[House Report 108-219]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-219

======================================================================



 
                   PRISON RAPE REDUCTION ACT OF 2003

                                _______
                                

 July 18, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1707]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1707) 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, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................    13
Background and Need for the Legislation..........................    13
Hearings.........................................................    14
Committee Consideration..........................................    14
Vote of the Committee............................................    14
Committee Oversight Findings.....................................    14
New Budget Authority and Tax Expenditures........................    15
Congressional Budget Office Cost Estimate........................    15
Performance Goals and Objectives.................................    17
Constitutional Authority Statement...............................    17
Section-by-Section Analysis and Discussion.......................    17
Changes in Existing Law Made by the Bill, as Reported............    21
Markup Transcript................................................    21

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prison Rape 
Reduction 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 Congress's power 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 officials' failure 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 the following:
                    (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).
                    (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.--
            (1) Issuance.--The Panel 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
    (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
                    (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.
            (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 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;
                    (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.

                          Purpose and Summary

    H.R. 1707, the ``Prison Rape Reduction Act of 2003'' makes 
prevention of prison rape a priority for Federal, State, and 
local institutions and develops national standards for 
detection, prevention, reduction, and punishment of prison 
rape. The legislation requires State and local governments to 
work with the Federal Bureau of Justice Statistics (BJS) to 
study the number and effects of incidents of sexual assaults in 
correctional facilities and to adopt and maintain compliance 
with the national standards developed by the Attorney General.
    All sections of the bill are intended to address the 
problem of inmates who are raped by fellow inmates as well as 
the equally serious problem of inmates who are raped by 
correctional staff and contractors.

                Background and Need for the Legislation

    More than 2 million individuals were incarcerated in the 
United States at the end of 2001. Although most correctional 
facilities have procedures in place to protect inmates against 
violence from other inmates while they are incarcerated, often 
these procedures are not enough. There is very little data 
regarding the number of violent incidents that occur in 
correctional facilities, and even less data on the incidence of 
sexual assaults in prisons. Estimates put the incidence of 
sexual assaults as high as 13 percent of the inmates or as low 
as 3 percent. However, regardless of percentages, it is 
generally agreed that these incidents have real consequences 
for the physical, emotional, and psychological well-being of 
the prisoners, who may 1 day be released into society.
    The original legislation mandated a study to determine the 
incidents and effects of sexual assault in correctional 
facilities and, provide accurate data for the first time on the 
number of incidents. The legislation as introduced was 
controversial due to its grant funding scheme. For institutions 
that complied with the Federal Government standards and 
requests for information, it would have increased the amount of 
all grant funding a State or local government receives by 10 
percent, at the expense of those States who do not comply with 
such requests or adopt such standards. Additionally, because 
this legislation required that the grant funds designated must 
aggregate a minimum of $1 billion (affecting approximately one-
third of all grants at the Office of Justice Programs), many 
different grants for many entities that have no relationship to 
prisons might have been affected.
    Due to the controversial provisions in the original 
legislation, a compromise was reached after negotiation among 
all the affected parties. A bipartisan substitute amendment 
representing that compromise was then reported favorably by the 
Subcommittee on Crime, Terrorism, and Homeland Security.
    The substitute amendment still requires a study on the 
incidence and effects of sexual assault in correctional 
facilities and provide accurate data for the first time on the 
number of incidents; however, the controversial provisions have 
been changed. The substitute no longer rewards States and 
institutions who are invited to testify at the expense of other 
States and institutions. Additionally, the grant program 
provisions were revised in the substitute to specifically 
target only those grant programs which award funds to State and 
local prisons. The substitute requires States to adopt national 
standards for the prevention and prosecution of prison rape. 
States that do not adopt these standards can lose 5 percent of 
prison funds unless they choose to redirect those funds to 
become compliant with the national standards.
    The provisions of this legislation, including both the 
reporting requirements and the standards and protections 
developed by the Attorney General, are intended to apply to all 
individuals detained in the United States in both civil and 
criminal detentions.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on H.R. 1707 on April 29, 
2003. Testimony was received from four witnesses, Tracy Henke, 
Principal Deputy Assistant Attorney General, Office of Justice 
Programs, U.S. Department of Justice, Asbel T. Wall, II, 
Director, Department of Corrections, State of Rhode Island, 
Charles Kehoe, President, American Correctional Association, 
and Frank Hall, Director, Eagle Group, and with additional 
material submitted by fifteen individuals and organizations.

                        Committee Consideration

    On June 11, 2003, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered favorably 
reported the bill H.R. 1707, with an amendment, by a voice 
vote, a quorum being present. On July 9, 2003, the Committee 
met in open session and ordered favorably reported the bill 
H.R. 1707, with an amendment, by voice vote, a quorum being 
present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 1707.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of Rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of Rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1707, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 17, 2003.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1707, the Prison 
Rape Reduction Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
H.R. 1707--Prison Rape Reduction Act of 2003.

                                SUMMARY

    H.R. 1707 would authorize the appropriation of:

         L$15 million for each of the fiscal years 2004 
        through 2010 for the Department of Justice (DOJ) to 
        carry out comprehensive statistical analyses of prison 
        rape incidents nationwide;

         L$5 million annually over the 2004-2010 period 
        for DOJ to provide training and other assistance to 
        federal, State, and local prison authorities to deter 
        prison rape;

         L$40 million annually over the 2004-2010 
        period for the DOJ to make grants to States to prevent 
        and prosecute prison rape; and

         Lsuch sums as necessary to establish the 
        National Prison Rape Reduction Commission, which would 
        have two years to conduct a comprehensive study of the 
        impacts of prison rape.

    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing
    H.R. 1707 would cost $236 million over the 2004-2008 
period. Enacting this legislation would not affect direct 
spending or revenues.
    H.R. 1707 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA), 
but CBO estimates that the costs of complying with those 
mandates would be significantly below the thresholds 
established under that act ($59 million for intergovernmental 
mandates and $117 million for private-sector mandates in 2003, 
adjusted for inflation). It also would provide benefits to 
State, local, and tribal governments in the form of new grant 
programs.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    For this estimate, CBO assumes that H.R. 1707 will be 
enacted by the end of fiscal year 2003, that the necessary 
amounts will be appropriated by the beginning of each fiscal 
year, and that outlays will follow the historical spending 
rates for these or similar activities. The estimated budgetary 
impact of H.R. 1707 is shown in the following table. The costs 
of this legislation fall within budget function 750 
(administration of justice).


              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 1707 contains intergovernmental and private-sector 
mandates as defined in UMRA. It would require State, local, or 
tribal governments and entities in the private sector, if 
subpoenaed, to attend and produce written or other matter at 
hearings conducted by the Review Panel on Prison Rape and the 
National Prison Rape Reduction Commission. CBO expects that the 
panel and commission would likely exercise their subpoena power 
sparingly and that the costs to comply with a subpoena would 
not be significant. CBO estimates that the cost of those 
mandates to public and private entities would be small and well 
below the relevant annual thresholds established by UMRA.
    In addition, this bill would provide benefits to State, 
local, and tribal governments. It would authorize 
appropriations of $315 million over seven years for new 
training and grant programs and would create a new information 
clearinghouse to assist local officials. Eligibility 
requirements, such as the adoption of current national 
standards, would be conditions of federal aid and not mandates 
as defined in UMRA.
    This bill would direct the Attorney General to adopt 
national standards for the prevention of prison rape. Though 
the language specifies that those standards may not place 
substantial additional costs on federal, State, or local prison 
authorities, CBO has no basis for estimating what those 
standards might be or what costs State and local governments 
would face in complying with them.
    Finally, the bill would add new conditions for existing 
grant programs. States that refused, or had localities that 
refused, to participate in the federal survey on prison rape 
would be required to return federal funds they received for 
prisons. In addition, State grant awards would be reduced by 5 
percent if they did not comply with national standards or agree 
to use at least 5 percent of any federal grant money for 
prisons to maintain their compliance with the national 
standards.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Robert A. Sunshine
Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, the Committee sets forth these 
performance goals and objectives. H.R. 1707 authorizes funding 
for a grant program to make 1 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. Additional funding is authorized 
to study the number and effects of incidents of sexual assaults 
in correctional facilities and to adopt and maintain compliance 
with the national standards developed by the Attorney General. 
The Committee goal is that these programs will reduce or 
eliminate the incidence of prison rape in Federal, State, and 
local institutions.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I of the Constitution.

               Section-by-Section Analysis and Discussion

Section 1. Short Title. Table of Contents
    This section sets forth the short title and the table of 
contents for the legislation.
Section 2. Findings
    This section makes certain findings regarding the number of 
persons who are incarcerated in the United States and estimates 
the number of rapes that have occurred or will occur in the 
prisons. It also sets forth the social, economic, health, and 
psychological effects of rape on prisoners and the community. 
The section also cites constitutional considerations that may 
be raised with regard to deliberate indifference to prison 
rape.
Section 3. Purposes
    This section establishes the purpose of this act to make 
collection of data on, and prevention of, sexual assault within 
correctional institutions a priority and to develop national 
standards that Federal, State, and local correctional 
institutions must follow for detection, prevention, reduction, 
and punishment of prison rape.
Section 4. National Prison Rape Statistics, Data, and Research
            a) Annual Comprehensive Statistical Review
    This section requires the Bureau of Justice Statistics 
(BJS), using random sampling, to collect statistics annually on 
inmates involved in sexual assaults in correctional facilities 
and prisons. Any State or local official or facility that 
declines to participate in the national survey or prohibits 
access to any inmate in custody will lose Federal prison grant 
funding for facilities under their jurisdiction.
            b) Review Panel on Prison Rape
    Bureau of Justice Statistics shall establish a Review Panel 
on Prison Rape consisting of three members with expertise in 
this area. The panel shall conduct public hearings concerning 
the operation of prisons to collect evidence to aid in the 
identification of common characteristics of prisons with both 
high and low incidences of rape.
    The Panel shall request the public testimony of Federal, 
State, and local officials, including the warden or director of 
institutions, who bear the responsibility for prevention, 
detection, or punishment of rape. The Panel will have subpoena 
authority that may be enforced by the Attorney General.
    The original text of the legislation provided for the Panel 
to request the public testimony of Federal, State and local 
officials, including the warden or director of an institution 
with the highest incidence of prison rape, who bear the 
responsibility for prevention, detection or punishment of rape 
at prison. If a State or local official appeared to testify, 
the entity would have received increases in grant funding of 10 
percent at the expense of other States who failed to testify or 
refuse to testify. If a State or local official is not invited 
to testify, the entity would not be eligible for an increase in 
grant funding. This was eliminated in the substitute in favor 
of a more balanced approach. Institutions with both a high and 
low incidence of prison rape would be invited to testify or 
would receive subpoenas to testify but would not lose Federal 
funds. The Attorney General would have the authority to enforce 
the subpoenas.
            c) Reports
    BJS shall prepare an annual report to Congress, the 
Attorney General, and the Secretary of HHS regarding the 
effects of prison rape; statistics on incidence; identification 
of institutions where incidence exceeds the national median 
level; and identification of jail and police lockup systems 
where prison rape is largely avoidable.
            d) Contracts for Research
    This section authorizes appropriations of $15 million per 
year for FY 04 to FY 10 for BJS to contract for research on 
this issue.
Section 5. Prison Rape Prevention and Prosecution
            a) Information and Assistance
    This section establishes a national clearinghouse within 
the Department of Justice for information and assistance for 
Federal, State, and local authorities, which will provide 
information on prevention of prison rape and how States can 
address prisoner safety while facing budget crises.
            b) Reports
    The Attorney General shall provide Congress and HHS with an 
annual report of the activities taken under this section with 
regard to prison rape abatement.
            c) Authorization of Appropriations
    This section authorizes $5 million per year for FY 04 to FY 
10 to carry out this section.
Section 6. Prison Rape Prevention and Prosecution Grants
            a) Enhanced Response to Prison Rape Grants
    This section requires the Attorney General to make 1 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. The 
grants require a 50 percent match by the State or local 
government and may not exceed $1 million. Any applicant for a 
grant under this section must show that it has adopted all 
national prison rape standards and specify the particular 
actions it has taken to prevent and respond to prison rape. 
Each grantee must submit a report on the activities and an 
evaluation of the impact of such activities on incidents of 
prison rape.
            b) Authorization of Appropriations
    This section authorizes appropriations in the amount of $40 
million per year for FY 04 to FY 10 to fund grants authorized 
under this section.
    The original text of the legislation provided grants only 
for addressing issues of prison rape. Due to concerns of 
overcrowding and the budget crises facing the prisons, this 
section was expanded in the substitute to allow grants to be 
provided for either prison rape or community safety issues with 
regard to releasing prisoners.
Section 7. National Prison Rape Reduction Commission
    This section establishes a National Prison Rape Reduction 
Commission composed of 9 members, three of whom are appointed 
by the President, with expertise in prison rape reduction 
matters. This section specifies the procedure for choosing 
members for the Commission and describes the procedures for the 
Commission meetings and operations. The Commission shall be 
charged with a comprehensive study on the effects of prison 
rape including the physical, psychological, social, and 
economic impact on government and society.
    A report which includes the findings of the Commission, 
recommended national standards for reducing prison rape, 
protocols for preserving evidence, and a summary of materials 
collected shall be provided to the President, the House and 
Senate Judiciary Committees, the Attorney General, the 
Secretary of HHS, the Bureau of Prisons, and the governor of 
each State.
    Recommendations shall include national standards on 
classification and assignment of prisoners; investigation and 
resolution of rape complaints; preservation of evidence; acute 
and long term care for both physical and psychological 
symptoms; HIV and other sexual disease testing; training of 
correctional staff; investigation of staff misconduct; 
confidentiality of prison rape complaints; data collection and 
reporting; and any other matters related to prevention and 
punishment of prison rape. The Commission shall not propose any 
recommended standard that would impose substantial increases in 
costs for Federal, State and local prisons.
    The Commission has the authority to hold public hearings 
and subpoena witnesses for those hearings. The Attorney General 
may enforce the subpoenas. Such sums as may be necessary are 
authorized to be appropriated to carry out this section for 
FY2004 to FY 2010.
    The Commission does not terminate until the report has been 
completed. The Commission is exempt from the Federal Advisory 
Committee Act (FACA).
Section 8. Adoption and Effect of National Standards
            a) Publication of Proposed National Standards
    The Attorney General is required to establish a rule 
adopting national standards based on recommendations of the 
Commission, but shall not establish national standards that 
would impose substantial increases in costs for Federal, State 
or local authorities. The Attorney General shall transmit the 
final rule to the governor of each State.
            b) Applicability to Federal Bureau of Prisons
    The final rule shall immediately apply to the Federal 
Bureau of Prisons.
            c) Reduction in Federal Prison Grant Funding for 
                    Noncompliance with Standards
    The Attorney General shall reduce by 5 percent any State's 
allocation of Federal grant funding for any grant program that 
provides funding to prisons unless the State certifies that it 
has adopted, and is in compliance with, the national standards 
or it will use that funding to become compliant with national 
standards.
    Additionally, a State must cooperate with the survey 
performed by the Bureau of Justice Statistics or lose its 
Federal grant funding for prisons.
    The original legislation provided that any State that 
adopted the national standards would receive a 10 percent 
increase in grant funding for all grant programs designated by 
the Attorney General affecting no less than $1 billion in grant 
funding and no more than $3 billion. This section was amended 
by the substitute due to concern that there was not a 
sufficient nexus between the all grant programs that would need 
to be included to meet this threshold and the issue of prison 
rape. The substitute narrowed the focus to only funds that were 
specifically directed to prisons and allowed a 5 percent 
reduction or redirection in these funds.
Section 9. Requirement that Accreditation Organization Adopt 
        Accreditation Standards
    Any organization responsible for accrediting prisons or 
jails shall not be eligible to receive any Federal grants 
during any period where it fails to adopt accreditation 
standards consistent with the national standards.
Section 10. Definitions
    This section establishes definitions for terms pertaining 
to this legislation.
    The original legislation contained an additional two 
sections. In the substitute amendment, section 9, having to do 
with model standards was consolidated in the section on 
adoption of national standards, and section 11, having to do 
with reductions in grants, was eliminated entirely to ensure 
the focus on prisons and the criminal justice system. The text 
was renumbered accordingly.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes H.R. 1707 
makes no changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, JULY 9, 2003

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr., [Chairman of the Committee] presiding.

           *         *         *         *         *

    Chairman Sensenbrenner. The next item on the agenda is H.R. 
1707, the ``Prison Rape Reduction Act of 2003.'' The Chair 
recognizes the gentleman from North Carolina, Mr. Coble, the 
Chairman of the Subcommittee on Crime, Terrorism, and Homeland 
Security for a motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill 
H.R. 1707. With a single amendment in the nature of a 
substitute, it moved its favorable recommendation to the full 
House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point.
    [The bill, H.R. 1707, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. And the Subcommittee amendment in 
the nature of a substitute, which the Members have before them, 
will be considered as read, considered as the original text for 
purpose of amendment, and open for amendment at any point.
    [The amendment in the nature of a substitute follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. The Chair recognize the gentleman 
from North Carolina, Mr. Coble, to strike the last word.
    Mr. Coble. I thank the Chairman. I don't think it will take 
5 minutes. Mr. Chairman and colleagues, more than 2 million 
individuals were incarcerated in the United States at the end 
of 2002. Although many and probably most correctional 
facilities have procedures in place to protect inmates against 
violence from other inmates while they are incarcerated, often 
these procedures are inadequate. Very little data exists 
regarding the number of violent incidents that occur in 
correctional facilities, and even less data on the incidents of 
sexual assaults in prisons. This is a very serious problem 
which merits our attention.
    The physical and psychological problems caused by these 
incidents can have effects for the entire U.S. population. At 
the end of 2000 there were over 25,000 inmates who tested 
positive for HIV. The Subcommittee on Crime, Terrorism, and 
Homeland Security conducted hearings to examine the issue of 
sexual assault within Federal, State and local correctional 
institutions. The legislation we consider today, H.R. 1707, the 
``Prison Rape Reduction Act of 2003,'' is intended to make 
prevention of prison rape a priority for Federal, State and 
local institutions. This legislation encourages the development 
of nationwide standards for detection, prevention, reduction 
and punishment of prison rape. This legislation was marked up 
in the subcommittee, and a bipartisan substitute offered by 
Ranking Member Bobby Scott and me, was adopted by voice vote.
    The legislation requires State and local governments to 
work with the Federal Bureau of Justice Statistics to study the 
number and effects of incidents of sexual assaults in 
correctional facilities. It also encourages States to adopt and 
maintain compliance with the national standard developed by the 
Attorney General.
    I want to express my thanks to Mr. Bobby Scott, the 
distinguished gentleman from Virginia, and Mr. Frank Wolf, the 
other gentleman from Virginia, who worked endlessly on this 
very important piece of legislation. I believe this 
legislation, Mr. Chairman, will go a long way to address and 
bring attention to a very serious problem that exists in our 
correctional facilities, and I encourage my colleagues to 
support it, and yield back.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Thank you, Mr. Chairman. I move the unanimous 
consent to revise and extend my remarks and put my complete 
statement in the record.
    Chairman Sensenbrenner. Without objection.
    Mr. Scott. And I would like to thank Chairman Coble for his 
remarks and his cooperation, and yours, Mr. Chairman.
    Mr. Chairman, society pays dearly for ignoring prison rape. 
Inmates, often nonviolent first-time offenders come out of the 
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. The high 
incidents of prison rape within prisons also leads to an 
increased transmission of HIV/AIDS, hepatitis and other 
diseases outside the prison, which in turn impose threats and 
cost to society.
    In 1994 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, and so failure to take reasonable measures to 
guarantee safety of inmates exposes local, State and Federal 
facilities to lawsuits.
    Mr. Chairman, prison rape is nothing short of prison 
torture. Long after bodies have healed, emotional trauma and 
stigma of brutal and repeated prison rape lasts and embitters. 
Whatever their crimes, there should be a moral imperative to 
reduce the incidents of prison rape.
    Mr. Chairman, I would like to thank the chief patron of the 
legislation, my colleague from Virginia, Frank Wolf, Michael 
Horowitz and Vinny Sheraldi, who are leading an amazing 
coalition of supporters of the legislation and many others for 
their support, and I yield back the balance of my time.
    [The statement of Mr. Scott follows:]
 Prepared Statement of the Honorable Robert C. Scott, a Representative 
                 in Congress From the State of Virginia
    Thank you, Mr. Chairman, for holding this markup on the Prison Rape 
Elimination Act. And I want to express my appreciation to you, along 
with Chairman Coble, for assuring expeditious development and movement 
of this bill. Your staff has worked hard, and on a bi-partisan basis, 
with a bi-cameral group of members and a diverse coalition of 
organizations, to develop a bill we could all strongly support. I look 
forward to working with you to get the bill quickly through the House 
and to the Senate where I believe it will receive expeditious 
consideration and passage, as well.
    Prison rape has been shown to have a devastating impact on its 
victims and ultimately on unsuspecting members of the public who become 
victimized by the rage, sexually transmitted diseases and other 
manifestations of prison rape. Prison rape is recognized as a 
contributing factor to prison homicide, violence against staff, and 
institutional riots. Not only does it cause severe physical and 
psychological trauma to victims; but it 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.
    And 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 this problem 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 also leads to the increased transmission of HIV, 
hepatitis and other diseases outside prison which, in turn, imposes 
threats and costs on all of society.
    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 establishes three programs in the Department of Justice: 
1) A program to conduct an annual statistical study of a significant 
number of federal, state and county prisons and jails on the incidence 
of rape, and conduct public reviews of institution where the rate of 
prison rape is 30% above the national average rate; 2) a clearinghouse 
for complaints of prison rape to assist prevention and prosecution, and 
provide training and assistance to prison and jail officials; and 3) a 
program to provide grants--totaling $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. Federal, 
state and local prisons would be required to adopt these standards to 
qualify for the full range of federal funding available use by prisons, 
including the grants under the bill. Finally, the bill requires prison 
accreditation organizations to examine prison rape prevention practices 
as a critical component of their accreditation reviews.
    Let the record show that this bill is intended to cover all inmates 
in all prisons and jails and to address the problem of inmates who are 
raped by their peers, as well as the equally serious problem of inmates 
who are raped by prison staff and contractors. No detainee, regardless 
of whether he or she is being held on criminal charges or in civil 
detention, shall be excluded from any reports, nor be exempted from the 
protections provided for under any standards related to this 
legislation.
    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.
    This is long overdue legislation. And I would like to thank my 
colleague, Frank Wolf, Chairman of the Commerce, Justice, State 
Appropriations Subcommittee and chief sponsor of this bill, for his 
compassion, leadership and diligence in moving this matter forward. I 
would also like to thank Michael Horowitz and Vinnie Schraldi, the 
leaders of this amazing coalition, for their vision, leadership and 
dedication in bringing this matter to the forefront and keeping it 
going. Thank you Mr. Chairman.

    Chairman Sensenbrenner. Without objection, all Members may 
include opening statements in the record at this point.
    Are there amendments?
    Mr. Watt. Mr. Chairman, I move to strike the word, just to 
ask a question.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    Mr. Watt. I'm wondering from Mr. Coble and Mr. Scott 
whether between now and the floor they might consider changing 
the title of the bill from the Prison Rape Reduction Act of 
2003 to the Prison Rape Prevention Act of 2003? It seems to me 
that----
    Chairman Sensenbrenner. Without objection, the title is 
amended.
    Mr. Watt. Mr. Chairman, there may be some implications 
that----
    Chairman Sensenbrenner. Okay.
    Mr. Watt. I didn't want to make the motion. I just wanted 
them to look at it.
    Chairman Sensenbrenner. Okay. Then we won't amend the title 
at this point in time.
    Are there amendments? If there are no amendments, the 
question is on the subcommittee amendment in the nature of a 
substitute. Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
subcommittee amendment in the nature of a substitute is 
adopted.
    A reporting quorum is present. The question occurs on the 
motion to report the bill H.R. 1707 favorably as amended. Those 
in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is adopted. Without objection, the bill will 
be reported favorably to the House in the form of a single 
amendment in the nature of a substitute. Without objection, the 
Chairman is authorized to move to go to conference pursuant to 
House rules. Without objection, the staff is directed to make 
any technical and conforming changes, and all Members will be 
given 2 days, as provided by House rules, in which to submit 
additional dissenting, supplemental or minority views.
    Mr. Scott. Mr. Chairman?
    Chairman Sensenbrenner. The gentleman from Virginia?
    Mr. Scott. Mr. Chairman, somewhere along the lines in 
response to the gentleman from North Carolina, we intend to 
change the name to Prison Rape Elimination Act, and so that 
would I think achieve his concerns.
    Chairman Sensenbrenner. Duly noted.
    There are two votes, a 15-minute vote and a 5-minute vote 
on two rules on bills to be brought up today. I think it's time 
to go to lunch. When we come back, and I urge the Members to be 
prompt, while we will work on the PTO modernization bill and 
the Committee is recessed until 1:00 p.m.
    [Whereupon, at 11:45 a.m., the Committee recessed, to 
reconvene at 1:00 p.m., the same day.]

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