IB 

Union Calendar No. 121

108TH CONGRESS 

1ST SESSION H. R. 1707

[Report No. 108–219] 

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 9, 2003

Mr. WOLF (for himself and Mr. SCOTT of Virginia) introduced the following 

bill; which was referred to the Committee on the Judiciary 

JULY 18, 2003

Additional sponsors: Mr. FRANK of Massachusetts, Mr. SANDERS, Mr. BARTLETT of Maryland, Mr. ENGLISH, Mr. MCDERMOTT, Mr. FILNER, Mr. 

GONZALEZ, Mr. RANGEL, Ms. CORRINE BROWN of Florida, Ms. LEE, Mr. 

PITTS, Mr. WEINER, Mr. BURGESS, Mr. GREEN of Wisconsin, Mr. 

SOUDER, Mr. ADERHOLT, Mr. FORBES, Mrs. JO ANN DAVIS of Virginia, 

Mr. CLYBURN, Mr. HOEKSTRA, Mr. RYUN of Kansas, Mr. WELDON of 

Florida, Mrs. MYRICK, Mr. THORNBERRY, Mr. TERRY, Mr. TIAHRT, Mr. 

NADLER, Mr. GOODLATTE, Mr. COBLE, Mr. STRICKLAND, and Mr. COOPER

JULY 18, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 9, 2003] 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Prison Rape Reduction Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 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.

8 SEC. 2. FINDINGS. 

9 Congress makes the following findings: 

10 (1) 2,100,146 persons were incarcerated in the 

11 United States at the end of 2001: 1,324,465 in Fed12 eral and State Prisons and 631,240 in county and 
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1 local jails. In 1999, there were more than 10,000,000 

2 separate admissions to and discharges from prisons 

3 and jails. 

4 (2) Insufficient research has been conducted and 

5 insufficient data reported on the extent of prison 

6 rape. However, experts have conservatively estimated 

7 that at least 13 percent of the inmates in the United 

8 States have been sexually assaulted in prison. Many 

9 inmates have suffered repeated assaults. Under this 

10 estimate, nearly 200,000 inmates now incarcerated 

11 have been or will be the victims of prison rape. The 

12 total number of inmates who have been sexually as13 saulted in the past 20 years likely exceeds 1,000,000. 

14 (3) Inmates with mental illness are at increased 

15 risk of sexual victimization. America’s jails and pris16 ons house more mentally ill individuals than all of 

17 the Nation’s psychiatric hospitals combined. As many 

18 as 16 percent of inmates in state prisons and jails, 

19 and 7 percent of Federal inmates, suffer from mental 

20 illness. 

21 (4) Young first-time offenders are at increased 

22 risk of sexual victimization. Juveniles are 5 times 

23 more likely to be sexually assaulted in adult rather 

24 than juvenile facilities—often within the first 48 

25 hours of incarceration. 
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1 (5) Most prison staff are not adequately trained 

2 or prepared to prevent, report, or treat inmate sexual 

3 assaults. 

4 (6) Prison rape often goes unreported, and in5 mate victims often receive inadequate treatment for 

6 the severe physical and psychological effects of sexual 

7 assault—if they receive treatment at all. 

8 (7) HIV and AIDS are major public health 

9 problems within America’s correctional facilities. In 

10 2000, 25,088 inmates in Federal and State prisons 

11 were known to be infected with HIV/AIDS. In 2000, 

12 HIV/AIDS accounted for more than 6 percent of all 

13 deaths in Federal and State prisons. Infection rates 

14 for other sexually transmitted diseases, tuberculosis, 

15 and hepatitis B and C are also far greater for pris16 oners than for the American population as a whole. 

17 Prison rape undermines the public health by contrib18 uting to the spread of these diseases, and often giving 

19 a potential death sentence to its victims. 

20 (8) Prison rape endangers the public safety by 

21 making brutalized inmates more likely to commit 

22 crimes when they are released—as 600,000 inmates 

23 are each year. 

24 (9) The frequently interracial character of prison 

25 sexual assaults significantly exacerbates interracial 
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1 tensions, both within prison and, upon release of per2 petrators and victims from prison, in the community 

3 at large. 

4 (10) Prison rape increases the level of homicides 

5 and other violence against inmates and staff, and the 

6 risk of insurrections and riots.

7 (11) Victims of prison rape suffer severe physical 

8 and psychological effects that hinder their ability to 

9 integrate into the community and maintain stable 

10 employment upon their release from prison. They are 

11 thus more likely to become homeless and/or require 

12 government assistance. 

13 (12) Members of the public and government offi14 cials are largely unaware of the epidemic character of 

15 prison rape and the day-to-day horror experienced by 

16 victimized inmates. 

17 (13) The high incidence of sexual assault within 

18 prisons involves actual and potential violations of the 

19 United States Constitution. In Farmer v. Brennan, 

20 511 U.S. 825 (1994), the Supreme Court ruled that 

21 deliberate indifference to the substantial risk of sexual 

22 assault violates prisoners’ rights under the Cruel and 

23 Unusual Punishments Clause of the Eighth Amend24 ment. The Eighth Amendment rights of State and 

25 local prisoners are protected through the Due Process 
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1 Clause of the Fourteenth Amendment. Pursuant to 

2 Congress’s power under Section Five of the Fourteenth 

3 Amendment, Congress may take action to enforce 

4 those rights in States where officials have dem5 onstrated such indifference. States that do not take 

6 basic steps to abate prison rape by adopting stand7 ards that do not generate significant additional ex8 penditures demonstrate such indifference. Therefore, 

9 such States are not entitled to the same level of Fed10 eral benefits as other States. 

11 (14) The high incidence of prison rape under12 mines the effectiveness and efficiency of United States 

13 Government expenditures through grant programs 

14 such as those dealing with health care; mental health 

15 care; disease prevention; crime prevention, investiga16 tion, and prosecution; prison construction, mainte17 nance, and operation; race relations; poverty; unem18 ployment and homelessness. The effectiveness and effi19 ciency of these Federally funded grant programs are 

20 compromised by officials’ failure to adopt policies and 

21 procedure that reduce the incidence of prison rape in 

22 that the high incidence of prison rape—

23 (A) increases the costs incurred by Federal, 

24 State, and local jurisdictions to administer their 

25 prison systems; 
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1 (B) increases the levels of violence, directed 

2 at inmates and at staff, within prisons; 

3 (C) increases health care expenditures, both 

4 inside and outside of prison systems, and reduces 

5 the effectiveness of disease prevention programs 

6 by substantially increasing the incidence and 

7 spread of HIV, AIDS, tuberculosis, hepatitis B 

8 and C, and other diseases; 

9 (D) increases mental health care expendi10 tures, both inside and outside of prison systems, 

11 by substantially increasing the rate of post-trau12 matic stress disorder, depression, suicide, and the 

13 exacerbation of existing mental illnesses among 

14 current and former inmates; 

15 (E) increases the risks of recidivism, civil 

16 strife, and violent crime by individuals who have 

17 been brutalized by prison rape; and 

18 (F) increases the level of interracial tensions 

19 and strife within prisons and, upon release of 

20 perpetrators and victims, in the community at 

21 large. 

22 (15) The high incidence of prison rape has a sig23 nificant effect on interstate commerce because it in24 creases substantially—
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1 (A) the costs incurred by Federal, State, 

2 and local jurisdictions to administer their prison 

3 systems; 

4 (B) the incidence and spread of HIV, AIDS, 

5 tuberculosis, hepatitis B and C, and other dis6 eases, contributing to increased health and med7 ical expenditures throughout the Nation; 

8 (C) the rate of post-traumatic stress dis9 order, depression, suicide, and the exacerbation 

10 of existing mental illnesses among current and 

11 former inmates, contributing to increased health 

12 and medical expenditures throughout the Nation; 

13 and 

14 (D) the risk of recidivism, civil strife, and 

15 violent crime by individuals who have been bru16 talized by prison rape. 

17 SEC. 3. PURPOSES. 

18 The purposes of this Act are to—

19 (1) establish a zero-tolerance standard for the in20 cidence of prison rape in prisons in the United 

21 States; 

22 (2) make the prevention of prison rape a top pri23 ority in each prison system; 
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1 (3) develop and implement national standards 

2 for the detection, prevention, reduction, and punish3 ment of prison rape; 

4 (4) increase the available data and information 

5 on the incidence of prison rape, consequently improv6 ing the management and administration of correc7 tional facilities; 

8 (5) standardize the definitions used for collecting 

9 data on the incidence of prison rape; 

10 (6) increase the accountability of prison officials 

11 who fail to detect, prevent, reduce, and punish prison 

12 rape; 

13 (7) protect the Eighth Amendment rights of Fed14 eral, State, and local prisoners; 

15 (8) increase the efficiency and effectiveness of 

16 Federal expenditures through grant programs such as 

17 those dealing with health care; mental health care; 

18 disease prevention; crime prevention, investigation, 

19 and prosecution; prison construction, maintenance, 

20 and operation; race relations; poverty; unemployment; 

21 and homelessness; and 

22 (9) reduce the costs that prison rape imposes on 

23 interstate commerce. 
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1 SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND 

2 RESEARCH. 

3 (a) ANNUAL COMPREHENSIVE STATISTICAL RE4 VIEW.—

5 (1) IN GENERAL.—The Bureau of Justice Statis6 tics of the Department of Justice (in this section re7 ferred to as the ‘‘Bureau’’) shall carry out, for each 

8 calendar year, a comprehensive statistical review and 

9 analysis of the incidence and effects of prison rape. 

10 The statistical review and analysis shall include, but

11 not be limited to the identification of the common 

12 characteristics of—

13 (A) both victims and perpetrators of prison 

14 rape; and 

15 (B) prisons and prison systems with a high 

16 incidence of prison rape. 

17 (2) CONSIDERATIONS.—In carrying out para18 graph (1), the Bureau shall consider the following: 

19 (A) How rape should be defined for the pur20 poses of the statistical review and analysis. 

21 (B) How the Bureau should collect informa22 tion about staff-on-inmate sexual assault. 

23 (C) How the Bureau should collect informa24 tion beyond inmate self-reports of prison rape. 
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1 (D) How the Bureau should adjust the data 

2 in order to account for differences among prisons 

3 as required by subsection (c)(3). 

4 (E) The categorization of prisons as re5 quired by subsection (c)(4). 

6 (F) Whether a preliminary study of prison 

7 rape should be conducted to inform the method8 ology of the comprehensive statistical review. 

9 (3) SOLICITATION OF VIEWS.—The Bureau of 

10 Justice Statistics shall solicit views from representa11 tives of the following: State departments of correction; 

12 county and municipal jails; juvenile correctional fa13 cilities; former inmates; victim advocates; researchers; 

14 and other experts in the area of sexual assault. 

15 (4) SAMPLING TECHNIQUES.—The review and 

16 analysis under paragraph (1) shall be based on a 

17 random sample, or other scientifically appropriate 

18 sample, of not less than 10 percent of all Federal, 

19 State, and county prisons, and a representative sam20 ple of municipal prisons. The selection shall include 

21 at least one prison from each State. The selection of 

22 facilities for sampling shall be made at the latest 

23 practicable date prior to conducting the surveys and 

24 shall not be disclosed to any facility or prison system 

25 official prior to the time period studied in the survey. 
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1 Selection of a facility for sampling during any year 

2 shall not preclude its selection for sampling in any 

3 subsequent year. 

4 (5) SURVEYS.—In carrying out the review and 

5 analysis under paragraph (1), the Bureau shall, in 

6 addition to such other methods as the Bureau con7 siders appropriate, use surveys and other statistical 

8 studies of current and former inmates from a sample 

9 of Federal, State, county, and municipal prisons. The 

10 Bureau shall ensure the confidentiality of each survey 

11 participant. 

12 (6) PARTICIPATION IN SURVEY.—Federal, State, 

13 or local officials or facility administrators that re14 ceive a request from the Bureau under subsection 

15 (a)(4) or (5) will be required to participate in the na16 tional survey and provide access to any inmates 

17 under their legal custody. 

18 (b) REVIEW PANEL ON PRISON RAPE.—

19 (1) ESTABLISHMENT.—To assist the Bureau in 

20 carrying out the review and analysis under subsection 

21 (a), there is established, within the Department of 

22 Justice, the Review Panel on Prison Rape (in this 

23 section referred to as the ‘‘Panel’’). 

24 (2) MEMBERSHIP.—
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1 (A) COMPOSITION.—The Panel shall be 

2 composed of 3 members, each of whom shall be 

3 appointed by the Attorney General, in consulta4 tion with the Secretary of Health and Human 

5 Services. 

6 (B) QUALIFICATIONS.—Members of the 

7 Panel shall be selected from among individuals 

8 with knowledge or expertise in matters to be 

9 studied by the Panel. 

10 (3) PUBLIC HEARINGS.—

11 (A) IN GENERAL.—The duty of the Panel 

12 shall be to carry out, for each calendar year, 

13 public hearings concerning the operation of the 

14 three prisons with the highest incidence of prison 

15 rape and the two prisons with the lowest inci16 dence of prison rape in each category of facilities 

17 identified under subsection (c)(4). The Panel 

18 shall hold a separate hearing regarding the three 

19 Federal or State prisons with the highest inci20 dence of prison rape. The purpose of these hear21 ings shall be to collect evidence to aid in the 

22 identification of common characteristics of both 

23 victims and perpetrators of prison rape, and the 

24 identification of common characteristics of pris25 ons and prison systems with a high incidence of 
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1 prison rape, and the identification of common 

2 characteristics of prisons and prison systems 

3 that appear to have been successful in deterring 

4 prison rape. 

5 (B) TESTIMONY AT HEARINGS.—

6 (i) PUBLIC OFFICIALS.—In carrying 

7 out the hearings required under subpara8 graph (A), the Panel shall request the public 

9 testimony of Federal, State, and local offi10 cials (and organizations that represent such 

11 officials), including the warden or director 

12 of each prison, who bears responsibility for 

13 the prevention, detection, and punishment 

14 of prison rape at each entity, and the head 

15 of the prison system encompassing such 

16 prison. 

17 (ii) VICTIMS.—The Panel may request 

18 the testimony of prison rape victims, orga19 nizations representing such victims, and 

20 other appropriate individuals and organi21 zations. 

22 (C) SUBPOENAS.—

23 (1) ISSUANCE.—The Panel may issue subpoenas 

24 for the attendance of witnesses and the production of 

25 written or other matter. 
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1 (2) ENFORCEMENT.—In the case of contumacy or 

2 refusal to obey a subpoena, the Attorney General may 

3 in a Federal court of appropriate jurisdiction obtain 

4 an appropriate order to enforce the subpoena. 

5 (c) REPORTS.—

6 (1) IN GENERAL.—Not later than June 30 of 

7 each year, the Attorney General shall submit a report 

8 on the activities of the Bureau and the Review Panel, 

9 with respect to prison rape, for the preceding cal10 endar year to—

11 (A) Congress; and

12 (B) the Secretary of Health and Human 

13 Services. 

14 (2) CONTENTS.—The report required under 

15 paragraph (1) shall include—

16 (A) with respect to the effects of prison rape, 

17 statistical, sociological, and psychological data; 

18 (B) with respect to the incidence of prison 

19 rape—

20 (i) statistical data aggregated at the 

21 Federal, State, prison system, and prison 

22 levels; 

23 (ii) a listing of those institutions in 

24 the representative sample, separated into 

25 each category identified under subsection 
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1 (c)(4) and ranked according to the incidence 

2 of prison rape in each institution; and 

3 (iii) an identification of those institu4 tions in the representative sample that ap5 pear to have been successful in deterring 

6 prison rape; and 

7 (C) a listing of any prisons in the rep8 resentative sample that did not cooperate with 

9 the survey conducted pursuant to section 4. 

10 (3) DATA ADJUSTMENTS.—In preparing the in11 formation specified in paragraph (2), the Attorney 

12 General shall use established statistical methods to ad13 just the data as necessary to account for differences 

14 among institutions in the representative sample, 

15 which are not related to the detection, prevention, re16 duction and punishment of prison rape, or which are 

17 outside the control of the of the State, prison, or pris18 on system, in order to provide an accurate compari19 son among prisons. Such differences may include the 

20 mission, security level, size, and jurisdiction under 

21 which the prison operates. For each such adjustment 

22 made, the Attorney General shall identify and explain 

23 such adjustment in the report. 

24 (4) CATEGORIZATION OF PRISONS.—The report 

25 shall divide the prisons surveyed into three categories. 
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1 One category shall be composed of all Federal and 

2 State prisons. The other two categories shall be de3 fined by the Attorney General in order to compare 

4 similar institutions. 

5 (d) CONTRACTS AND GRANTS.—In carrying out its du6 ties under this section, the Attorney General may—

7 (1) provide grants for research through the Na8 tional Institute of Justice; and 

9 (2) contract with or provide grants to any other 

10 entity the Attorney General deems appropriate. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated $15,000,000 for each of fiscal 

13 years 2004 through 2010 to carry out this section. 

14 SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION. 

15 (a) INFORMATION AND ASSISTANCE.—

16 (1) NATIONAL CLEARINGHOUSE.—There is estab17 lished within the National Institute of Corrections a 

18 national clearinghouse for the provision of informa19 tion and assistance to Federal, State, and local au20 thorities responsible for the prevention, investigation, 

21 and punishment of instances of prison rape. 

22 (2) TRAINING AND EDUCATION.—The National 

23 Institute of Corrections shall conduct periodic train24 ing and education programs for Federal, State, and 
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1 local authorities responsible for the prevention, inves2 tigation, and punishment of instances of prison rape. 

3 (b) REPORTS.—

4 (1) IN GENERAL.—Not later than September 30 

5 of each year, the National Institute of Corrections 

6 shall submit a report to Congress and the Secretary 

7 of Health and Human Services. This report shall be 

8 available to the Director of the Bureau of Justice Sta9 tistics. 

10 (2) CONTENTS.—The report required under 

11 paragraph (1) shall summarize the activities of the 

12 Department of Justice regarding prison rape abate13 ment for the preceding calendar year. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated $5,000,000 for each of fiscal 

16 years 2004 through 2010 to carry out this section. 

17 SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD 

18 COMMUNITIES. 

19 (a) GRANTS AUTHORIZED.—From amounts made 

20 available for grants under this section, the Attorney General 

21 shall make grants to States to assist those States in ensur22 ing that budgetary circumstances (such as reduced State 

23 and local spending on prisons) do not compromise efforts 

24 to protect inmates (particularly from prison rape) and to 

25 safeguard the communities to which inmates return. The 
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1 purpose of grants under this section shall be to provide 

2 funds for personnel, training, technical assistance, data col3 lection, and equipment to prevent and prosecute prisoner 

4 rape. 

5 (b) USE OF GRANT AMOUNTS.—Amounts received by 

6 a grantee under this section may be used by the grantee, 

7 directly or through subgrants, only for one or more of the 

8 following activities: 

9 (1) PROTECTING INMATES.—Protecting inmates 

10 by—

11 (A) undertaking efforts to more effectively 

12 prevent prison rape; 

13 (B) investigating incidents of prison rape; 

14 or 

15 (C) prosecuting incidents of prison rape. 

16 (2) SAFEGUARDING COMMUNITIES.—Safe17 guarding communities by—

18 (A) making available, to officials of State 

19 and local governments who are considering re20 ductions to prison budgets, training and tech21 nical assistance in successful methods for moder22 ating the growth of prison populations without 

23 compromising public safety, including successful 

24 methods used by other jurisdictions; 
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1 (B) developing and utilizing analyses of 

2 prison populations and risk assessment instru3 ments that will improve State and local govern4 ments’ understanding of risks to the community 

5 regarding release of inmates in the prison popu6 lation; 

7 (C) preparing maps demonstrating the con8 centration, on a community-by-community basis, 

9 of inmates who have been released, to facilitate 

10 the efficient and effective—

11 (i) deployment of law enforcement re12 sources (including probation and parole re13 sources); and 

14 (ii) delivery of services (such as job 

15 training and substance abuse treatment) to 

16 those released inmates; 

17 (D) promoting collaborative efforts, among 

18 officials of State and local governments and 

19 leaders of appropriate communities, to under20 stand and address the effects on a community of 

21 the presence of a disproportionate number of re22 leased inmates in that community; or 

23 (E) developing policies and programs that 

24 reduce spending on prisons by effectively reduc-
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1 ing rates of parole and probation revocation 

2 without compromising public safety. 

3 (c) GRANT REQUIREMENTS.—

4 (1) PERIOD.—A grant under this section shall be 

5 made for a period of not more than 2 years. 

6 (2) MAXIMUM.—The amount of a grant under 

7 this section may not exceed $1,000,000. 

8 (3) MATCHING.—The Federal share of a grant 

9 under this section may not exceed 50 percent of the 

10 total costs of the project described in the application 

11 submitted under subsection (d) for the fiscal year for 

12 which the grant was made under this section. 

13 (d) APPLICATIONS.—

14 (1) IN GENERAL.—To request a grant under this 

15 section, the chief executive of a State shall submit an 

16 application to the Attorney General at such time, in 

17 such manner, and accompanied by such information 

18 as the Attorney General may require. 

19 (2) CONTENTS.—Each application required by 

20 paragraph (1) shall—

21 (A) include the certification of the chief ex22 ecutive that the State receiving such grant—

23 (i) has adopted all national prison 

24 rape standards that, as of the date on which 
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1 the application was submitted, have been 

2 promulgated under this Act; and 

3 (ii) will consider adopting all national 

4 prison rape standards that are promulgated 

5 under this Act after such date; 

6 (B) specify with particularity the preventa7 tive, prosecutorial, or administrative activities to 

8 be undertaken by the State with the amounts re9 ceived under the grant; and 

10 (C) in the case of an application for a 

11 grant for one or more activities specified in 

12 paragraph (2) of subsection (b)—

13 (i) review the extent of the budgetary 

14 circumstances affecting the State generally 

15 and describe how those circumstances relate 

16 to the State’s prisons; 

17 (ii) describe the rate of growth of the 

18 State’s prison population over the preceding 

19 10 years and explain why the State may 

20 have difficulty sustaining that rate of 

21 growth; and 

22 (iii) explain the extent to which offi23 cials (including law enforcement officials) of 

24 State and local governments and victims of 

25 crime will be consulted regarding decisions 
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1 whether, or how, to moderate the growth of 

2 the State’s prison population. 

3 (e) REPORTS BY GRANTEE.—

4 (1) IN GENERAL.—The Attorney General shall 

5 require each grantee to submit, not later than 90 days 

6 after the end of the period for which the grant was 

7 made under this section, a report on the activities 

8 carried out under the grant. The report shall identify 

9 and describe those activities and shall contain an 

10 evaluation of the effect of those activities on—

11 (A) the number of incidents of prison rape, 

12 and the grantee’s response to such incidents; and 

13 (B) the safety of the prisons, and the safety 

14 of the communities in which released inmates are 

15 present. 

16 (2) DISSEMINATION.—The Attorney General 

17 shall ensure that each report submitted under para18 graph (1) is made available under the national clear19 inghouse established under section 5. 

20 (f) STATE DEFINED.—In this section, the term ‘‘State’’ 

21 includes the District of Columbia, the Commonwealth of 

22 Puerto Rico, and any other territory or possession of the 

23 United States. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be ap2 propriated for grants under this section $40,000,000 

3 for each of fiscal years 2004 through 2010. 

4 (2) LIMITATION.—Of amounts made available 

5 for grants under this section, not less than 50 percent 

6 shall be available only for activities specified in para7 graph (1) of subsection (b). 

8 SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION. 

9 (a) ESTABLISHMENT.—There is established a commis10 sion to be known as the National Prison Rape Reduction 

11 Commission (in this section referred to as the ‘‘Commis12 sion’’). 

13 (b) MEMBERS.—

14 (1) IN GENERAL.—The Commission shall be com15 posed of 9 members, of whom—

16 (A) 3 shall be appointed by the President; 

17 (B) 2 shall be appointed by the Speaker of 

18 the House of Representatives, unless the Speaker 

19 is of the same party as the President, in which 

20 case 1 shall be appointed by the Speaker of the 

21 House of Representatives and 1 shall be ap22 pointed by the minority leader of the House of 

23 Representatives; 

24 (C) 1 shall be appointed by the minority 

25 leader of the House of Representatives (in addi-
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1 tion to any appointment made under subpara2 graph (B)); 

3 (D) 2 shall be appointed by the majority 

4 leader of the Senate, unless the majority leader 

5 is of the same party as the President, in which 

6 case 1 shall be appointed by the majority leader 

7 of the Senate and 1 shall be appointed by the 

8 minority leader of the Senate; and

9 (E) 1 member appointed by the minority 

10 leader of the Senate (in addition to any appoint11 ment made under subparagraph (D)). 

12 (2) PERSONS ELIGIBLE.—Each member of the 

13 Commission shall be an individual who has knowl14 edge or expertise in matters to be studied by the Com15 mission. 

16 (3) CONSULTATION REQUIRED.—The President, 

17 the Speaker and minority leader of the House of Rep18 resentatives, and the majority leader and minority 

19 leader of the Senate shall consult with one another 

20 prior to the appointment of the members of the Com21 mission to achieve, to the maximum extent possible, 

22 fair and equitable representation of various points of 

23 view with respect to the matters to be studied by the 

24 Commission. 
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1 (4) TERM.—Each member shall be appointed for 

2 the life of the Commission. 

3 (5) TIME FOR INITIAL APPOINTMENTS.—The ap4 pointment of the members shall be made not later 

5 than 60 days after the date of enactment of this Act. 

6 (6) VACANCIES.—A vacancy in the Commission 

7 shall be filled in the manner in which the original 

8 appointment was made, and shall be made not later 

9 than 60 days after the date on which the vacancy oc10 curred. 

11 (c) OPERATION.—

12 (1) CHAIRPERSON.—Not later than 15 days after 

13 appointments of all the members are made, the Presi14 dent shall appoint a chairperson for the Commission 

15 from among its members. 

16 (2) MEETINGS.—The Commission shall meet at 

17 the call of the chairperson. The initial meeting of the 

18 Commission shall take place not later than 30 days 

19 after the initial appointment of the members is com20 pleted. 

21 (3) QUORUM.—A majority of the members of the 

22 Commission shall constitute a quorum to conduct 

23 business, but the Commission may establish a lesser 

24 quorum for conducting hearings scheduled by the 

25 Commission. 
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1 (4) RULES.—The Commission may establish by 

2 majority vote any other rules for the conduct of Com3 mission business, if such rules are not inconsistent 

4 with this Act or other applicable law. 

5 (d) COMPREHENSIVE STUDY OF THE IMPACTS OF

6 PRISON RAPE.—

7 (1) IN GENERAL.—The Commission shall carry 

8 out a comprehensive legal and factual study of the 

9 penalogical, physical, mental, medical, social, and 

10 economic impacts of prison rape in the United States 

11 on—

12 (A) Federal, State, and local governments; 

13 and 

14 (B) communities and social institutions 

15 generally, including individuals, families, and 

16 businesses within such communities and social 

17 institutions. 

18 (2) MATTERS INCLUDED.—The study under 

19 paragraph (1) shall include—

20 (A) a review of existing Federal, State, and 

21 local government policies and practices with re22 spect to the prevention, detection, and punish23 ment of prison rape; 

24 (B) an assessment of the relationship be25 tween prison rape and prison conditions, and of 
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1 existing monitoring, regulatory, and enforcement 

2 practices that are intended to address any such 

3 relationship; 

4 (C) an assessment of pathological or social 

5 causes of prison rape; 

6 (D) an assessment of the extent to which the 

7 incidence of prison rape contributes to the spread 

8 of sexually transmitted diseases and to the trans9 mission of HIV; 

10 (E) an assessment of the characteristics of 

11 inmates most likely to commit prison rape and 

12 the effectiveness of various types of treatment or 

13 programs to reduce such likelihood; 

14 (F) an assessment of the characteristics of 

15 inmates most likely to be victims of prison rape 

16 and the effectiveness of various types of treat17 ment or programs to reduce such likelihood; 

18 (G) an assessment of the impacts of prison 

19 rape on individuals, families, social institutions 

20 and the economy generally, including an assess21 ment of the extent to which the incidence of pris22 on rape contributes to recidivism and to in23 creased incidence of sexual assault; 

24 (H) an examination of the feasibility and 

25 cost of conducting surveillance, undercover ac-
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1 tivities, or both, to reduce the incidence of prison 

2 rape; 

3 (I) an assessment of the safety and security 

4 of prison facilities and the relationship of prison 

5 facility construction and design to the incidence 

6 of prison rape; 

7 (J) an assessment of the feasibility and cost 

8 of any particular proposals for prison reform; 

9 (K) an identification of the need for addi10 tional scientific and social science research on 

11 the prevalence of prison rape in Federal, State, 

12 and local prisons; 

13 (L) an assessment of the general relation14 ship between prison rape and prison violence; 

15 (M) an assessment of the relationship be16 tween prison rape and levels of training, super17 vision, and discipline of prison staff; and 

18 (N) an assessment of existing Federal and 

19 State systems for reporting incidents of prison 

20 rape, including an assessment of whether exist21 ing systems provide an adequate assurance of 

22 confidentiality, impartiality and the absence of 

23 reprisal. 

24 (3) REPORT.—
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1 (A) DISTRIBUTION.—Not later than 2 years 

2 after the date of the initial meeting of the Com3 mission, the Commission shall submit a report 

4 on the study carried out under this subsection 

5 to—

6 (i) the President; 

7 (ii) the Congress;

8 (iii) the Attorney General; 

9 (iv) the Secretary of Health and 

10 Human Services; 

11 (v) the Director of the Federal Bureau 

12 of Prisons; 

13 (vi) the chief executive of each State; 

14 and 

15 (vii) the head of the department of cor16 rections of each State. 

17 (B) CONTENTS.—The report under subpara18 graph (A) shall include—

19 (i) the findings and conclusions of the 

20 Commission; 

21 (ii) recommended national standards 

22 for reducing prison rape; 

23 (iii) recommended protocols for pre24 serving evidence and treating victims of 

25 prison rape; and 
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1 (iv) a summary of the materials relied 

2 on by the Commission in the preparation of 

3 the report. 

4 (e) RECOMMENDATIONS.—

5 (1) IN GENERAL.—In conjunction with the re6 port submitted under subsection (d)(3), the Commis7 sion shall provide the Attorney General and the Sec8 retary of Health and Human Services with rec9 ommended national standards for enhancing the de10 tection, prevention, reduction, and punishment of 

11 prison rape. 

12 (2) MATTERS INCLUDED.—The information pro13 vided under paragraph (1) shall include recommended 

14 national standards relating to—

15 (A) the classification and assignment of 

16 prisoners, using proven standardized instru17 ments and protocols, in a manner that limits the 

18 occurrence of prison rape; 

19 (B) the investigation and resolution of rape 

20 complaints by responsible prison authorities, 

21 local and State police, and Federal and State 

22 prosecution authorities; 

23 (C) the preservation of physical and testi24 monial evidence for use in an investigation of 

25 the circumstances relating to the rape; 
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1 (D) acute-term trauma care for rape vic2 tims, including standards relating to—

3 (i) the manner and extent of physical 

4 examination and treatment to be provided 

5 to any rape victim; and 

6 (ii) the manner and extent of any psy7 chological examination, psychiatric care, 

8 medication, and mental health counseling to 

9 be provided to any rape victim; 

10 (E) referrals for long-term continuity of 

11 care for rape victims; 

12 (F) educational and medical testing meas13 ures for reducing the incidence of HIV trans14 mission due to prison rape; 

15 (G) post-rape prophylactic medical meas16 ures for reducing the incidence of transmission of 

17 sexual diseases; 

18 (H) the training of correctional staff suffi19 cient to ensure that they understand and appre20 ciate the significance of prison rape and the ne21 cessity of its eradication; 

22 (I) the timely and comprehensive investiga23 tion of staff sexual misconduct involving rape or 

24 other sexual assault on inmates; 
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1 (J) ensuring the confidentiality of prison 

2 rape complaints and protecting inmates who 

3 make complaints of prison rape; 

4 (K) creating a system for reporting inci5 dents of prison rape that will ensure the con6 fidentiality of prison rape complaints, protect 

7 inmates who make prison rape complaints from 

8 retaliation, and assure the impartial resolution 

9 of prison rape complaints; 

10 (L) data collection and reporting of—

11 (i) prison rape; 

12 (ii) prison staff sexual misconduct; and 

13 (iii) the resolution of prison rape com14 plaints by prison officials and Federal, 

15 State, and local investigation and prosecu16 tion authorities; and 

17 (M) such other matters as may reasonably 

18 be related to the detection, prevention, reduction, 

19 and punishment of prison rape. 

20 (3) LIMITATION.—The Commission shall not pro21 pose a recommended standard that would impose sub22 stantial additional costs compared to the costs pres23 ently expended by Federal, State, and local prison 

24 authorities. 
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1 (f) CONSULTATION WITH ACCREDITATION ORGANIZA2 TIONS.—In developing recommended national standards for 

3 enhancing the detection, prevention, reduction, and punish4 ment of prison rape, the Commission shall consider any 

5 standards that have already been developed, or are being 

6 developed simultaneously to the deliberations of the Com7 mission. The Commission shall consult with accreditation 

8 organizations responsible for the accreditation of Federal, 

9 State, local or private prisons, that have developed or are 

10 currently developing standards related to prison rape. The 

11 Commission will also consult with national associations 

12 representing the corrections profession that have developed 

13 or are currently developing standards related to prison 

14 rape. 

15 (g) HEARINGS.—

16 (1) IN GENERAL.—The Commission shall hold 

17 public hearings. The Commission may hold such hear18 ings, sit and act at such times and places, take such 

19 testimony, and receive such evidence as the Commis20 sion considers advisable to carry out its duties under 

21 this section. 

22 (2) WITNESS EXPENSES.—Witnesses requested to 

23 appear before the Commission shall be paid the same 

24 fees as are paid to witnesses under section 1821 of 

25 title 28, United State Code. The per diem and mile-
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1 age allowances for witnesses shall be paid from funds 

2 appropriated to the Commission. 

3 (h) INFORMATION FROM FEDERAL OR STATE AGEN4 CIES.—The Commission may secure directly from any Fed5 eral department or agency such information as the Commis6 sion considers necessary to carry out its duties under this 

7 section. The Commission may request the head of any State

8 or local department or agency to furnish such information 

9 to the Commission. 

10 (i) PERSONNEL MATTERS.—

11 (1) TRAVEL EXPENSES.—The members of the 

12 Commission shall be allowed travel expenses, includ13 ing per diem in lieu of subsistence, at rates author14 ized for employees of agencies under subchapter I of 

15 chapter 57 of title 5, United States Code, while away 

16 from their homes or regular places of business in the 

17 performance of service for the Commission. 

18 (2) DETAIL OF FEDERAL EMPLOYEES.—With the 

affirmative vote of 2 19 ⁄3 of the Commission, any Federal 

20 Government employee, with the approval of the head 

21 of the appropriate Federal agency, may be detailed to 

22 the Commission without reimbursement, and such de23 tail shall be without interruption or loss of civil serv24 ice status, benefits, or privileges. 
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1 (3) PROCUREMENT OF TEMPORARY AND INTER2 MITTENT SERVICES.—Upon the request of the Com3 mission, the Attorney General shall provide reason4 able and appropriate office space, supplies, and ad5 ministrative assistance. 

6 (j) CONTRACTS FOR RESEARCH.—

7 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 8 ⁄3 affirmative vote, the Commission may select non9 governmental researchers and experts to assist the 

10 Commission in carrying out its duties under this Act. 

11 The National Institute of Justice shall contract with 

12 the researchers and experts selected by the Commis13 sion to provide funding in exchange for their services. 

14 (2) OTHER ORGANIZATIONS.—Nothing in this 

15 subsection shall be construed to limit the ability of the 

16 Commission to enter into contracts with other entities 

17 or organizations for research necessary to carry out 

18 the duties of the Commission under this section. 

19 (k) SUBPOENAS.—

20 (1) ISSUANCE.—The Commission may issue sub21 poenas for the attendance of witnesses and the produc22 tion of written or other matter. 

23 (2) ENFORCEMENT.—In the case of contumacy or 

24 refusal to obey a subpoena, the Attorney General may 
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1 in a Federal court of appropriate jurisdiction obtain 

2 an appropriate order to enforce the subpoena. 

3 (3) CONFIDENTIALITY OF DOCUMENTARY EVI4 DENCE.—Documents provided to the Commission pur5 suant to a subpoena issued under this subsection shall 

6 not be released publicly without the affirmative vote 

of 2 7 ⁄3 of the Commission. 

8 (l) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated such sums as may be nec10 essary to carry out this section. 

11 (m) TERMINATION.—The Commission shall terminate 

12 on the date that is 60 days after the date on which the Com13 mission submits the reports required by this section. 

14 (n) EXEMPTION.—The Commission shall be exempt 

15 from the Federal Advisory Committee Act. 

16 SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 

17 (a) PUBLICATION OF PROPOSED STANDARDS.—

18 (1) FINAL RULE.—Not later than 1 year after re19 ceiving the report specified in section 7(d)(3), the At20 torney General shall publish a final rule adopting na21 tional standards for the detection, prevention, reduc22 tion, and punishment of prison rape. 

23 (2) INDEPENDENT JUDGMENT.—The standards 

24 referred to in paragraph (1) shall be based upon the 

25 independent judgment of the Attorney General, after 
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1 giving due consideration to the recommended national 

2 standards provided by the Commission under section 

3 7(e), and being informed by such data, opinions, and 

4 proposals that the Attorney General determines to be 

5 appropriate to consider. 

6 (3) LIMITATION.—The Attorney General shall 

7 not establish a national standard under this section 

8 that would impose substantial additional costs com9 pared to the costs presently expended by Federal, 

10 State, and local prison authorities. The Attorney Gen11 eral may, however, provide a list of improvements for 

12 consideration by correctional facilities. 

13 (4) TRANSMISSION TO STATES.—Within 90 days 

14 of publishing the final rule under paragraph (1), the 

15 Attorney General shall transmit the national stand16 ards adopted under such paragraph to the chief execu17 tive of each State, the head of the department of cor18 rections of each State, and to the appropriate authori19 ties in those units of local government who oversee op20 eration in one or more prisons. 

21 (b) APPLICABILITY TO FEDERAL BUREAU OF PRIS22 ONS.—The national standards referred to in subsection (a) 

23 shall apply to the Federal Bureau of Prisons immediately 

24 upon adoption of the final rule under subsection (a)(4). 

25 (c) ELIGIBILITY FOR FEDERAL FUNDS.—
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1 (1) COVERED PROGRAMS.—

2 (A) IN GENERAL.—For purposes of this sub3 section, a grant program is covered by this sub4 section if, and only if—

5 (i) the program is carried out by or 

6 under the authority of the Attorney General; 

7 and 

8 (ii) the program may provide amounts 

9 to States for prison purposes. 

10 (B) LIST.—For each fiscal year, the Attor11 ney General shall prepare a list identifying each 

12 program that meets the criteria of subparagraph 

13 (A) and provide that list to each State. 

14 (2) ADOPTION OF NATIONAL STANDARDS.—For 

15 each fiscal year, any amount that a State would oth16 erwise receive for prison purposes for that fiscal year 

17 under a grant program covered by this subsection 

18 shall be reduced by 5 percent, unless the chief execu19 tive of the State submits to the Attorney General—

20 (A) a certification that the State has adopt21 ed, and is in full compliance with, the national 

22 standards described in section 8(a); or 

23 (B) an assurance that not less than 5 per24 cent of such amount shall be used only for the 

25 purpose of enabling the State to adopt, and 
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1 achieve full compliance with, those national 

2 standards, so as to ensure that a certification 

3 under subparagraph (A) may be submitted in fu4 ture years. 

5 (3) REPORT ON NONCOMPLIANCE.—Not later 

6 than September 30 of each year, the Attorney General 

7 shall publish a report listing each grantee that is not

8 in compliance with the national standards adopted 

9 pursuant to section 8(a). 

10 (4) COOPERATION WITH SURVEY.—For each fis11 cal year, any amount that a State receives for that 

12 fiscal year under a grant program covered by this 

13 subsection shall not be used for prison purposes (and 

14 shall be returned to the grant program if no other au15 thorized use is available), unless the chief executive of 

16 the State submits to the Attorney General a certifi17 cation that neither the State, nor any political sub18 division or unit of local government within the State, 

19 is listed in a report issued by the Attorney General 

20 pursuant to section 4(c)(2)(C). 

21 (5) REDISTRIBUTION OF AMOUNTS.—Amounts 

22 under a grant program not granted by reason of a re23 duction under paragraph (2), or returned by reason 

24 of the prohibition in paragraph (4), shall be granted 

25 to one or more entities not subject to such reduction 
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1 or such prohibition, subject to the other laws gov2 erning that program. 

3 (6) IMPLEMENTATION.—The Attorney General 

4 shall establish procedures to implement this sub5 section, including procedures for effectively applying 

6 this subsection to discretionary grant programs. 

7 (7) EFFECTIVE DATE.—

8 (A) REQUIREMENT OF ADOPTION OF STAND9 ARDS.—The first grants to which paragraph (2) 

10 applies are grants for the second fiscal year be11 ginning after the date on which the national 

12 standards under section 8(a) are finalized. 

13 (B) REQUIREMENT FOR COOPERATION.—

14 The first grants to which paragraph (4) applies 

15 are grants for the fiscal year beginning after the 

16 date of the enactment of this Act. 

17 SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZA18 TIONS ADOPT ACCREDITATION STANDARDS. 

19 (a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwith20 standing any other provision of law, an organization re21 sponsible for the accreditation of Federal, State, local, or 

22 private prisons, jails, or other penal facilities may not re23 ceive any new Federal grants during any period in which 

24 such organization fails to meet any of the requirements of 

25 subsection (b). 
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1 (b) REQUIREMENTS.—To be eligible to receive Federal 

2 grants, an accreditation organization referred to in sub3 section (a) must meet the following requirements: 

4 (1) At all times after 90 days after the date of 

5 enactment of this Act, the organization shall have in 

6 effect, for each facility that it is responsible for ac7 crediting, accreditation standards for the detection, 

8 prevention, reduction, and punishment of prison 

9 rape. 

10 (2) At all times after 1 year after the date of the 

11 adoption of the final rule under section 8(a)(4), the 

12 organization shall, in addition to any other such 

13 standards that it may promulgate relevant to the de14 tection, prevention, reduction, and punishment of 

15 prison rape, adopt accreditation standards consistent 

16 with the national standards adopted pursuant to such 

17 final rule. 

18 SEC. 10. DEFINITIONS. 

19 In this Act, the following definitions shall apply: 

20 (1) CARNAL KNOWLEDGE.—The term ‘‘carnal 

21 knowledge’’ means contact between the penis and the 

22 vulva or the penis and the anus, including penetra23 tion of any sort, however slight. 

24 (2) INMATE.—The term ‘‘inmate’’ means any 

25 person incarcerated or detained in any facility who 
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1 is accused of, convicted of, sentenced for, or adju2 dicated delinquent for, violations of criminal law or 

3 the terms and conditions of parole, probation, pretrial 

4 release, or diversionary program. 

5 (3) JAIL.—The term ‘‘jail’’ means a confinement 

6 facility of a Federal, State, or local law enforcement 

7 agency to hold—

8 (A) persons pending adjudication of crimi9 nal charges; or 

10 (B) persons committed to confinement after 

11 adjudication of criminal charges for sentences of 

12 1 year or less. 

13 (4) HIV.—The term ‘‘HIV’’ means the human 

14 immunodeficiency virus. 

15 (5) ORAL SODOMY.—The term ‘‘oral sodomy’’ 

16 means contact between the mouth and the penis, the 

17 mouth and the vulva, or the mouth and the anus. 

18 (6) POLICE LOCKUP.—The term ‘‘police lockup’’ 

19 means a temporary holding facility of a Federal, 

20 State, or local law enforcement agency to hold—

21 (A) inmates pending bail or transport to 

22 jail; 

23 (B) inebriates until ready for release; or 

24 (C) juveniles pending parental custody or 

25 shelter placement. 
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1 (7) PRISON.—The term ‘‘prison’’ means any con2 finement facility of a Federal, State, or local govern3 ment, whether administered by such government or by 

4 a private organization on behalf of such government, 

5 and includes—

6 (A) any local jail or police lockup; and 

7 (B) any juvenile facility used for the cus8 tody or care of juvenile inmates. 

9 (8) PRISON RAPE.—The term ‘‘prison rape’’ in10 cludes the rape of an inmate in the actual or con11 structive control of prison officials. 

12 (9) RAPE.—The term ‘‘rape’’ means—

13 (A) the carnal knowledge, oral sodomy, sex14 ual assault with an object, or sexual fondling of 

15 a person, forcibly or against that person’s will; 

16 (B) the carnal knowledge, oral sodomy, sex17 ual assault with an object, or sexual fondling of 

18 a person not forcibly or against the person’s will, 

19 where the victim is incapable of giving consent 

20 because of his or her youth or his or her tem21 porary or permanent mental or physical inca22 pacity; or 

23 (C) the carnal knowledge, oral sodomy, sex24 ual assault with an object, or sexual fondling of 

25 a person achieved through the exploitation of the 
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1 fear or threat of physical violence or bodily in2 jury. 

3 (10) SEXUAL ASSAULT WITH AN OBJECT.—The 

4 term ‘‘sexual assault with an object’’ means the use of 

5 any hand, finger, object, or other instrument to pene6 trate, however slightly, the genital or anal opening of 

7 the body of another person. 

8 (11) SEXUAL FONDLING.—The term ‘‘sexual 

9 fondling’’ means the touching of the private body 

10 parts of another person (including the genitalia, 

11 anus, groin, breast, inner thigh, or buttocks) for the 

12 purpose of sexual gratification. 

13 (12) EXCLUSIONS.—The terms and conditions 

14 described in paragraphs (9) and (10) shall not apply 

15 to—

16 (A) custodial or medical personnel gath17 ering physical evidence, or engaged in other le18 gitimate medical treatment, in the course of in19 vestigating prison rape; 

20 (B) the use of a health care provider’s hands 

21 or fingers or the use of medical devices in the 

22 course of appropriate medical treatment unre23 lated to prison rape; or 

24 (C) the use of a health care provider’s hands 

25 or fingers and the use of instruments to perform 
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1 body cavity searches in order to maintain secu2 rity and safety within the prison or detention fa3 cility, provided that the search is conducted in 

4 a manner consistent with constitutional require5 ments.

Union Calendar No. 121

108TH CONGRESS 

1ST SESSION H. R. 1707

[Report No. 108–219] 

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. 

JULY 18, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed