[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[House]
[Pages H7764-H7771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRISON RAPE ELIMINATION ACT OF 2003
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent to take from
the Speaker's table the Senate 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,
and ask for its immediate consideration in the House.
The Clerk read the title of the Senate bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
Mr. SCOTT of Virginia. Mr. Speaker, reserving the right to object,
and I will not object, however, I do want to thank the chairman, the
gentleman from Wisconsin (Mr. Sensenbrenner), and the ranking member,
the gentleman from Michigan (Mr. Conyers), as well as the gentleman
from North Carolina (Mr. Coble), for their hard work in getting the
bill to the floor, and especially to my good friend and colleague, the
gentleman from Virginia (Mr. Wolf), for developing the bill and
introducing it with me.
I should also thank the House leadership and Senators Kennedy and
Sessions whose bill we consider today.
Mr. Speaker, I want to first express my appreciation to Chairman
Sensenbrenner for the heavy lifting he did to get this bill before us
today. Not only did he make it clear that this matter was of the
highest priority to him, but he directed his staff to get with
everybody necessary to expeditiously develop a bill that we all could
support. A reflection of his commitment to expediting this legislation
is his agreement, despite his reluctance, to take up the Senate bill
for House Floor consideration instead of our Committee bill. So, I want
to thank and commend you, Mr. Chairman for your commitment to this
legislation and your excellent and expeditious stewardship of this
matter to this point.
I would also like to thank my friend and our Ranking Member, John
Conyers, the gentleman from Michigan, for his support and assistance on
this bill. And the leadership and determination of my Subcommittee
Chairman and good friend, Howard Coble, the gentleman from North
Carolina, must also be recognized. From the moment this matter hit the
Subcommittee agenda, his strong and persuasive impact was felt in
having it move forward. It was a pleasure to work with you on this,
Howard. I must also thank Speaker Hastert, Majority Leader Tom DeLay
and Minority Leader Nancy Pelosi for their strong support and
accommodations in assisting this legislation to this point.
Of course, the spirit, purpose, and soul of this bill is personified
in the efforts of its chief sponsor in the House, my friend and
colleague Frank Wolf, the gentleman from Virginia. The passion and
dedication he has given to this effort has fueled us all.
Prison rape has been shown to have a devastating impact on our
prisons.
Not only does it cause severe physical and psychological trauma to
its victims, but prison rape is recognized as a contributing factor to
prison homicide, violence against staff, and institutional riots.
Prison rape also increases the transmission of HIV/AIDS, other sexually
transmitted diseases, tuberculosis, and hepatitis B and C--all of which
exist at a very high rate within U.S. prisons and jails.
Prison rape is a problem of sizable scope. Of the 2 million people
incarcerated today, it is estimated that one in ten, or roughly
200,000, are victims of prison rape. And youths in adult prisons are 5
times more likely to be raped than adults. Yet, because it occurs in
prison, like most other aspects of prison life, prison rape is,
essentially, ignored as a societal problem.
And society pays dearly for ignoring prison rape. Inmates, often non-
violent first time offenders, come out of a prison rape experience
severely traumatized and leave prison not only more likely to
commit crimes, but far more likely to commit violent crimes than when
they entered. And the high incidence of rape within prison which leads
to the increased transmission of HIV, hepatitis and other diseases
there, in turn, increases the incidences of these dreaded diseases and
it imposes threats and costs to society at large.
Prison rape is a crime with constitutional implications. The Supreme
Court held in Farmer v. Brennan that deliberate indifference to the
risk of prison rape violates the Eighth and Fourteenth Amendments to
the United States Constitution. While prison conditions may be
``restrictive and even harsh,'' prison and jail officials ``must take
reasonable measures to guarantee the safety of the inmates.''.
The bill requires an annual statistical study of the incidence of
rape in a significant number of federal, state and county prisons and
jails, and public reviews of institutions where the rate of prison rape
is 30% above the national average rate. It also establishes a
clearinghouse for complaints of prison rape to assist prevention and
prosecution, and provide training and assistance to prison and jail
officials. Further, the bill establishes a program to provide grants,
from a total authorization of $40 million each year, to state and local
governments and institutions for the purpose of enhancing the
prevention and punishment of prison rape.
The bill also provides for the establishment of a Commission to
develop standards for addressing and eliminating prison rape, and
finally, the bill requires prison accreditation organizations to
examine prison rape prevention practices as a critical component of
their accreditation reviews.
In the end, and perhaps most importantly, the effort to combat prison
rape is a moral imperative. Prison rape is nothing short of prison
torture--the infliction of severe emotional and physical pain as
punishment and coercion. Long after bodies have healed, the emotional
trauma, shame and stigma of brutal and repeated prison rape lasts and
embitters.
Whatever their crimes and whatever the prescribed punishment for
them, in a humane society prison rape should not be a part of it.
Prison rape not only derails justice--it destroys human dignity.
Again, I would like to thank Chairman Sensenbrenner, Chairman, Coble,
and Chairman Wolf, the chief Sponsor of the bill in the House, for
their dedication and diligent work on this issue. I would also like to
thank Senator Ted Kennedy and Senator Jeff Sessions, the chief sponsors
of the Senate bill. A reflection of the work they have done on this
issue over the past 2 Congresses is the fact that it passed the Senate
unanimously and in record time.
Further, I must thank the originators of this effort--Michael
Horowitz of the Hudson Institute and Vinnie Schraldi of the Justice
Policy Institute, for their vision, leadership and dedication in
bringing this matter to the forefront
[[Page H7765]]
and keeping it going. They developed and led the amazingly diverse
coalition supporting this bill, that is listed at the end of these
remarks for the record. And I thank our staff--Katy Crooks, Bobby
Vassar and Chief Counsel Jay Apperson of the Subcommittee, Robert Toone
of Senator Kennedy's office and Andrea Sanders of Senator Sessions
office, Nathaniel Zylstrap of Hudson Institute, and, of course,
Committee Chief Counsel, Phil Kiko, whose heavy hand directed the staff
effort, for their yeoman-like work on this bill.
Mr. SENSENBRENNER. Mr. Speaker, will the gentleman yield?
Mr. SCOTT of Virginia. I yield to the gentleman from Wisconsin.
Mr. SENSENBRENNER. Mr. Speaker, I rise in support of this bill.
This bill is about changing attitudes in America's prisons and in
America as a whole. In our country, prison rape occurs frequently, but
unfortunately it is often viewed as a fact of prison life. We know
these crimes are occurring, but most people would really rather not
discuss this unpleasant topic.
Unpleasant as it may be, prison rape is a serious problem that harms
prisoners and also effects our communities. This problem is brought to
bear on our communities through higher health costs for increased HIV
and tuberculosis in prisons. It is brought to bear on our communities
by the emotional and psychological problems it creates in the prisoners
who will one day be released back into society. This Congress has
decided enough is enough. It is time for us to stop ignoring this
problem.
S. 1435 as offered on the floor today represents a bipartisan effort
to address this problem in a meaningful way and bring some
accountability into America's prisons and jails. It is intended to make
prevention and prosecution of sexual assault within correctional
facilities a priority for Federal, State and local institutions and
require the development of national standards for detection,
prevention, reduction, and punishment of these incidents. S. 1435 will
help to eliminate prison rape in a number of ways.
First, this legislation will require the Department of Justice, for
the first time, to collect data and statistics on the incidence of
prison rape. For the first time we will be collecting information on an
annual basis to determine the extent of this problem. This is the first
step in our effort to address this problem.
Additionally, the legislation requires the Attorney General to
develop national standards on the prevention and prosecution of prison
rape.
A state that receives Federal funds for prisons and jails will need
to comply with these national standards or shift 5 percent of its funds
from the Federal Government for its prisons to comply with the
standards.
Finally, this legislation will establish a new grant program for the
Attorney General to make one year grants to State and local governments
to prevent, investigate, and punish prison rape or to help in
addressing prisoner and community safety issues in states facing budget
crises.
Before closing, I would note that this legislation is substantively
identical to H.R. 1707, introduced by Congressman Wolf, and reported by
the Judiciary Committee earlier this month. I believe this legislation
will go a long way towards eliminating this very serious safety issue
in our prisons and I urge my colleagues to support it.
Mr. SCOTT of Virginia. Mr. Speaker, reclaiming my time under my
reservation, I again want to thank the chairman of the committee, and I
hereby submit for the Record a statement on the bill as well as a
letter in support of the legislation from a long list of organizations.
April 18, 2003.
Dear Mr. Speaker, Senator Frist, Senator Daschle, Majority
Leader Delay, and Minority Leader Pelosi: We write to
strongly urge your support for the Sessions-Kennedy-Wolf-
Scott Prison Rape Reduction Act of 2003, H.R. 1707.
Those of us who have signed this letter have many
disagreements on public policy matters, including a variety
of issues relating to criminal law and punishment. But we are
united in our unyielding determination to end the scourge of
prison rape and to enact the Sessions-Kennedy-Wolf-Scott
bill.
Of the 2 million prisoners in the U.S., a conservative
estimate is that one in 10 has been raped--more than 200,000
inmates! Further conservative research indicates that inmates
who are sexually assaulted are also victimized, on average,
nine additional times during their incarceration. In
addition, incarcerated youths are more likely to be raped
than are adult inmates and, when they are, more likely to be
acutely victimized and shattered.
The Sessions-Kennedy-Wolf-Scott bill is a moderate and
necessary response to this crisis. It is designed to
eliminate prison rape in a manner that is respectful of the
primary role of States and local governments in administering
correctional institutions and of the federal government's
obligation not to impose unfunded mandates on them and to
make the problem more fully visible to the American people
and those who can combat it. Additionally, the legislation
has been carefully drawn to ensure comprehensive study and
reporting of prison rape, and to reverse perverse prison
administration incentives that now often make it exceedingly
difficult for prison officials to engage in priority efforts
to abate prison rape.
The Sessions-Kennedy-Wolf-Scott bill is not only a means of
protecting inmates. Society pays dearly for ignoring prison
rape. Clearly, prison rape costs taxpayers greatly in
recidivism and increased violent crime and thus negates
federal programs designed to reduce the incidence of crime.
Inmates, often non-violet first time offenders, come out of a
prison rape experience severely traumatized and thus leave
prison far more violent than when they entered. The high
incidence of rape within prison also leads to the increased
transmission of HIV, hepatitis and other diseases, which in
turn imposes costs on all of society.
Fighting prison rape is also affirmatively mandated by the
Constitution. As distinguished from federal programs designed
to address problems ranging from teenage drinking to
declining education standards, the Sessions-Kennedy-Wolf-
Scott bill deals with plenary and constitutionally
inescapable federal responsibilities--this in light of the
determination of a near unanimous Supreme Court in Farmer v.
Brennan that deliberate indifference to prison rape
violates the 8th Amendment's cruel and unusual punishment
provisions.
In the end, perhaps most importantly, the effort to combat
prison rape is a moral imperative. Prison rape is nothing
short of torture--the infliction of severe emotional and
physical pain as punishment and coercion. And, long after
bodies have healed, the emotional trauma, shame and stigma of
brutal and repeated prison rape lasts and embitters. Thus,
prison rape not only derails justice--it destroys human
dignity.
The Sessions-Kennedy-Wolf-Scott bill offers great hope that
the brutality of prison rape can be sharply curtailed, and
our joint effort to enact it is thus a coalition of
conscience rather than convenience. As such, we take heart
from the Speaker's strong endorsement of the bill, and are
determined to see its effective, moderate provisions rapidly
brought into effect. As men and women of good will we will
not rest while the violence of prison rape continues, and we
strongly urge you to join us in an effort also certain to
bring credit on the United States at a moment when America's
need to show its commitment to democratic values has never
been higher.
Working with the bill's sponsors, we stand ready to meet
with you at your earliest convenience. If you would like
additional information or have any questions please contact
Marian Bell, National Policy Director for Prison Fellowship
Ministries, at (703) 478-0100 ext. 3630 or Vincent Schiraldi,
President, Justice Policy Institute, at (202) 363-7847.
Very truly yours,
American Values
Amnesty International USA
Center for Religious Freedom
Christian Coalition
Concerned Women of America
Focus on the Family
Human Rights and the Drug War
Human Rights Watch
Intitute on Religion and Democracy
Justice Policy Institute
Kids First Coalition
NAACP
National Association of Evangelicals
National Center for Neighborhood Enterprise
National Center on Institutions and Alternatives
National Council of La Raza
Open Society Policy Center
Prison Fellowship
Salvation Army
Southern Baptist Convention
Stop Prisoner Rape
The Sentencing Project
Tradition, Family, Property Inc.
Unitarian Universalists for Juvenile Justice
Youth Law Center
Federal CURE, Inc.
MALDEF
American Probation and Parole Association
Alliance for Children and Families
Religious Action Center of Reform Judaism
Physicians for Human Rights
National Association of Sentencing Advocates (NASA)
Penal Reform International
Aleph Institute
Presbyterian Church USA
Union of American Hebrew Congregations
Mr. WOLF. Mr. Speaker, I am pleased to rise in support of H.R. 1707,
the Prison Rape Reduction Act of 2003 which I introduced with my
Virginia colleague Representative Bobby Scott. Similar legislation S.
1435, sponsored by Senator Sessions and Senator Kennedy, passed the
Senate earlier this week. I am encouraged that both the Senate and now
the House have taken action on this bill and have moved a step closer
to reducing sexual assault in prisons.
I want to thank the chairman of the Judiciary Committee,
Representative James Sensenbrenner, for his assistance with this
legislation. It is due largely to his efforts and interest in this bill
that we are on the floor today to pass. This bill, which is essential
to reversing the increasing numbers of prisoners who are sexually
assaulted.
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Not often discussed, prison rape is a cruel act which has been
ignored for too long. Survivors of prison rape often bear physical and
emotional scars from their experiences for their entire lives.
Moreover, if we allow this problem to continue, we will be allowing
increased recidivism, prison unrest, and the spread of disease--all
byproducts of prison rape--to continue unabated. Reducing sexual
assault in prison will reduce the numbers of prisoners who when
released will go back into the community and commit crimes again.
Prison rape occurs every day, For example, just last month, a 19-
year-old college student in Florida, in jail on marijuana charges, was
raped by a cell mate who was being held on charges of sexual battery.
This rape occurred within hours of the student being placed in his
cell. There are thousands of other stories of prisoners being raped in
prison.
The legislation before us today will facilitate the study of prison
rape, allow hearings on the impact of prison rape on inmates and
society, and create national standards for preventing prison rape.
It is important to be tough on crime, but turning a blind eye to
prison rape has nothing to do with being tough on crime; it has
everything to do with treating people humanely, reducing recidivism,
and halting the spread of disease. Recently a number of prison rape
survivors spoke her in Washington to explain how prison rape harmed
them. These were gripping stories, and I have previously entered them
into the Record. Today the House can pass legislation to help curb
prison rape and reduce the needless suffering and additional punishment
of prisoners. I urge my colleagues to support this legislation.
There have been many individuals responsible for moving this
legislation through Congress. I wish to thank Rep. Bobby Scott of
Virginia, who co-sponsored this legislation, and Bobby Vassar of his
staff. Senator Kennedy and Senator Sessions were the Senate co-sponsors
of this bill and their leadership is greatly appreciated, along with
the hard work of their staffers, Robert Toone and Andrea Sanders
respectively. Representative Howard Coble, chairman of the Judiciary
Committee's Subcommittee on Crime, Terrorism, and Homeland Security,
and his counsel, Katy Crooks who helped guide this legislation through
their subcommittee, and Phil Kiko, Jay Apperson, and Joseph Gibson on
the full committee, were very supportive along with Chairman James
Sensenbrenner.
The Speaker of the House, J. Dennis Hastert, and Margaret Peterlin in
the Speaker's office have been of great assistance in moving this bill.
Majority Leader Tom Delay, and his staffer, Carl Thorsen have been
invaluable in getting this bill through the final hurdles and onto the
floor of the House.
There are others who need to be thanked. First and foremost, I must
thank Michael Horowitz of the Hudson Institute has been the guiding
force behind this legislation; his foresight and dedication to this
issue are incomparable. Nathaniel Zylstra, Mr. Horowitz's assistant,
has also provided valuable help. There are others outside Capitol Hill
who played a role in this legislation. They are: Vince Schiraldi,
Justice Policy Institute; Mariam Bell, Prison Fellowship; Mike
Thompson, Council on State Governments; Paul Rosenzweig, Heritage
Foundation, principal drafter of the bill; Ed Haden, formerly of
Senator Sessions' office; Gene Guerrero, Open Society Institute; Marian
Zapata-Rossa, National Council of La Raza; Ben Jealous, Amnesty
International; Hilary Shelton, NAACP; Linda Chavez, Center for Equal
Opportunity, who first came up with the concept for this bill; John
Kaneb, private businessman and a passionate backer of our efforts;
David Saperstein, the Religious Action Center; Wendy Patten, Human
Rights Watch; Prison Fellowship, specifically Mark Earley, Kate Fowler
and Chuck Colson; Pat Nolan, Justice Fellowship; Rich Cizik, National
Association of Evangelicals; Barrett Duke and Shannon Royce, Southern
Baptist Convention; Salvation Army, specifically Richard Land, George
Hood, Todd Bassett; Rich Lowry, National Review; Jennie Osmer, Cal
Skinner, former State Senator in Illinois; Micah Solomon, Virginia
businessman; Charles Sullivan, Citizens United for Alternatives to the
Death Penalty; David Whettstone, Mennonite Central Committee; Cindy
Struckman-Johnson, University of South Dakota; Bob Dumond, licensed
clinical mental health counselor, Frank Hall, who headed six prison
systems; Tom Cahill, co-founder, and Lara Stemple, Stop Prison Rape.
Finally, I wish to thank John Martens of the House Appropriations
subcommittee on Commerce-Justice-State; Daniel Scandling, my chief of
staff; Janet Shaffron, my legislative director; Neil Siefring, my
legislative assistant for Judiciary issues; and Chris Santora, a former
legislative assistant in my office who worked hard on this issue in the
early days of the bill's history.
Mr. SCOTT of Virginia. Mr. Speaker, I withdraw my reservation of
objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
The Clerk read the Senate bill, 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 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
[[Page H7767]]
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) 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
[[Page H7768]]
(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)).
(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.
[[Page H7769]]
(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, 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
[[Page H7770]]
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--
(A) the carnal knowledge, oral sodomy, sexual assault with
an object, or sexual fondling of a person, forcibly or
against that person's will;
[[Page H7771]]
(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.
The Senate bill was ordered to be read a third time, was read the
third time, and passed, and a motion to reconsider was laid on the
table.
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