I 

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.

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 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 
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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.

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) 2,100,146 persons were incarcerated in the 

4 United States at the end of 2001: 1,324,465 in Fed5 eral and State Prisons and 631,240 in county and 

6 local jails. In 1999, there were more than 

7 10,000,000 separate admissions to and discharges 

8 from prisons and jails. 

9 (2) Insufficient research has been conducted 

10 and insufficient data reported on the extent of pris11 on rape. However, experts have conservatively esti12 mated that at least 13 percent of the inmates in the 

13 United States have been sexually assaulted in pris14 on. Many inmates have suffered repeated assaults. 

15 Under this estimate, nearly 200,000 inmates now in16 carcerated have been or will be the victims of prison 

17 rape. The total number of inmates who have been 

18 sexually assaulted in the past 20 years likely exceeds 

19 1,000,000. 
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1 (3) Inmates with mental illness are at increased 

2 risk of sexual victimization. America’s jails and pris3 ons house more mentally ill individuals than all of 

4 the Nation’s psychiatric hospitals combined. As 

5 many as 16 percent of inmates in state prisons and 

6 jails, and 7 percent of Federal inmates, suffer from 

7 mental illness. 

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

9 risk of sexual victimization. Juveniles are 5 times 

10 more likely to be sexually assaulted in adult rather 

11 than juvenile facilities—often within the first 48 

12 hours of incarceration. 

13 (5) Most prison staff are not adequately trained 

14 or prepared to prevent, report, or treat inmate sex15 ual assaults. 

16 (6) Prison rape often goes unreported, and in17 mate victims often receive inadequate treatment for 

18 the severe physical and psychological effects of sex19 ual assault—if they receive treatment at all. 

20 (7) HIV and AIDS are major public health 

21 problems within America’s correctional facilities. In 

22 2000, 25,088 inmates in Federal and State prisons 

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

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

25 deaths in Federal and State prisons. Infection rates 
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1 for other sexually transmitted diseases, tuberculosis, 

2 and hepatitis B and C are also far greater for pris3 oners than for the American population as a whole. 

4 Prison rape undermines the public health by contrib5 uting to the spread of these diseases, and often giv6 ing a potential death sentence to its victims. 

7 (8) Prison rape endangers the public safety by 

8 making brutalized inmates more likely to commit 

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

10 are each year. 

11 (9) The frequently interracial character of pris12 on sexual assaults significantly exacerbates inter13 racial tensions, both within prison and, upon release 

14 of perpetrators and victims from prison, in the com15 munity at large. 

16 (10) Prison rape increases the level of homi17 cides and other violence against inmates and staff, 

18 and the risk of insurrections and riots. 

19 (11) Victims of prison rape suffer severe phys20 ical and psychological effects that hinder their ability 

21 to integrate into the community and maintain stable 

22 employment upon their release from prison. They

23 are thus more likely to become homeless and/or re24 quire government assistance. 
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1 (12) Members of the public and government of2 ficials are largely unaware of the epidemic character 

3 of prison rape and the day-to-day horror experienced 

4 by victimized inmates. 

5 (13) The high incidence of sexual assault within 

6 prisons involves actual and potential violations of the 

7 United States Constitution. In Farmer v. Brennan, 

8 511 U.S. 825 (1994), the Supreme Court ruled that 

9 deliberate indifference to the substantial risk of sex10 ual assault violates prisoners’ rights under the Cruel 

11 and Unusual Punishments Clause of the Eighth 

12 Amendment. The Eighth Amendment rights of State 

13 and local prisoners are protected through the Due 

14 Process Clause of the Fourteenth Amendment. Pur15 suant to Congress’s power under Section Five of the 

16 Fourteenth Amendment, Congress may take action 

17 to enforce those rights in States where officials have 

18 demonstrated such indifference. States in which the 

19 incidence of prison rape exceeds the median by 30 

20 percent whose officials refuse to explain their poli21 cies and practices regarding sexual assault and 

22 States that do not adopt carefully selected grant 

23 performance standards that do not generate signifi24 cant additional expenditures demonstrate such indif-
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1 ference. Therefore, such States are not entitled to 

2 the same level of Federal benefits as other States. 

3 (14) The high incidence of prison rape under4 mines the effectiveness and efficiency of United 

5 States Government expenditures through grant pro6 grams such as those dealing with health care; men7 tal health care; disease prevention; crime prevention, 

8 investigation, and prosecution; prison construction, 

9 maintenance, and operation; race relations; poverty; 

10 unemployment and homelessness. The effectiveness 

11 and efficiency of these Federally funded grant pro12 grams are compromised by officials’ failure to adopt 

13 policies and procedure that reduce the incidence of 

14 prison rape in that the high incidence of prison 

15 rape—

16 (A) increases the costs incurred by Fed17 eral, State, and local jurisdictions to administer 

18 their prison systems; 

19 (B) increases the levels of violence, di20 rected at inmates and at staff, within prisons; 

21 (C) increases health care expenditures, 

22 both inside and outside of prison systems, and 

23 reduces the effectiveness of disease prevention 

24 programs by substantially increasing the inci-
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1 dence and spread of HIV, AIDS, tuberculosis, 

2 hepatitis B and C, and other diseases; 

3 (D) increases mental health care expendi4 tures, both inside and outside of prison sys5 tems, by substantially increasing the rate of 

6 post-traumatic stress disorder, depression, sui7 cide, and the exacerbation of existing mental ill8 nesses among current and former inmates; 

9 (E) increases the risks of recidivism, civil 

10 strife, and violent crime by individuals who have 

11 been brutalized by prison rape; and 

12 (F) increases the level of interracial ten13 sions and strife within prisons and, upon re14 lease of perpetrators and victims, in the com15 munity at large. 

16 (15) The high incidence of prison rape has a 

17 significant effect on interstate commerce because it 

18 increases substantially—

19 (A) the costs incurred by Federal, State, 

20 and local jurisdictions to administer their pris21 on systems; 

22 (B) the incidence and spread of HIV, 

23 AIDS, tuberculosis, hepatitis B and C, and 

24 other diseases, contributing to increased health 
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1 and medical expenditures throughout the Na2 tion; 

3 (C) the rate of post-traumatic stress dis4 order, depression, suicide, and the exacerbation 

5 of existing mental illnesses among current and 

6 former inmates, contributing to increased 

7 health and medical expenditures throughout the 

8 Nation; and 

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

10 violent crime by individuals who have been bru11 talized by prison rape. 

12 SEC. 3. PURPOSES. 

13 The purposes of this Act are to—

14 (1) establish a zero-tolerance standard for the 

15 incidence of prison rape in prisons in the United 

16 States; 

17 (2) make the prevention of prison rape a top 

18 priority in each prison system; 

19 (3) develop and implement national standards 

20 for the detection, prevention, reduction, and punish21 ment of prison rape; 

22 (4) increase the available data and information 

23 on the incidence of prison rape, consequently im24 proving the management and administration of cor25 rectional facilities; 
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1 (5) standardize the definitions used for col2 lecting data on the incidence of prison rape; 

3 (6) increase the accountability of prison officials 

4 who fail to detect, prevent, reduce, and punish pris5 on rape. 

6 (7) protect the Eighth Amendment rights of 

7 Federal, State, and local prisoners; 

8 (8) increase the efficiency and effectiveness of 

9 Federal expenditures through grant programs such 

10 as those dealing with health care; mental health 

11 care; disease prevention; crime prevention, investiga12 tion, and prosecution; prison construction, mainte13 nance, and operation; race relations; poverty; unem14 ployment; and homelessness; and 

15 (9) reduce the costs that prison rape imposes 

16 on interstate commerce. 

17 SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND 

18 RESEARCH. 

19 (a) ANNUAL COMPREHENSIVE STATISTICAL RE20 VIEW.—

21 (1) IN GENERAL.—The Bureau of Justice Sta22 tistics of the Department of Justice (in this section 

23 referred to as the ‘‘Bureau’’) shall carry out, for 

24 each calendar year, a comprehensive statistical re25 view and analysis of the incidence and effects of
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1 prison rape. The statistical review and analysis shall 

2 include, but not be limited to the identification of 

3 the common characteristics of—

4 (A) both victims and perpetrators of prison 

5 rape; and 

6 (B) prisons and prison systems with a high 

7 incidence of prison rape. 

8 (2) SAMPLING TECHNIQUES.—The analysis 

9 under paragraph (1) shall be based on a random 

10 sample, or other scientifically appropriate sample, of 

11 not less than 10 percent of all Federal, State, and 

12 county prisons, and a representative sample of mu13 nicipal prisons. The selection shall include at least 

14 one prison from each State. The selection of facili15 ties for sampling shall be made at the latest prac16 ticable date prior to conducting the surveys and 

17 shall not be disclosed to any facility or prison system 

18 official prior to the time period studied in the sur19 vey. Selection of a facility for sampling during any 

20 year shall not preclude its selection for sampling in 

21 any subsequent year. 

22 (3) SURVEYS.—In carrying out the review re23 quired by this subsection, the Bureau shall, in addi24 tion to such other methods as the Bureau considers 

25 appropriate, use surveys and other statistical studies 
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1 of current and former inmates from a sample of 

2 Federal, State, county, and municipal prisons. The 

3 Bureau shall ensure the confidentiality of each sur4 vey participant. 

5 (4) FAILURE TO PARTICIPATE.—If, after receiv6 ing a request from the Bureau under subparagraph 

7 (a)(2), a State of local official or facility adminis8 trator declines to participate in the national survey 

9 or prohibits access to any inmates under their legal 

10 custody, the entity represented by that official, or 

11 any jurisdiction to which the facility is subject, shall 

12 not be entitled in any funding increases under sec13 tion 4, subsections (b)(3)(C) or (f). 

14 (b) REVIEW PANEL ON PRISON RAPE.—

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

16 carrying out the review and analysis under sub17 section (a), there is established, within the Bureau, 

18 the Review Panel on Prison Rape (in this section re19 ferred to as the ‘‘Panel’’). 

20 (2) MEMBERSHIP.—

21 (A) COMPOSITION.—The Panel shall be 

22 composed of 3 members, each of whom shall be 

23 appointed by the Attorney General, in consulta24 tion with the Secretary of Health and Human 

25 Services. 
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1 (B) QUALIFICATIONS.—Members of the 

2 Panel shall be selected from among individuals 

3 with knowledge or expertise in matters to be 

4 studied by the Panel. 

5 (3) PUBLIC HEARINGS.—

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

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

8 public hearings concerning the operation of 

9 each entity identified in a report under clause 

10 (ii) or (iii) of subsection (c)(2)(B). The purpose 

11 of these hearings shall be to collect evidence to 

12 aid in the identification of common characteris13 tics of both victims and perpetrators of prison 

14 rape, and the identification of common charac15 teristics of prisons and prison systems with a 

16 high incidence of prison rape. 

17 (B) TESTIMONY AT HEARINGS.—

18 (i) PUBLIC OFFICIALS.—In carrying 

19 out the hearings required under subpara20 graph (A), the Panel shall request the pub21 lic testimony of Federal, State, and local 

22 officials (and organizations that represent 

23 such officials), including the warden or di24 rector of each prison and the head of the 

25 prison system encompassing such prison, 
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1 who bear responsibility for the prevention, 

2 detection, and punishment of prison rape 

3 at each entity. 

4 (ii) VICTIMS.—The Panel may request 

5 the testimony of prison rape victims, orga6 nizations representing such victims, and 

7 other appropriate individuals and organiza8 tions. 

9 (C) FUNDING INCREASE AFTER TESTI10 MONY.—If, after receiving a request by the 

11 Panel under subparagraph (B)(i), a State or 

12 local official from an entity identified in a re13 port under clause (ii) or (iii) of subsection 

14 (c)(2)(B) testifies at a reasonably designated 

15 time, the proportional share of the total Federal 

16 funds of the grant programs designated under 

17 section 11 provided to the entity represented by 

18 the official shall be increased by 10 percent in 

19 the fiscal year following the fiscal year in which 

20 the official testifies. No entity shall receive an 

21 increase in its proportional share of more than 

22 10 percent under this subsection. This increase 

23 shall be in addition to any other increase pro24 vided under this Act. 

25 (c) REPORTS.—
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1 (1) IN GENERAL.—Not later than March 30 of 

2 each year, the Bureau shall submit a report on the 

3 activities of the Bureau (including the Review 

4 Panel), with respect to prison rape, for the pre5 ceding calendar year to—

6 (A) Congress; 

7 (B) the Attorney General; and 

8 (C) the Secretary of Health and Human 

9 Services. 

10 (2) CONTENTS.—The report required under 

11 paragraph (1) shall include—

12 (A) with respect to the effects of prison 

13 rape, statistical, sociological, and psychological 

14 data; and 

15 (B) with respect to the incidence of prison 

16 rape—

17 (i) statistical data aggregated at the 

18 Federal, State, prison system, and prison 

19 levels; 

20 (ii) an identification of the Federal 

21 Government, if applicable, and each State 

22 and local government (and each prison sys23 tem and institution in the representative 

24 sample) where the incidence of prison rape
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1 exceeds the national median level by not 

2 less than 30 percent; and 

3 (iii) an identification of jail and police 

4 lockup systems in the representative sam5 ple where the incidence of prison rape is 

6 significantly avoidable. 

7 (3) DATA ADJUSTMENTS.—In preparing the in8 formation specified in paragraph (2), the Bureau 

9 shall, not later than the second year in which sur10 veys are conducted under this Act, use established 

11 statistical methods to adjust the data as necessary 

12 to account for exogenous factors, outside of the con13 trol of the State, prison system, or prison, which 

14 have demonstrably contributed to the incidence of 

15 prison rape. For each such adjustment made, the 

16 Bureau shall identify and explain such adjustment 

17 in the report. 

18 (d) CONTRACTS AND GRANTS.—In carrying out its 

19 duties under this section, the Bureau may—

20 (1) contract with the National Research Council 

21 of the National Academy of Science; 

22 (2) provide grants for research through the Na23 tional Science Foundation or the National Institute 

24 of Justice; and 
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1 (3) contract with or provide grants to any other 

2 entity the Bureau deems appropriate. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $15,000,000 for each 

5 fiscal year to carry out the purposes of this section, which 

6 shall remain available until expended. 

7 (f) FUNDING INCREASE.—The proportional share of 

8 the total Federal funds of the grant programs designated 

9 under section 11 provided to any Federal, State, or local 

10 government or prison system and institution that is not 

11 identified in a report under clause (ii) or (iii) of subsection 

12 (c)(2)(B) shall be increased by 10 percent in the fiscal 

13 year following the fiscal year in which the report is issued. 

14 This increase shall be in addition to any other increase 

15 provided under this Act. 

16 SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION. 

17 (a) INFORMATION AND ASSISTANCE.—

18 (1) NATIONAL CLEARINGHOUSE.—There is es19 tablished within the National Institute of Correc20 tions a national clearinghouse for the provision of in21 formation and assistance to Federal, State, and local 

22 authorities responsible for the prevention, investiga23 tion, and punishment of instances of prison rape. 

24 (2) TRAINING AND EDUCATION.—The National 

25 Institute of Corrections shall conduct periodic train-
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1 ing and education programs for Federal, State, and 

2 local authorities responsible for the prevention, in3 vestigation, and punishment of instances of prison 

4 rape. 

5 (b) REPORTS.—

6 (1) IN GENERAL.—Not later than February 15 

7 of each year, the National Institute of Corrections 

8 shall submit a report to Congress and the Secretary 

9 of Health and Human Services. This report shall be 

10 available to the Director of the Bureau of Justice 

11 Statistics. 

12 (2) CONTENTS.—The report required under 

13 paragraph (1) shall summarize the activities of the 

14 Department of Justice regarding prison rape abate15 ment for the preceding calendar year. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $5,000,000 for each fis18 cal year to carry out the purposes of this section, which 

19 shall remain available until expended.

20 SEC. 6. PRISON RAPE PREVENTION AND PROSECUTION 

21 GRANTS. 

22 (a) ENHANCED RESPONSE TO PRISON RAPE

23 GRANTS.—
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1 (1) GRANTS AUTHORIZED.—The Attorney Gen2 eral shall make 1-year grants to States, units of 

3 local government, prisons, and prison systems. 

4 (2) USE OF FUNDS.—Grants awarded under 

5 paragraph (1) shall only be used to—

6 (A) undertake more effective efforts to pre7 vent prison rape; 

8 (B) investigate such incidents; and 

9 (C) punish the perpetrators. 

10 (3) MATCHING REQUIREMENT.—The Federal fi11 nancial assistance provided under this subsection 

12 may not exceed 50 percent of the total costs of the 

13 program being funded. 

14 (4) MAXIMUM AMOUNT.—The Attorney General 

15 shall not award a grant under this subsection in an 

16 amount which exceeds $1,000,000. 

17 (5) APPLICATIONS.—

18 (A) IN GENERAL.—To request a grant 

19 under this subsection, the chief executive of a 

20 State or unit of local government shall submit 

21 an application to the Attorney General at such 

22 time, in such manner, and accompanied by such 

23 information as the Attorney General may re24 quire. 
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1 (B) CONTENTS.—Each application re2 quired by subparagraph (A) shall—

3 (i) include the certification of the 

4 chief executive that the State receiving 

5 such grant (or the State encompassing the 

6 unit of local government receiving such 

7 grant) has adopted all national prison rape 

8 standards that have been promulgated 

9 under this Act; and 

10 (ii) specify with particularity the addi11 tional preventative, prosecutorial, or ad12 ministrative actions to be taken by the 

13 State or unit of local government to pre14 vent prison rape and to respond to inci15 dents of prison rape that occur. 

16 (6) REPORT BY GRANTEE.—

17 (A) IN GENERAL.—The Attorney General 

18 shall require each grantee to submit, not later 

19 than December 31 of the year following the re20 ceipt of a grant under this section—

21 (i) a report on the activities carried 

22 out with grant amounts during the pre23 ceding Federal fiscal year; and 

24 (ii) an evaluation of the impact of 

25 such activities on the incidence of prison
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1 rape and the grantee’s response to such in2 cidents. 

3 (B) DISSEMINATION.—The Attorney Gen4 eral shall provide a copy of each report sub5 mitted under subparagraph (A) to the National 

6 Prison Rape Reduction Commission until such 

7 Commission is terminated. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated $40,000,000 for each 

10 fiscal year to fund the grants authorized under subsection 

11 (a), which shall remain available until expended. 

12 SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION. 

13 (a) ESTABLISHMENT.—There is established a com14 mission to be known as the National Prison Rape Reduc15 tion Commission (in this section referred to as the ‘‘Com16 mission’’). 

17 (b) MEMBERS.—

18 (1) IN GENERAL.—The Commission shall be 

19 composed of 9 members, of whom—

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

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

22 the House of Representatives, unless the Speak23 er is of the same party as the President, in 

24 which case 1 shall be appointed by the Speaker 

25 of the House of Representatives and 1 shall be 
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1 appointed by the minority leader of the House 

2 of Representatives; 

3 (C) 1 shall be appointed by the minority 

4 leader of the House of Representatives (in addi5 tion to any appointment made under subpara6 graph (B)); 

7 (D) 2 shall be appointed by the majority 

8 leader of the Senate, unless the majority leader 

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

10 case 1 shall be appointed by the majority leader 

11 of the Senate and 1 shall be appointed by the 

12 minority leader of the Senate; and 

13 (E) 1 member appointed by the minority 

14 leader of the Senate (in addition to any ap15 pointment made under subparagraph (D)). 

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

17 Commission shall be an individual who has knowl18 edge or expertise in matters to be studied by the 

19 Commission. 

20 (3) CONSULTATION REQUIRED.—The President, 

21 the Speaker and minority leader of the House of 

22 Representatives, and the majority leader and minor23 ity leader of the Senate shall consult with one an24 other prior to the appointment of the members of 

25 the Commission to achieve, to the maximum extent 
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1 possible, fair and equitable representation of various 

2 points of view with respect to the matters to be 

3 studied by the Commission. 

4 (4) TERM.—Each member shall be appointed 

5 for the life of the Commission. 

6 (5) TIME FOR INITIAL APPOINTMENTS.—The 

7 appointment of the members shall be completed not 

8 later than 60 days after the date of enactment of 

9 this Act. 

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

11 shall be filled in the manner in which the original 

12 appointment was made, and shall be completed not 

13 later than 60 days after the date on which the va14 cancy occurred. 

15 (c) OPERATION.—

16 (1) CHAIRPERSON.—

17 (A) APPOINTMENT.—Not later than 15 

18 days after the initial appointment of the mem19 bers is completed, the President, the Speaker of 

20 the House of Representatives, and the majority 

21 leader of the Senate shall jointly appoint a 

22 chairperson for the Commission from among 

23 the members of the Commission.

24 (B) MAJORITY VOTE.—If the designation 

25 of a chairperson does not occur by the date 
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1 specified in subparagraph (A), the chairperson 

2 shall be appointed by the majority vote of the 

3 President, the Speaker and minority leader of 

4 the House of Representatives, and the majority 

5 leader and minority leader of the Senate. 

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

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

8 Commission shall take place not later than 30 days 

9 after the initial appointment of the members is com10 pleted. 

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

12 the Commission shall constitute a quorum to con13 duct business, but the Commission may establish a 

14 lesser quorum for conducting hearings scheduled by 

15 the Commission. 

16 (4) RULES.—Each member of the Commission 

17 shall have 1 vote. The Commission may establish by 

18 majority vote any other rules for the conduct of 

19 Commission business, if such rules are not incon20 sistent with this Act or other applicable law. 

21 (d) COMPREHENSIVE STUDY OF THE IMPACTS OF

22 PRISON RAPE.—

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

24 out a comprehensive legal and factual study of the 

25 penalogical, physical, mental, medical, social, and 
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1 economic impacts of prison rape in the United 

2 States on—

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

4 and 

5 (B) communities and social institutions 

6 generally, including individuals, families, and 

7 businesses within such communities and social 

8 institutions. 

9 (2) MATTERS INCLUDED.—The study under 

10 paragraph (1) shall include—

11 (A) a review of existing Federal, State, 

12 and local government policies and practices with 

13 respect to the prevention, detection, and punish14 ment of prison rape; 

15 (B) an assessment of the relationship be16 tween prison rape and prison conditions, and of 

17 existing monitoring, regulatory, and enforce18 ment practices that are intended to address any 

19 such relationship; 

20 (C) an assessment of pathological or social 

21 causes of prison rape; 

22 (D) an assessment of the extent to which 

23 the incidence of prison rape contributes to the 

24 spread of sexually transmitted diseases and to 

25 the transmission of HIV;
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1 (E) an assessment of the characteristics of 

2 inmates most likely to commit prison rape and 

3 the effectiveness of various types of treatment 

4 or programs to reduce such likelihood; 

5 (F) an assessment of the characteristics of 

6 inmates most likely to be victims of prison rape 

7 and the effectiveness of various types of treat8 ment or programs to reduce such likelihood; 

9 (G) an assessment of the impacts of prison 

10 rape on individuals, families, social institutions 

11 and the economy generally, including an assess12 ment of the extent to which the incidence of 

13 prison rape contributes to recidivism and to in14 creased incidence of sexual assault; 

15 (H) an examination of the feasibility and 

16 cost of conducting surveillance, undercover ac17 tivities, or both, to reduce the incidence of pris18 on rape; 

19 (I) an assessment of the safety and secu20 rity of prison facilities and the relationship of 

21 prison facility construction and design to the in22 cidence of prison rape; 

23 (J) an assessment of the feasibility and 

24 cost of any particular proposals for prison re25 form; 
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1 (K) an identification of the need for addi2 tional scientific and social science research on 

3 the prevalence of prison rape in Federal, State, 

4 and local prisons; 

5 (L) an assessment of the general relation6 ship between prison rape and prison violence; 

7 (M) an assessment of the relationship be8 tween prison rape and levels of training, super9 vision, and discipline of prison staff; and 

10 (N) an assessment of existing Federal and 

11 State systems for reporting incidences of prison 

12 rape, including an assessment of whether exist13 ing systems provide an adequate assurance of 

14 confidentiality, impartiality and the absence of 

15 reprisal. 

16 (3) REPORT.—

17 (A) DISTRIBUTION.—Not later than 24 

18 months after the date of the initial meeting of 

19 the Commission, the Commission shall submit a 

20 report on the study carried out under this sub21 section to—

22 (i) the President; 

23 (ii) the Committees on the Judiciary 

24 of the Senate and the House of Represent25 atives;
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1 (iii) the Attorney General; 

2 (iv) the Secretary of Health and 

3 Human Services; 

4 (v) the Director of the Federal Bu5 reau of Prisons; 

6 (vi) the chief executive of each State; 

7 and 

8 (vii) the head of the department of 

9 corrections of each State. 

10 (B) CONTENTS.—The report under sub11 paragraph (A) shall include—

12 (i) the findings and conclusions of the 

13 Commission; 

14 (ii) recommended national standards 

15 for reducing prison rape; 

16 (iii) recommended protocols for pre17 serving evidence and treating victims of 

18 prison rape; and 

19 (iv) a summary of the materials relied 

20 on by the Commission in the preparation 

21 of the report. 

22 (e) RECOMMENDATIONS.—

23 (1) IN GENERAL.—In conjunction with the re24 port submitted under subsection (d)(3), the Commis25 sion shall provide the Attorney General and the Sec-
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1 retary of Health and Human Services with rec2 ommended national standards for enhancing the de3 tection, prevention, reduction, and punishment of 

4 prison rape. 

5 (2) MATTERS INCLUDED.—The information 

6 provided under paragraph (1) shall include rec7 ommended national standards relating to—

8 (A) the classification and assignment of 

9 prisoners, using proven standardized instru10 ments and protocols, in a manner that limits 

11 the occurrence of prison rape; 

12 (B) the investigation and resolution of rape 

13 complaints by responsible prison authorities, 

14 local and State police, and Federal and State 

15 prosecution authorities; 

16 (C) the preservation of physical and testi17 monial evidence for use in an investigation of 

18 the circumstances relating to the rape; 

19 (D) acute-term trauma care for rape vic20 tims, including standards relating to—

21 (i) the manner and extent of physical 

22 examination and treatment to be provided 

23 to any rape victim; and 

24 (ii) the manner and extent of any psy25 chological examination, psychiatric care, 
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1 medication, and mental health counseling 

2 to be provided to any rape victim; 

3 (E) referrals for long-term continuity of 

4 care for rape victims; 

5 (F) educational and medical testing meas6 ures for reducing the incidence of HIV trans7 mission due to prison rape; 

8 (G) post-rape prophylactic medical meas9 ures for reducing the incidence of transmission 

10 of sexual diseases due to prison rape; 

11 (H) the training of correctional staff suffi12 cient to ensure that they understand and appre13 ciate the significance of prison rape and the ne14 cessity of its eradication; 

15 (I) the timely and comprehensive investiga16 tion of staff sexual misconduct involving rape or 

17 other sexual assault on inmates; 

18 (J) ensuring the confidentiality of prison 

19 rape complaints and protecting inmates who 

20 make complaints of prison rape; 

21 (K) creating a system for reporting 

22 incidences of prison rape that will ensure the 

23 confidentiality of prison rape complaints, pro24 tect inmates who make prison rape complaints
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1 from retaliation, and assure the impartial reso2 lution of prison rape complaints; 

3 (L) data collection and reporting of—

4 (i) prison rape; 

5 (ii) prison staff sexual misconduct; 

6 and 

7 (iii) the resolution of prison rape com8 plaints by prison officials and Federal, 

9 State, and local investigation and prosecu10 tion authorities; and 

11 (M) such other matters as may reasonably 

12 be related to the detection, prevention, reduc13 tion, and punishment of prison rape. 

14 (3) LIMITATION.—The Commission shall not 

15 propose a recommended standard that would impose 

16 substantial additional costs compared to the costs 

17 presently expended by Federal, State, and local pris18 on authorities. 

19 (f) HEARINGS.—

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

21 public hearings. The Commission may hold such 

22 hearings, sit and act at such times and places, ad23 minister such oaths, take such testimony, and re24 ceive such evidence as the Commission considers ad25 visable to carry out its duties under this section. 
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1 (2) WITNESS EXPENSES.—Witnesses requested 

2 to appear before the Commission shall be paid the 

3 same fees as are paid to witnesses under section 

4 1821 of title 28, United State Code. The per diem 

5 and mileage allowances for witnesses shall be paid 

6 from funds appropriated to the Commission. 

7 (g) INFORMATION FROM FEDERAL OR STATE AGEN8 CIES.—The Commission may secure directly from any 

9 Federal department or agency such information as the 

10 Commission considers necessary to carry out its duties 

11 under this section. The Commission may request the head 

12 of any State or local department or agency to furnish such 

13 information to the Commission. 

14 (h) PERSONNEL MATTERS.—

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

16 Commission shall be allowed travel expenses, includ17 ing per diem in lieu of subsistence, at rates author18 ized for employees of agencies under subchapter I of 

19 chapter 57 of title 5, United States Code, while 

20 away from their homes or regular places of business 

21 in the performance of service for the Commission. 

22 (2) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 23 ⁄3 of the Commission, any 

24 Federal Government employee, with the approval of 

25 the head of the appropriate Federal agency, may be 
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1 detailed to the Commission without reimbursement, 

2 and such detail shall be without interruption or loss 

3 of civil service status, benefits, or privileges. 

4 (3) PROCUREMENT OF TEMPORARY AND INTER5 MITTENT SERVICES.—Upon the request of the Com6 mission, the Attorney General shall provide reason7 able and appropriate office space, supplies, and ad8 ministrative assistance.

9 (i) CONTRACTS FOR RESEARCH.—

(1) NATIONAL RESEARCH COUNCIL.—With a 2 10 ⁄3

11 affirmative vote, the Commission may select non12 governmental researchers and experts to assist the 

13 Commission in carrying out its duties under this 

14 Act. The National Research Council of the National 

15 Academy of Sciences shall contract with the re16 searchers and experts selected by the Commission to 

17 provide funding in exchange for their services. 

18 (2) OTHER ORGANIZATIONS.—Nothing in this 

19 subsection shall be construed to limit the ability of 

20 the Commission to enter into contracts with other 

21 entities or organizations for research necessary to 

22 carry out the duties of the Commission under this 

23 section. 

24 (j) SUBPOENAS.—
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1 (1) ISSUANCE.—The Commission may issue 

2 subpoenas for the attendance of witnesses and the 

3 production of written or other matter. 

4 (2) ENFORCEMENT.—In the case of contumacy 

5 or refusal to obey a subpoena, the Attorney General 

6 may in a Federal court of appropriate jurisdiction 

7 obtain an appropriate order to enforce the subpoena. 

8 (3) CONFIDENTIALITY OF DOCUMENTARY EVI9 DENCE.—Documents provided to the Commission 

10 pursuant to a subpoena issued under this subsection 

11 shall not be released publicly without the affirmative 

vote of 2 12 ⁄3 of the Commission. 

13 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the National Acad15 emy of Sciences such sums as may be necessary to carry 

16 out the purposes of this section. Any sums appropriated 

17 shall remain available, without fiscal year limitation, until 

18 expended. 

19 (l) TERMINATION.—The Commission shall terminate 

20 on the date that is 60 days after the date on which the 

21 Commission submits the reports required by this section. 

22 (m) EXEMPTION.—The Commission shall be exempt 

23 from the Federal Advisory Committee Act. 

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

25 (a) PUBLICATION OF PROPOSED STANDARDS.—
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1 (1) IN GENERAL.—Not later than 180 days 

2 after receiving the report required under section 

3 7(d)(3) from the National Prison Rape Reduction 

4 Commission, the Attorney General shall publish a 

5 notice of proposed rulemaking for the adoption of 

6 national standards for the detection, prevention, re7 duction, and punishment of prison rape. 

8 (2) INDEPENDENT JUDGMENT.—The standards 

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

10 independent judgment of the Attorney General, after 

11 giving due consideration to the recommended na12 tional standards provided by the Commission under 

13 section 7(e), and being informed by such data, opin14 ions, and proposals that the Attorney General deter15 mines to be appropriate to consider. 

16 (3) LIMITATION.—The Attorney General shall 

17 not establish a national standard under this section 

18 that would impose substantial additional costs com19 pared to the costs presently expended by Federal, 

20 State, and local prison authorities. The Attorney 

21 General may, however, provide a list of improve22 ments for consideration by correctional facilities. 

23 (4) FINAL RULE.—Not later than 1 year after 

24 receiving the report specified in paragraph (1), the 

25 Attorney General shall publish a final rule adopting
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1 national standards for the detection, prevention, re2 duction, and punishment of prison rape. 

3 (5) TRANSMISSION TO STATES.—Upon pub4 lishing the final rule under paragraph (4), the Attor5 ney General shall transmit the national standards 

6 adopted under such paragraph to the chief executive 

7 of each State and the head of the department of cor8 rections of each State. 

9 (b) APPLICABILITY TO FEDERAL BUREAU OF PRIS10 ONS.—The national standards referred to in subsection 

11 (a) shall apply to the Federal Bureau of Prisons imme12 diately upon adoption of the final rule under subsection 

13 (a)(4). 

14 (c) FUNDING INCREASE.—The proportional share of 

15 the total Federal funds of the grant programs designated 

16 under section 11 provided to a State shall be increased 

17 by 10 percent in the 2 fiscal years following the fiscal year 

18 in which the State enacts a statute that expressly adopts 

19 the national standards received by the State under sub20 section (a)(5), as applicable to that State. This increase 

21 shall be in addition to any other increase provided under 

22 this Act. 

23 (d) CERTIFICATION.—(1) Each State which adopts 

24 the national standards pursuant to section 8(c)(1) hereof 

25 shall, every two years, obtain, from an accreditation orga-
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1 nization that is in compliance with section 10 of this Act, 

2 a certification that the State is in compliance with the na3 tional standards and in particular has adopted a system 

4 that is adequate and effective to ensure compliance with 

5 the section 7(e)(2)(K) standards regarding the confiden6 tiality of prison rape complaints, protection of complain7 ants from retaliation, and impartial resolution of prison 

8 rape complaints. 

9 (2) The proportional share of the total Federal funds 

10 of the grant programs designated under section 11 pro11 vided to a State shall be increased by 10 percent for the 

12 2 fiscal years following the fiscal year in which the State 

13 achieves a certification under paragraph (1). This increase 

14 shall be in addition to any other increase provided under 

15 this Act, except it shall not be provided in addition to any 

16 increase under subsection (c) of this section. 

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

18 TREATMENT. 

19 (a) REVIEW OF MODEL PROGRAMS AND PROTO20 COLS.—Not later than 1 year after the date of enactment 

21 of this Act, the Secretary of Health and Human Services, 

22 in consultation with the Attorney General, shall complete 

23 a review of model programs and protocols for the response 

24 to and treatment of acute trauma for male and female 

25 rape victims within prisons and jails. 
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1 (b) MODEL STANDARDS.—

2 (1) IN GENERAL.—Upon completion of the re3 view required by subsection (a), the Secretary shall 

4 establish model standards relating to—

5 (A) the preservation of physical and testi6 monial evidence for use in an investigation of 

7 the circumstances relating to the rape; 

8 (B) the manner and extent of physical ex9 amination and treatment to be provided to any 

10 rape victim; 

11 (C) the manner and extent of any psycho12 logical examination, psychiatric care (including, 

13 if appropriate, medication), and mental health 

14 counseling to be provided to any rape victim; 

15 (D) the preservation of the confidentiality 

16 of information relating to prison rape victims; 

17 and 

18 (E) the production and dissemination with19 in a prison system of model response protocols 

20 and programs for the treatment of, investiga21 tion of, and response to prison rape. 

22 (2) LIMITATION.—The Secretary shall not es23 tablish a model standard that would impose substan24 tial additional costs compared to the costs presently 
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1 expended by Federal, State, and local prison au2 thorities. 

3 (c) SUMMARY.—

4 (1) IN GENERAL.—Upon completion of the re5 view required by subsection (a) and the establish6 ment of model standards required by subsection (b), 

7 the Secretary shall submit a summary of the results 

8 of the review and the model standards to the Na9 tional Prison Rape Reduction Commission. 

10 (2) CONTENTS.—The summary shall include, 

11 for each model standard, the estimated costs for im12 plementation of such standard and the basis for 

13 such estimates. 

14 SEC. 10. REQUIREMENT THAT ACCREDITATION ORGANIZA15 TIONS ADOPT ACCREDITATION STANDARDS. 

16 (a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwith17 standing any other provision of law, an organization re18 sponsible for the accreditation of Federal, State, local, or 

19 private prisons, jails, or other penal facilities may not ben20 efit from any Federal grants during any period in which 

21 such organization fails to meet any of the requirements 

22 of subsection (b). 

23 (b) REQUIREMENTS.—To be eligible to receive Fed24 eral grants, an accreditation organization referred to in 

25 subsection (a) must meet the following requirements: 
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1 (1) At all times after 90 days after the date of 

2 enactment of this Act, the organization shall have in 

3 effect, for each facility that it is responsible for ac4 crediting, accreditation standards for the detection, 

5 prevention, reduction, and punishment of prison 

6 rape. 

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

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

9 the organization shall, in addition to any other such 

10 standards that it may promulgate relevant to the de11 tection, prevention, reduction, and punishment of 

12 prison rape, adopt accreditation standards consistent 

13 with the national standards adopted pursuant to 

14 such final rule. 

15 SEC. 11. DESIGNATION OF GRANT PROGRAMS FOR FUND16 ING INCREASES; ADJUSTMENTS TO IN17 CREASES. 

18 (a) DESIGNATION OF GRANT PROGRAMS.—Not later 

19 than 120 days after the date of enactment of this Act, 

20 and on a fixed date each year thereafter, the Attorney 

21 General shall designate and publish a list of formula grant 

22 programs that, in combination, aggregate no less than 

23 $1,000,000,000 and no more than $3,000,000,000 in an24 nual Federal appropriations, which programs are most re25 lated to the failure to abate prison rape.
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1 (b) CAP ON INCREASES.—For any formula grant pro2 gram identified under subsection (a), the total dollar 

3 amount of any increase in the grant provided to any State 

4 or other entity under this Act shall not exceed 10 percent 

5 of the total Federal funds available under such grant pro6 gram. 

7 (c) SOURCE OF FUNDS FOR INCREASES.—For any 

8 increased grants provided under this Act to any entity 

9 under any grant program designated pursuant to sub10 section (a), the increased grant shall be provided first by 

11 funds redistributed from all grants under the program to 

12 entities that are not entitled to any increases under this 

13 Act, except that no grant shall be reduced by more than 

14 20 percent of the total grant funds that otherwise would 

15 have been awarded, and second by funds redistributed 

16 from all other grants under the program. 

17 (d) EFFECTIVE DATE OF INCREASE.—The programs 

18 designated under subsection (a) shall be subject to in19 creases under this Act in the first fiscal year that com20 mences after the date the Attorney General designates 

21 such programs. 

22 SEC. 12. DEFINITIONS. 

23 In this Act, the following definitions shall apply: 

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

25 knowledge’’ means contact between the penis and 
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1 the vulva or the penis and the anus, including pene2 tration of any sort, however slight. 

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

4 person incarcerated or detained in any facility who 

5 is accused of, convicted of, sentenced for, or adju6 dicated delinquent for, violations of criminal law or 

7 the terms and conditions of parole, probation, pre8 trial release, or diversionary program. 

9 (3) JAIL.—The term ‘‘jail’’ means a confine10 ment facility of a Federal, State, or local law en11 forcement agency to hold—

12 (A) persons pending adjudication of crimi13 nal charges; or 

14 (B) persons committed to confinement 

15 after adjudication of criminal charges for sen16 tences of 1 year or less. 

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

18 immunodeficiency virus. 

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

20 means contact between the mouth and the penis, the 

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

22 (6) POLICE LOCKUP.—The term ‘‘police lock23 up’’ means a temporary holding facility of a Federal, 

24 State, or local law enforcement agency to hold—
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1 (A) inmates pending bail or transport to 

2 jail; 

3 (B) inebriates until ready for release; or 

4 (C) juveniles pending parental custody or 

5 shelter placement. 

6 (7) PRISON.—The term ‘‘prison’’ means any 

7 confinement facility of a Federal, State, or local gov8 ernment, whether administered by such government 

9 or by a private organization on behalf of such gov10 ernment, and includes—

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

12 (B) any juvenile facility used for the cus13 tody or care of juvenile inmates. 

14 (8) PRISON RAPE.—The term ‘‘prison rape’’ in15 cludes the rape of an inmate in the actual or con16 structive control of prison officials. 

17 (9) RAPE.—The term ‘‘rape’’ means—

18 (A) the carnal knowledge, oral sodomy, 

19 sexual assault with an object, or sexual fondling 

20 of a person, forcibly or against that person’s 

21 will; 

22 (B) the carnal knowledge, oral sodomy, 

23 sexual assault with an object, or sexual fondling 

24 of a person not forcibly or against the person’s 

25 will, where the victim is incapable of giving con-
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1 sent because of his or her youth or his or her 

2 temporary or permanent mental or physical in3 capacity; or 

4 (C) the carnal knowledge, oral sodomy, 

5 sexual assault with an object, or sexual fondling 

6 of a person achieved through the exploitation of 

7 the fear or threat of physical violence or bodily 

8 injury. 

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

10 term ‘‘sexual assault with an object’’ means the use 

11 of any hand, finger, object, or other instrument to 

12 penetrate, however slightly, the genital or anal open13 ing of the body of another person. 

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

15 fondling’’ means the touching of the private body 

16 parts of another person (including the genitalia, 

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

18 purpose of sexual gratification. 

19 (12) EXCLUSIONS.—The terms and conditions 

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

21 to—

22 (A) custodial or medical personnel gath23 ering physical evidence, or engaged in other le24 gitimate medical treatment, in the course of in25 vestigating prison rape; 
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1 (B) the use of a health care provider’s 

2 hands or fingers or the use of medical devices 

3 in the course of appropriate medical treatment 

4 unrelated to prison rape; or 

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

6 hands or fingers and the use of instruments to 

7 perform body cavity searches in order to main8 tain security and safety within the prison or de9 tention facility, provided that the search is con10 ducted in a manner consistent with constitu11 tional requirements.

Æ