[Congressional Record Volume 149, Number 113 (Monday, July 28, 2003)]
[Senate]
[Pages S10032-S10033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PRISON RAPE ELIMINATION ACT OF 2003

  Mr. SESSIONS. Mr. President, I wish to say a few words about 
legislation that just cleared the House. It is something I think is 
healthy and good. It is the Prison Rape Elimination Act of 2003. I 
worked with Senator Kennedy to hammer out legislation that I think is 
important. We have different political philosophies, but we have come 
together on this issue. Also, in the House, Congressmen Frank Wolf and 
Bobby Scott worked together to move the legislation through their body. 
As a Federal prosecutor for 15 years and as an attorney general for 
Alabama, I sent many guilty criminals to prison where they belong. I 
believe they should be treated fairly in court, and I treated them 
fairly. I also believe they should be treated fairly in prison.
  Most prison wardens and sheriffs are outstanding public servants. 
They do a fine job of supervising inmates, and I respect them and 
commend them for the work they do. However, knowingly subjecting a 
prisoner to a circumstance where they could be sexually assaulted, and 
raped, is cruel and unusual punishment, clearly, under the eighth 
amendment to the Constitution.
  Some States have estimated as many as 10 percent or more convicted 
offenders have been subject to sexual assault in prison. One study said 
13 percent and another study said 14 percent. I hope these statistics 
are an exaggeration and frankly, I think they may be an exaggeration. 
Nonetheless, it is the duty of government officials to ensure that 
criminals who are convicted and sentenced to prison, serve the sentence 
imposed by the judge, but not additional sentence of sexual assault. 
Rape is not a part of any lawful sentence.
  I am also concerned when I see television programs, movies, and read 
books that constantly suggest that any young person sent to prison is 
going to be sexually assaulted. I have never believed that to be true, 
but I have not doubted some of it occurs. None of it should occur.
  As a prosecutor, I had a policy that I would talk to any mother or 
close family member of any person who was convicted in my court. Many 
of them told me of their concerns about sexual assault in prison based 
on what they had seen on television and what they had read in books.
  This bill will deal with the issue in three ways. It establishes a 
national commission to study prison rape at the Federal, State, and 
local levels and, after 2 years, to publish the results of the study 
and make recommendations on how to reduce prison rape.
  Second, the bill directs the Attorney General to issue a rule for the 
reduction of prison rape in Federal prisons. That is what we have 
direct responsibility for in this body, Federal prisons. To avoid a 
reduction in certain Federal funds, each State should certify it has 
adopted or is in compliance with the standards set forth in the 
Attorney

[[Page S10033]]

General's rules for improvement in this area. If a State is not in 
compliance, it can use the 5-percent money that they would otherwise 
lose to work on this problem. If they do that, they will not end up 
losing any money, but it will be a way of us saying: If you are going 
to continue to draw Federal money, take this issue seriously.
  Third, the bill will require the Department of Justice to conduct 
statistical surveys on prison rape for Federal, State, and local 
prisons and jails. Further, the Federal Government will select 
officials in prisons with the highest incidence of prison rape and with 
the lowest incidence of sexual assaults and have them come to 
Washington to discuss the problem and testify.

  The bill provides grants of up to $40 million to States for the 
prevention, investigation, and prosecution of prison rape. We find very 
little prosecution of these cases for prison rape. It will help the 
States reduce repeat offenses.
  A broad and bipartisan array of organizations and institutions have 
added their support to this bill; for example: The American 
Psychological Association; Camp Fire USA; Center for Religious Freedom, 
Freedom House; Christian Rescue Committee; Citizens United for 
Rehabilitation; Focus on the Family; Good News, United Methodist 
Church; Human Rights Watch; Justice Policy Institute; Lutheran Office 
for Governmental Affairs; National Association of School Psychologists; 
National Association of Evangelicals; National Association for the 
Advancement of Colored People; National Council for La Raza; National 
Network for Youth; National Mental Health Association; Marvin Olasky, 
the author and editor; Partnership for Responsible Drug Information, 
Presbyterian Church USA; Religious Action Center; Prison Fellowship--
that is Chuck Colson's group that has been active in working on this 
issue--the Salvation Army; the Southern Baptist Convention; Unitarian 
Universalists for Juvenile Justice; Volunteers of America; and Youth 
Law Center.
  I also thank Linda Chavez and Mike Horowitz for the ideas that 
started this legislative initiative. Well-conceived and carefully 
crafted ideas drive many legislative and political initiatives that 
become law after people work together to form a bipartisan, moral 
position.
  I commend the hard work of Bill Pryor, the attorney general of 
Alabama, who worked with us on this issue and testified in favor of it. 
He cares about the individuals who are in prison, having put a lot of 
them there himself, and he demands fairness in how the prisoners are 
treated.
  I also compliment my Senate staff person, Andrea Sander, for her 
excellent work in this matter.
  This bill will address prison rape, not through unfunded mandates but 
by studying the problem and figuring out how to address these needs. It 
is time for us to confront this issue, to deal with it, and put it 
behind us. Mothers should not have to worry that their children are 
going to be sexually assaulted in prison. That should not occur. I 
believe we can do better. This bill will be a major step in that 
direction, and I salute Senator Kennedy for his leadership in helping 
us make this happen.
  I thank the Chair and yield the floor.
  Mr. SESSIONS. I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SESSIONS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDENT pro tempore. Without objection, it is so ordered.

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