incurred by Federal, State, and local 
     jurisdictions to administer their prison systems;
       (B) the incidence and spread of HIV, AIDS, tuberculosis, 
     hepatitis B and C, and other diseases, contributing to 
     increased health and medical expenditures throughout the 
     Nation;
       (C) the rate of post-traumatic stress disorder, depression, 
     suicide, and the exacerbation of existing mental illnesses 
     among current and former inmates, contributing to increased 
     health and medical expenditures throughout the Nation; and
       (D) the risk of recidivism, civil strife, and violent crime 
     by individuals who have been brutalized by prison rape.

     SEC. 3. PURPOSES.

       The purposes of this Act are to--
       (1) establish a zero-tolerance standard for the incidence 
     of prison rape in prisons in the United States;
       (2) make the prevention of prison rape a top priority in 
     each prison system;
       (3) develop and implement national standards for the 
     detection, prevention, reduction, and punishment of prison 
     rape;
       (4) increase the available data and information on the 
     incidence of prison rape, consequently improving the 
     management and administration of correctional facilities;
       (5) standardize the definitions used for collecting data on 
     the incidence of prison rape;
       (6) increase the accountability of prison officials who 
     fail to detect, prevent, reduce, and punish prison rape;
       (7) protect the Eighth Amendment rights of Federal, State, 
     and local prisoners;
       (8) increase the efficiency and effectiveness of Federal 
     expenditures through grant programs such as those dealing 
     with health care; mental health care; disease prevention; 
     crime prevention, investigation, and prosecution; prison 
     construction, maintenance, and operation; race relations; 
     poverty; unemployment; and homelessness; and
       (9) reduce the costs that prison rape imposes on interstate 
     commerce.

     SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH.

       (a) Annual Comprehensive Statistical Review.--
       (1) In general.--The Bureau of Justice Statistics of the 
     Department of Justice (in this section referred to as the 
     ``Bureau'') shall carry out, for each calendar year, a 
     comprehensive statistical review and analysis of the 
     incidence and effects of prison rape. The statistical review 
     and analysis shall include, but not be limited to the 
     identification of the common characteristics of--
       (A) both victims and perpetrators of prison rape; and
       (B) prisons and prison systems with a high incidence of 
     prison rape.
       (2) 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)

[[Page S9661]]

     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 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)).

[[Page S9662]]

       (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 State 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,

[[Page S9663]]

     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 operation 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--

[[Page S9664]]

       (A) the carnal knowledge, oral sodomy, sexual assault with 
     an object, or sexual fondling of a person, forcibly or 
     against that person's will;
       (B) the carnal knowledge, oral sodomy, sexual assault with 
     an object, or sexual fondling of a person not forcibly or 
     against the person's will, where the victim is incapable of 
     giving consent because of his or her youth or his or her 
     temporary or permanent mental or physical incapacity; or
       (C) the carnal knowledge, oral sodomy, sexual assault with 
     an object, or sexual fondling of a person achieved through 
     the exploitation of the fear or threat of physical violence 
     or bodily injury.
       (10) Sexual assault with an object.--The term ``sexual 
     assault with an object'' means the use of any hand, finger, 
     object, or other instrument to penetrate, however slightly, 
     the genital or anal opening of the body of another person.
       (11) Sexual fondling.--The term ``sexual fondling'' means 
     the touching of the private body parts of another person 
     (including the genitalia, anus, groin, breast, inner thigh, 
     or buttocks) for the purpose of sexual gratification.
       (12) Exclusions.--The terms and conditions described in 
     paragraphs (9) and (10) shall not apply to--
       (A) custodial or medical personnel gathering physical 
     evidence, or engaged in other legitimate medical treatment, 
     in the course of investigating prison rape;
       (B) the use of a health care provider's hands or fingers or 
     the use of medical devices in the course of appropriate 
     medical treatment unrelated to prison rape; or
       (C) the use of a health care provider's hands or fingers 
     and the use of instruments to perform body cavity searches in 
     order to maintain security and safety within the prison or 
     detention facility, provided that the search is conducted in 
     a manner consistent with constitutional requirements.

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