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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1765 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1765

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2003

    Mr. Wolf (for himself and Mr. Scott of Virginia) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short title.--This Act may be cited as the ``Prison Rape 
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. Prison rape prevention and prosecution grants.
Sec. 7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Model standards for acute post-trauma treatment.
Sec. 10. Requirement that accreditation organizations adopt 
                            accreditation standards.
Sec. 11. Designation of grant programs for funding increases; 
                            adjustments to increases.
Sec. 12. 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 in which the incidence 
        of prison rape exceeds the median by 30 percent whose officials 
        refuse to explain their policies and practices regarding sexual 
        assault and States that do not adopt carefully selected grant 
        performance 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) Sampling techniques.--The 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.
            (3) Surveys.--In carrying out the review required by this 
        subsection, 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.
            (4) Failure to participate.--If, after receiving a request 
        from the Bureau under subparagraph (a)(2), a State of local 
        official or facility administrator declines to participate in 
        the national survey or prohibits access to any inmates under 
        their legal custody, the entity represented by that official, 
        or any jurisdiction to which the facility is subject, shall not 
        be entitled in any funding increases under section 4, 
        subsections (b)(3)(C) or (f).
    (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 Bureau, 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 each entity identified in a 
                report under clause (ii) or (iii) of subsection 
                (c)(2)(B). 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.
                    (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 
                        and the head of the prison system encompassing 
                        such prison, who bear responsibility for the 
                        prevention, detection, and punishment of prison 
                        rape at each entity.
                            (ii) Victims.--The Panel may request the 
                        testimony of prison rape victims, organizations 
                        representing such victims, and other 
                        appropriate individuals and organizations.
                    (C) Funding increase after testimony.--If, after 
                receiving a request by the Panel under subparagraph 
                (B)(i), a State or local official from an entity 
                identified in a report under clause (ii) or (iii) of 
                subsection (c)(2)(B) testifies at a reasonably 
                designated time, the proportional share of the total 
                Federal funds of the grant programs designated under 
                section 11 provided to the entity represented by the 
                official shall be increased by 10 percent in the fiscal 
                year following the fiscal year in which the official 
                testifies. No entity shall receive an increase in its 
                proportional share of more than 10 percent under this 
                subsection. This increase shall be in addition to any 
                other increase provided under this Act.
    (c) Reports.--
            (1) In general.--Not later than March 30 of each year, the 
        Bureau shall submit a report on the activities of the Bureau 
        (including the Review Panel), with respect to prison rape, for 
        the preceding calendar year to--
                    (A) Congress;
                    (B) the Attorney General; and
                    (C) 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; and
                    (B) with respect to the incidence of prison rape--
                            (i) statistical data aggregated at the 
                        Federal, State, prison system, and prison 
                        levels;
                            (ii) an identification of the Federal 
                        Government, if applicable, and each State and 
                        local government (and each prison system and 
                        institution in the representative sample) where 
                        the incidence of prison rape  exceeds the 
national median level by not less than 30 percent; and
                            (iii) an identification of jail and police 
                        lockup systems in the representative sample 
                        where the incidence of prison rape is 
                        significantly avoidable.
            (3) Data adjustments.--In preparing the information 
        specified in paragraph (2), the Bureau shall, not later than 
        the second year in which surveys are conducted under this Act, 
        use established statistical methods to adjust the data as 
        necessary to account for exogenous factors, outside of the 
        control of the State, prison system, or prison, which have 
        demonstrably contributed to the incidence of prison rape. For 
        each such adjustment made, the Bureau shall identify and 
        explain such adjustment in the report.
    (d) Contracts and Grants.--In carrying out its duties under this 
section, the Bureau may--
            (1) contract with the National Research Council of the 
        National Academy of Science;
            (2) provide grants for research through the National 
        Science Foundation or the National Institute of Justice; and
            (3) contract with or provide grants to any other entity the 
        Bureau deems appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each fiscal year to carry out the purposes 
of this section, which shall remain available until expended.
    (f) Funding Increase.--The proportional share of the total Federal 
funds of the grant programs designated under section 11 provided to any 
Federal, State, or local government or prison system and institution 
that is not identified in a report under clause (ii) or (iii) of 
subsection (c)(2)(B) shall be increased by 10 percent in the fiscal 
year following the fiscal year in which the report is issued. This 
increase shall be in addition to any other increase provided under this 
Act.

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 February 15 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 fiscal year to carry out the purposes 
of this section, which shall remain available until expended.

SEC. 6. PRISON RAPE PREVENTION AND PROSECUTION GRANTS.

    (a) Enhanced Response to Prison Rape Grants.--
            (1) Grants authorized.--The Attorney General shall make 1-
        year grants to States, units of local government, prisons, and 
        prison systems.
            (2) Use of funds.--Grants awarded under paragraph (1) shall 
        only be used to--
                    (A) undertake more effective efforts to prevent 
                prison rape;
                    (B) investigate such incidents; and
                    (C) punish the perpetrators.
            (3) Matching requirement.--The Federal financial assistance 
        provided under this subsection may not exceed 50 percent of the 
        total costs of the program being funded.
            (4) Maximum amount.--The Attorney General shall not award a 
        grant under this subsection in an amount which exceeds 
        $1,000,000.
            (5) Applications.--
                    (A) In general.--To request a grant under this 
                subsection, the chief executive of a State or unit of 
                local government 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.
                    (B) Contents.--Each application required by 
                subparagraph (A) shall--
                            (i) include the certification of the chief 
                        executive that the State receiving such grant 
                        (or the State encompassing the unit of local 
                        government receiving such grant) has adopted 
                        all national prison rape standards that have 
                        been promulgated under this Act; and
                            (ii) specify with particularity the 
                        additional preventative, prosecutorial, or 
                        administrative actions to be taken by the State 
                        or unit of local government to prevent prison 
                        rape and to respond to incidents of prison rape 
                        that occur.
            (6) Report by grantee.--
                    (A) In general.--The Attorney General shall require 
                each grantee to submit, not later than December 31 of 
                the year following the receipt of a grant under this 
                section--
                            (i) a report on the activities carried out 
                        with grant amounts during the preceding Federal 
                        fiscal year; and
                            (ii) an evaluation of the impact of such 
                        activities on the incidence of prison rape and 
the grantee's response to such incidents.
                    (B) Dissemination.--The Attorney General shall 
                provide a copy of each report submitted under 
                subparagraph (A) to the National Prison Rape Reduction 
                Commission until such Commission is terminated.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $40,000,000 for each fiscal year to fund the grants 
authorized under subsection (a), which shall remain available until 
expended.

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 completed 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 completed not later than 60 days after the date on 
        which the vacancy occurred.
    (c) Operation.--
            (1) Chairperson.--
                    (A) Appointment.--Not later than 15 days after the 
                initial appointment of the members is completed, the 
                President, the Speaker of the House of Representatives, 
                and the majority leader of the Senate shall jointly 
                appoint a chairperson for the Commission from among the 
                members of the Commission.
                    (B) Majority vote.--If the designation of a 
                chairperson does not occur by the date specified in 
                subparagraph (A), the chairperson shall be appointed by 
                the majority vote of the President, the Speaker and 
                minority leader of the House of Representatives, and 
                the majority leader and minority leader of the Senate.
            (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.--Each member of the Commission shall have 1 
        vote. 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 incidences 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 24 months 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 Committees on the Judiciary of the 
                        Senate and the House of Representatives;
                            (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 due to prison rape;
                    (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 incidences 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) Hearings.--
            (1) In general.--The Commission shall hold public hearings. 
        The Commission may hold such hearings, sit and act at such 
        times and places, administer such oaths, 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.
    (g) 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.
    (h) 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.
    (i) Contracts for Research.--
            (1) National research council.--With a \2/3\ affirmative 
        vote, the Commission may select non-governmental researchers 
        and experts to assist the Commission in carrying out its duties 
        under this Act. The National Research Council of the National 
        Academy of Sciences 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.
    (j) 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.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to the National Academy of Sciences such sums as may be 
necessary to carry out the purposes of this section. Any sums 
appropriated shall remain available, without fiscal year limitation, 
until expended.
    (l) 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.
    (m) 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) In general.--Not later than 180 days after receiving 
        the report required under section 7(d)(3) from the National 
        Prison Rape Reduction Commission, the Attorney General shall 
        publish a notice of proposed rulemaking for the adoption of 
        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) Final rule.--Not later than 1 year after receiving the 
        report specified in paragraph (1), the Attorney General shall 
        publish a final rule adopting national standards for the 
detection, prevention, reduction, and punishment of prison rape.
            (5) Transmission to states.--Upon publishing the final rule 
        under paragraph (4), the Attorney General shall transmit the 
        national standards adopted under such paragraph to the chief 
        executive of each State and the head of the department of 
        corrections of each State.
    (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) Funding Increase.--The proportional share of the total Federal 
funds of the grant programs designated under section 11 provided to a 
State shall be increased by 10 percent in the 2 fiscal years following 
the fiscal year in which the State enacts a statute that expressly 
adopts the national standards received by the State under subsection 
(a)(5), as applicable to that State. This increase shall be in addition 
to any other increase provided under this Act.
    (d) Certification.--(1) Each State which adopts the national 
standards pursuant to section 8(c)(1) hereof shall, every two years, 
obtain, from an accreditation organization that is in compliance with 
section 10 of this Act, a certification that the State is in compliance 
with the national standards and in particular has adopted a system that 
is adequate and effective to ensure compliance with the section 
7(e)(2)(K) standards regarding the confidentiality of prison rape 
complaints, protection of complainants from retaliation, and impartial 
resolution of prison rape complaints.
    (2) The proportional share of the total Federal funds of the grant 
programs designated under section 11 provided to a State shall be 
increased by 10 percent for the 2 fiscal years following the fiscal 
year in which the State achieves a certification under paragraph (1). 
This increase shall be in addition to any other increase provided under 
this Act, except it shall not be provided in addition to any increase 
under subsection (c) of this section.

SEC. 9. MODEL STANDARDS FOR ACUTE POST-TRAUMA TREATMENT.

    (a) Review of Model Programs and Protocols.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of Health and 
Human Services, in consultation with the Attorney General, shall 
complete a review of model programs and protocols for the response to 
and treatment of acute trauma for male and female rape victims within 
prisons and jails.
    (b) Model Standards.--
            (1) In general.--Upon completion of the review required by 
        subsection (a), the Secretary shall establish model standards 
        relating to--
                    (A) the preservation of physical and testimonial 
                evidence for use in an investigation of the 
                circumstances relating to the rape;
                    (B) the manner and extent of physical examination 
                and treatment to be provided to any rape victim;
                    (C) the manner and extent of any psychological 
                examination, psychiatric care (including, if 
                appropriate, medication), and mental health counseling 
                to be provided to any rape victim;
                    (D) the preservation of the confidentiality of 
                information relating to prison rape victims; and
                    (E) the production and dissemination within a 
                prison system of model response protocols and programs 
                for the treatment of, investigation of, and response to 
                prison rape.
            (2) Limitation.--The Secretary shall not establish a model 
        standard that would impose substantial additional costs 
        compared to the costs presently expended by Federal, State, and 
        local prison authorities.
    (c) Summary.--
            (1) In general.--Upon completion of the review required by 
        subsection (a) and the establishment of model standards 
        required by subsection (b), the Secretary shall submit a 
        summary of the results of the review and the model standards to 
        the National Prison Rape Reduction Commission.
            (2) Contents.--The summary shall include, for each model 
        standard, the estimated costs for implementation of such 
        standard and the basis for such estimates.

SEC. 10. 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 benefit from any 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. 11. DESIGNATION OF GRANT PROGRAMS FOR FUNDING INCREASES; 
              ADJUSTMENTS TO INCREASES.

    (a) Designation of Grant Programs.--Not later than 120 days after 
the date of enactment of this Act, and on a fixed date each year 
thereafter, the Attorney General shall designate and publish a list of 
formula grant programs that, in combination, aggregate no less than 
$1,000,000,000 and no more than $3,000,000,000 in annual Federal 
appropriations, which programs are most related to the failure to abate 
prison rape.
    (b) Cap on Increases.--For any formula grant program identified 
under subsection (a), the total dollar amount of any increase in the 
grant provided to any State or other entity under this Act shall not 
exceed 10 percent of the total Federal funds available under such grant 
program.
    (c) Source of Funds for Increases.--For any increased grants 
provided under this Act to any entity under any grant program 
designated pursuant to subsection (a), the increased grant shall be 
provided first by funds redistributed from all grants under the program 
to entities that are not entitled to any increases under this Act, 
except that no grant shall be reduced by more than 20 percent of the 
total grant funds that otherwise would have been awarded, and second by 
funds redistributed from all other grants under the program.
    (d) Effective Date of Increase.--The programs designated under 
subsection (a) shall be subject to increases under this Act in the 
first fiscal year that commences after the date the Attorney General 
designates such programs.

SEC. 12. 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.
                                 <all>
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