    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 972]]

    Public Law 108-79
    108th Congress

    An Act

    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. [NOTE: Sept. 4, 2003 -  [S. 1435]]

    Be it enacted by the Senate and House of Representatives of
    the [NOTE: Prison Rape Elimination Act of 2003.] United States of
    America in Congress assembled,

    SECTION 1. [NOTE: 45 USC 15601 note.] SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Prison Rape
    Elimination Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Findings.
    Sec. 3. Purposes.
    Sec. 4. National prison rape statistics, data, and research.
    Sec. 5. Prison rape prevention and prosecution.
    Sec. 6. Grants to protect inmates and safeguard communities.
    Sec. 7. National Prison Rape Reduction Commission.
    Sec. 8. Adoption and effect of national standards.
    Sec. 9. Requirement that accreditation organizations adopt accreditation
    standards.
    Sec. 10. Definitions.

    SEC. 2. [NOTE: 42 USC 15601.] 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

    [[Page 973]]

    117 STAT. 973

    assaulted in adult rather than juvenile facilities--often within
    the first 48 hours of incarceration.
    (5) Most prison staff are not adequately trained or prepared
    to prevent, report, or treat inmate sexual assaults.
    (6) Prison rape often goes unreported, and inmate victims
    often receive inadequate treatment for the severe physical and
    psychological effects of sexual assault--if they receive
    treatment at all.
    (7) HIV and AIDS are major public health problems within
    America's correctional facilities. In 2000, 25,088 inmates in
    Federal and State prisons were known to be infected with HIV/
    AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of all
    deaths in Federal and State prisons. Infection rates for other
    sexually transmitted diseases, tuberculosis, and hepatitis B and
    C are also far greater for prisoners than for the American
    population as a whole. Prison rape undermines the public health
    by contributing to the spread of these diseases, and often
    giving a potential death sentence to its victims.
    (8) Prison rape endangers the public safety by making
    brutalized inmates more likely to commit crimes when they are
    released--as 600,000 inmates are each year.
    (9) The frequently interracial character of prison sexual
    assaults significantly exacerbates interracial tensions, both
    within prison and, upon release of perpetrators and victims from
    prison, in the community at large.
    (10) Prison rape increases the level of homicides and other
    violence against inmates and staff, and the risk of
    insurrections and riots.
    (11) Victims of prison rape suffer severe physical and
    psychological effects that hinder their ability to integrate
    into the community and maintain stable employment upon their
    release from prison. They are thus more likely to become
    homeless and/or require government assistance.
    (12) Members of the public and government officials are
    largely unaware of the epidemic character of prison rape and the
    day-to-day horror experienced by victimized inmates.
    (13) The high incidence of sexual assault within prisons
    involves actual and potential violations of the United States
    Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the
    Supreme Court ruled that deliberate indifference to the
    substantial risk of sexual assault violates prisoners' rights
    under the Cruel and Unusual Punishments Clause of the Eighth
    Amendment. The Eighth Amendment rights of State and local
    prisoners are protected through the Due Process Clause of the
    Fourteenth Amendment. Pursuant to the power of Congress under
    Section Five of the Fourteenth Amendment, Congress may take
    action to enforce those rights in States where officials have
    demonstrated such indifference. States that do not take basic
    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,

    [[Page 974]]

    117 STAT. 974

    maintenance, and operation; race relations; poverty;
    unemployment and homelessness. The effectiveness and efficiency
    of these federally funded grant programs are compromised by the
    failure of State officials to adopt policies and procedures 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. [NOTE: 42 USC 15602.] 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;

    [[Page 975]]

    117 STAT. 975]]

    (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. [NOTE: 42 USC 15603.] NATIONAL PRISON RAPE STATISTICS, DATA,
    AND RESEARCH.

    (a) Annual Comprehensive Statistical Review.--
    (1) In general.--The Bureau of Justice Statistics of the
    Department of Justice (in this section referred to as the
    ``Bureau'') shall carry out, for each calendar year, a
    comprehensive statistical review and analysis of the incidence
    and effects of prison rape. The statistical review and analysis
    shall include, but not be limited to the identification of the
    common characteristics of--
    (A) both victims and perpetrators of prison rape;
    and
    (B) prisons and prison systems with a high incidence
    of prison rape.
    (2) Considerations.--In carrying out paragraph (1), the
    Bureau shall consider--
    (A) how rape should be defined for the purposes of
    the statistical review and analysis;
    (B) how the Bureau should collect information about
    staff-on-inmate sexual assault;
    (C) how the Bureau should collect information beyond
    inmate self-reports of prison rape;
    (D) how the Bureau should adjust the data in order
    to account for differences among prisons as required by
    subsection (c)(3);
    (E) the categorization of prisons as required by
    subsection (c)(4); and
    (F) whether a preliminary study of prison rape
    should be conducted to inform the methodology of the
    comprehensive statistical review.
    (3) Solicitation of views.--The Bureau of Justice Statistics
    shall solicit views from representatives of the following: State
    departments of correction; county and municipal jails; juvenile
    correctional facilities; former inmates; victim advocates;
    researchers; and other experts in the area of sexual assault.
    (4) Sampling techniques.--The review and analysis under
    paragraph (1) shall be based on a random sample, or other
    scientifically appropriate sample, of not less than 10 percent
    of all Federal, State, and county prisons, and a representative
    sample of municipal prisons. The selection shall include at
    least one prison from each State. The selection of facilities
    for sampling shall be made at the latest practicable date prior
    to conducting the surveys and shall not be disclosed to any
    facility or prison system official prior to the time period
    studied in the survey. Selection of a facility for sampling
    during any

    [[Page 976]]

    117 STAT. 976

    year shall not preclude its selection for sampling in any
    subsequent year.
    (5) Surveys.--In [NOTE: Confidentiality.] 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

    [[Page 977]]

    117 STAT. 977

    such victims, and other appropriate individuals
    and organizations.
    (C) Subpoenas.--
    (i) Issuance.--The Panel may issue subpoenas
    for the attendance of witnesses and the production
    of written or other matter.
    (ii) Enforcement.--In the case of contumacy or
    refusal to obey a subpoena, the Attorney General
    may in a Federal court of appropriate jurisdiction
    obtain an appropriate order to enforce the
    subpoena.

    (c) Reports.--
    (1) [NOTE: Deadline.] 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 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.

    [[Page 978]]

    117 STAT. 978

    (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. [NOTE: 42 USC 15604.] PRISON RAPE PREVENTION AND PROSECUTION.

    (a) Information and Assistance.--
    (1) [NOTE: Establishment.] 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) [NOTE: Deadline.] 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. [NOTE: 42 USC 15605.]  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;

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    117 STAT. 979

    (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;

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    117 STAT. 980

    (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) [NOTE: Deadline.] 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. [NOTE: 42 USC 15606.] 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) [NOTE: President.] 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

    [[Page 981]]

    117 STAT. 981

    (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) [NOTE: Deadline.] 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) [NOTE: Deadline.] 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) [NOTE: Deadline. President.] 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. [NOTE: Deadline.]  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;

    [[Page 982]]

    117 STAT. 982

    (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) [NOTE: Deadline.] 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;

    [[Page 983]]

    117 STAT. 983

    (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

    [[Page 984]]

    117 STAT. 984

    (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 States 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

    [[Page 985]]
    117 STAT. 985

    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. [NOTE: Deadlines. 42 USC 15607.] 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 operations in one or
    more prisons.

    (b) Applicability to Federal Bureau of Prisons.--The national
    standards referred to in subsection (a) shall apply to the

    [[Page 986]]
    117 STAT. 986

    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) [NOTE: Deadline.] 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) [NOTE: Procedures.] 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.

    [[Page 987]]

    117 STAT. 987

    (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. [NOTE: 42 USC 15608.]  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) [NOTE: Deadlines.] 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. [NOTE: 42 USC 15609.] 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.

    [[Page 988]]

    117 STAT. 988

    (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

    [[Page 989]]

    117 STAT. 989

    (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.

    Approved September 4, 2003.

    LEGISLATIVE HISTORY--S. 1435:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 149 (2003):
    July 21, considered and passed Senate.
    July 25, considered and passed House.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
    Sept. 4, Presidential statement.