108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–219

PRISON RAPE REDUCTION ACT OF 2003

JULY 18, 2003.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 1707] 

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 1707) to provide for the analysis of the incidence and effects 

of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape, having considered the same, reports favorably thereon with an amendment and recommends that 

the bill as amended do pass.

CONTENTS 

Page 

The Amendment ...................................................................................................... 1

Purpose and Summary ............................................................................................ 13

Background and Need for the Legislation ............................................................. 13

Hearings ................................................................................................................... 14

Committee Consideration ........................................................................................ 14

Vote of the Committee ............................................................................................. 14

Committee Oversight Findings ............................................................................... 14

New Budget Authority and Tax Expenditures ...................................................... 15

Congressional Budget Office Cost Estimate .......................................................... 15

Performance Goals and Objectives ......................................................................... 17

Constitutional Authority Statement ...................................................................... 17

Section-by-Section Analysis and Discussion .......................................................... 17

Changes in Existing Law Made by the Bill, as Reported ..................................... 21

Markup Transcript .................................................................................................. 21

The amendment is as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Prison Rape Reduction Act of 

2003’’. 

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(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. National prison rape statistics, data, and research. 

Sec. 5. Prison rape prevention and prosecution. 

Sec. 6. Grants to protect inmates and safeguard communities. 

Sec. 7. National prison rape reduction commission. 

Sec. 8. Adoption and effect of national standards. 

Sec. 9. Requirement that accreditation organizations adopt accreditation standards. 

Sec. 10. Definitions.

SEC. 2. FINDINGS. 

Congress makes the following findings: 

(1) 2,100,146 persons were incarcerated in the United States at the end of 

2001: 1,324,465 in Federal and State Prisons and 631,240 in county and local 

jails. In 1999, there were more than 10,000,000 separate admissions to and discharges from prisons and jails. 

(2) Insufficient research has been conducted and insufficient data reported 

on the extent of prison rape. However, experts have conservatively estimated 

that at least 13 percent of the inmates in the United States have been sexually 

assaulted in prison. Many inmates have suffered repeated assaults. Under this 

estimate, nearly 200,000 inmates now incarcerated have been or will be the victims of prison rape. The total number of inmates who have been sexually assaulted in the past 20 years likely exceeds 1,000,000. 

(3) Inmates with mental illness are at increased risk of sexual victimization. America’s jails and prisons house more mentally ill individuals than all of 

the Nation’s psychiatric hospitals combined. As many as 16 percent of inmates 

in state prisons and jails, and 7 percent of Federal inmates, suffer from mental 

illness. 

(4) Young first-time offenders are at increased risk of sexual victimization. 

Juveniles are 5 times more likely to be sexually assaulted in adult rather than 

juvenile facilities—often within the first 48 hours of incarceration. 

(5) Most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults. 

(6) Prison rape often goes unreported, and inmate victims often receive inadequate treatment for the severe physical and psychological effects of sexual 

assault—if they receive treatment at all. 

(7) HIV and AIDS are major public health problems within America’s correctional facilities. In 2000, 25,088 inmates in Federal and State prisons were 

known to be infected with HIV/AIDS. In 2000, HIV/AIDS accounted for more 

than 6 percent of all deaths in Federal and State prisons. Infection rates for 

other sexually transmitted diseases, tuberculosis, and hepatitis B and C are 

also far greater for prisoners than for the American population as a whole. Prison rape undermines the public health by contributing to the spread of these diseases, and often giving a potential death sentence to its victims. 

(8) Prison rape endangers the public safety by making brutalized inmates 

more likely to commit crimes when they are released—as 600,000 inmates are 

each year. 

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

perpetrators and victims from prison, in the community at large. 

(10) Prison rape increases the level of homicides and other violence against 

inmates and staff, and the risk of insurrections and riots. 

(11) Victims of prison rape suffer severe physical and psychological effects 

that hinder their ability to integrate into the community and maintain stable 

employment upon their release from prison. They are thus more likely to become homeless and/or require government assistance. 

(12) Members of the public and government officials are largely unaware 

of the epidemic character of prison rape and the day-to-day horror experienced 

by victimized inmates. 

(13) The high incidence of sexual assault within prisons involves actual and 

potential violations of the United States Constitution. In Farmer v. Brennan, 

511 U.S. 825 (1994), the Supreme Court ruled that deliberate indifference to the 

substantial risk of sexual assault violates prisoners’ rights under the Cruel and 

Unusual Punishments Clause of the Eighth Amendment. The Eighth AmendVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR1707 HR1707
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ment rights of State and local prisoners are protected through the Due Process 

Clause of the Fourteenth Amendment. Pursuant to Congress’s power under Section Five of the Fourteenth Amendment, Congress may take action to enforce 

those rights in States where officials have demonstrated such indifference. 

States that do not take basic steps to abate prison rape by adopting standards 

that do not generate significant additional expenditures demonstrate such indifference. Therefore, such States are not entitled to the same level of Federal benefits as other States. 

(14) The high incidence of prison rape undermines the effectiveness and efficiency of United States Government expenditures through grant programs 

such as those dealing with health care; mental health care; disease prevention; 

crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment and homelessness. 

The effectiveness and efficiency of these Federally funded grant programs are 

compromised by officials’ failure to adopt policies and procedure that reduce the 

incidence of prison rape in that the high incidence of prison rape—

(A) increases the costs incurred by Federal, State, and local jurisdictions to administer their prison systems; 

(B) increases the levels of violence, directed at inmates and at staff, 

within prisons; 

(C) increases health care expenditures, both inside and outside of prison systems, and reduces the effectiveness of disease prevention programs 

by substantially increasing the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases; 

(D) increases mental health care expenditures, both inside and outside 

of prison systems, by substantially increasing the rate of post-traumatic 

stress disorder, depression, suicide, and the exacerbation of existing mental 

illnesses among current and former inmates; 

(E) increases the risks of recidivism, civil strife, and violent crime by 

individuals who have been brutalized by prison rape; and 

(F) increases the level of interracial tensions and strife within prisons 

and, upon release of perpetrators and victims, in the community at large. 

(15) The high incidence of prison rape has a significant effect on interstate 

commerce because it increases substantially—

(A) the costs incurred by Federal, State, and local jurisdictions to administer their prison systems; 

(B) the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B 

and C, and other diseases, contributing to increased health and medical expenditures throughout the Nation; 

(C) the rate of post-traumatic stress disorder, depression, suicide, and 

the exacerbation of existing mental illnesses among current and former inmates, contributing to increased health and medical expenditures throughout the Nation; and 

(D) the risk of recidivism, civil strife, and violent crime by individuals 

who have been brutalized by prison rape. 

SEC. 3. PURPOSES. 

The purposes of this Act are to—

(1) establish a zero-tolerance standard for the incidence of prison rape in 

prisons in the United States; 

(2) make the prevention of prison rape a top priority in each prison system; 

(3) develop and implement national standards for the detection, prevention, 

reduction, and punishment of prison rape; 

(4) increase the available data and information on the incidence of prison 

rape, consequently improving the management and administration of correctional facilities; 

(5) standardize the definitions used for collecting data on the incidence of 

prison rape; 

(6) increase the accountability of prison officials who fail to detect, prevent, 

reduce, and punish prison rape; 

(7) protect the Eighth Amendment rights of Federal, State, and local prisoners; 

(8) increase the efficiency and effectiveness of Federal expenditures through 

grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment; 

and homelessness; and 

(9) reduce the costs that prison rape imposes on interstate commerce. 

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

(a) ANNUAL COMPREHENSIVE STATISTICAL REVIEW.— (1) IN GENERAL.—The Bureau of Justice Statistics of the Department of Justice (in this section referred to as the ‘‘Bureau’’) shall carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and 

effects of prison rape. The statistical review and analysis shall include, but not 

be limited to the identification of the common characteristics of— (A) both victims and perpetrators of prison rape; and 

(B) prisons and prison systems with a high incidence of prison rape. 

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

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

(B) How the Bureau should collect information about staff-on-inmate 

sexual assault. 

(C) How the Bureau should collect information beyond inmate self-reports of prison rape. 

(D) How the Bureau should adjust the data in order to account for differences among prisons as required by subsection (c)(3). 

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

(F) Whether a preliminary study of prison rape should be conducted to 

inform the methodology of the comprehensive statistical review. 

(3) SOLICITATION OF VIEWS.—The Bureau of Justice Statistics shall solicit 

views from representatives of the following: State departments of correction; 

county and municipal jails; juvenile correctional facilities; former inmates; victim advocates; researchers; and other experts in the area of sexual assault. 

(4) SAMPLING TECHNIQUES.—The review and analysis under paragraph (1) 

shall be based on a random sample, or other scientifically appropriate sample, 

of not less than 10 percent of all Federal, State, and county prisons, and a representative sample of municipal prisons. The selection shall include at least one 

prison from each State. The selection of facilities for sampling shall be made 

at the latest practicable date prior to conducting the surveys and shall not be 

disclosed to any facility or prison system official prior to the time period studied 

in the survey. Selection of a facility for sampling during any year shall not preclude its selection for sampling in any subsequent year. 

(5) SURVEYS.—In carrying out the review and analysis under paragraph (1), 

the Bureau shall, in addition to such other methods as the Bureau considers 

appropriate, use surveys and other statistical studies of current and former inmates from a sample of Federal, State, county, and municipal prisons. The Bureau shall ensure the confidentiality of each survey participant. 

(6) PARTICIPATION IN SURVEY.—Federal, State, or local officials or facility 

administrators that receive a request from the Bureau under subsection (a)(4) 

or (5) will be required to participate in the national survey and provide access 

to any inmates under their legal custody. 

(b) REVIEW PANEL ON PRISON RAPE.—

(1) ESTABLISHMENT.—To assist the Bureau in carrying out the review and 

analysis under subsection (a), there is established, within the Department of 

Justice, the Review Panel on Prison Rape (in this section referred to as the 

‘‘Panel’’). 

(2) MEMBERSHIP.—

(A) COMPOSITION.—The Panel shall be composed of 3 members, each of 

whom shall be appointed by the Attorney General, in consultation with the 

Secretary of Health and Human Services. 

(B) QUALIFICATIONS.—Members of the Panel shall be selected from 

among individuals with knowledge or expertise in matters to be studied by 

the Panel. 

(3) PUBLIC HEARINGS.—

(A) IN GENERAL.—The duty of the Panel shall be to carry out, for each 

calendar year, public hearings concerning the operation of the three prisons 

with the highest incidence of prison rape and the two prisons with the lowest incidence of prison rape in each category of facilities identified under 

subsection (c)(4). The Panel shall hold a separate hearing regarding the 

three Federal or State prisons with the highest incidence of prison rape. 

The purpose of these hearings shall be to collect evidence to aid in the identification of common characteristics of both victims and perpetrators of prison rape, and the identification of common characteristics of prisons and 

prison systems with a high incidence of prison rape, and the identification 

of common characteristics of prisons and prison systems that appear to 

have been successful in deterring prison rape. 

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(B) TESTIMONY AT HEARINGS.—

(i) PUBLIC OFFICIALS.—In carrying out the hearings required under 

subparagraph (A), the Panel shall request the public testimony of Federal, State, and local officials (and organizations that represent such officials), including the warden or director of each prison, who bears responsibility for the prevention, detection, and punishment of prison 

rape at each entity, and the head of the prison system encompassing 

such prison. 

(ii) VICTIMS.—The Panel may request the testimony of prison rape 

victims, organizations representing such victims, and other appropriate 

individuals and organizations. 

(C) SUBPOENAS.—

(1) ISSUANCE.—The Panel may issue subpoenas for the attendance of witnesses and the production of written or other matter. 

(2) ENFORCEMENT.—In the case of contumacy or refusal to obey a subpoena, 

the Attorney General may in a Federal court of appropriate jurisdiction obtain 

an appropriate order to enforce the subpoena 

(c) REPORTS.—

(1) IN GENERAL.—Not later than June 30 of each year, the Attorney General 

shall submit a report on the activities of the Bureau and the Review Panel, with 

respect to prison rape, for the preceding calendar year to—

(A) Congress; and 

(B) the Secretary of Health and Human Services. 

(2) CONTENTS.—The report required under paragraph (1) shall include—

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

and psychological data; 

(B) with respect to the incidence of prison rape—

(i) statistical data aggregated at the Federal, State, prison system, 

and prison levels; 

(ii) a listing of those institutions in the representative sample, separated into each category identified under subsection (c)(4) and ranked 

according to the incidence of prison rape in each institution; and 

(iii) an identification of those institutions in the representative 

sample that appear to have been successful in deterring prison rape; 

and 

(C) a listing of any prisons in the representative sample that did not 

cooperate with the survey conducted pursuant to section 4. 

(3) DATA ADJUSTMENTS.—In preparing the information specified in paragraph (2), the Attorney General shall use established statistical methods to adjust the data as necessary to account for differences among institutions in the 

representative sample, which are not related to the detection, prevention, reduction and punishment of prison rape, or which are outside the control of the of 

the State, prison, or prison system, in order to provide an accurate comparison 

among prisons. Such differences may include the mission, security level, size, 

and jurisdiction under which the prison operates. For each such adjustment 

made, the Attorney General shall identify and explain such adjustment in the 

report. 

(4) CATEGORIZATION OF PRISONS.—The report shall divide the prisons surveyed into three categories. One category shall be composed of all Federal and 

State prisons. The other two categories shall be defined by the Attorney General 

in order to compare similar institutions. 

(d) CONTRACTS AND GRANTS.—In carrying out its duties under this section, the 

Attorney General may—

(1) provide grants for research through the National Institute of Justice; 

and 

(2) contract with or provide grants to any other entity the Attorney General 

deems appropriate. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $15,000,000 for each of fiscal years 2004 through 2010 to carry out this section. 

SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION. 

(a) INFORMATION AND ASSISTANCE.—

(1) NATIONAL CLEARINGHOUSE.—There is established within the National 

Institute of Corrections a national clearinghouse for the provision of information 

and assistance to Federal, State, and local authorities responsible for the prevention, investigation, and punishment of instances of prison rape. 

(2) TRAINING AND EDUCATION.—The National Institute of Corrections shall 

conduct periodic training and education programs for Federal, State, and local 

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authorities responsible for the prevention, investigation, and punishment of instances of prison rape. 

(b) REPORTS.—

(1) IN GENERAL.—Not later than September 30 of each year, the National 

Institute of Corrections shall submit a report to Congress and the Secretary of 

Health and Human Services. This report shall be available to the Director of 

the Bureau of Justice Statistics. 

(2) CONTENTS.—The report required under paragraph (1) shall summarize 

the activities of the Department of Justice regarding prison rape abatement for 

the preceding calendar year. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 for each of fiscal years 2004 through 2010 to carry out this section. 

SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD COMMUNITIES. 

(a) GRANTS AUTHORIZED.—From amounts made available for grants under this 

section, the Attorney General shall make grants to States to assist those States in 

ensuring that budgetary circumstances (such as reduced State and local spending 

on prisons) do not compromise efforts to protect inmates (particularly from prison 

rape) and to safeguard the communities to which inmates return. The purpose of 

grants under this section shall be to provide funds for personnel, training, technical 

assistance, data collection, and equipment to prevent and prosecute prisoner rape. 

(b) USE OF GRANT AMOUNTS.—Amounts received by a grantee under this section 

may be used by the grantee, directly or through subgrants, only for one or more of 

the following activities: 

(1) PROTECTING INMATES.—Protecting inmates by—

(A) undertaking efforts to more effectively prevent prison rape; 

(B) investigating incidents of prison rape; or 

(C) prosecuting incidents of prison rape. 

(2) SAFEGUARDING COMMUNITIES.—Safeguarding communities by—

(A) making available, to officials of State and local governments who 

are considering reductions to prison budgets, training and technical assistance in successful methods for moderating the growth of prison populations 

without compromising public safety, including successful methods used by 

other jurisdictions; 

(B) developing and utilizing analyses of prison populations and risk assessment instruments that will improve State and local governments’ understanding of risks to the community regarding release of inmates in the 

prison population; 

(C) preparing maps demonstrating the concentration, on a communityby-community basis, of inmates who have been released, to facilitate the efficient and effective—

(i) deployment of law enforcement resources (including probation 

and parole resources); and 

(ii) delivery of services (such as job training and substance abuse 

treatment) to those released inmates; 

(D) promoting collaborative efforts, among officials of State and local 

governments and leaders of appropriate communities, to understand and 

address the effects on a community of the presence of a disproportionate 

number of released inmates in that community; or 

(E) developing policies and programs that reduce spending on prisons 

by effectively reducing rates of parole and probation revocation without 

compromising public safety. 

(c) GRANT REQUIREMENTS.—

(1) PERIOD.—A grant under this section shall be made for a period of not 

more than 2 years. 

(2) MAXIMUM.—The amount of a grant under this section may not exceed 

$1,000,000. 

(3) MATCHING.—The Federal share of a grant under this section may not 

exceed 50 percent of the total costs of the project described in the application 

submitted under subsection (d) for the fiscal year for which the grant was made 

under this section. 

(d) APPLICATIONS.—

(1) IN GENERAL.—To request a grant under this section, the chief executive 

of a State shall submit an application to the Attorney General at such time, in 

such manner, and accompanied by such information as the Attorney General 

may require. 

(2) CONTENTS.—Each application required by paragraph (1) shall—

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(A) include the certification of the chief executive that the State receiving such grant—

(i) has adopted all national prison rape standards that, as of the 

date on which the application was submitted, have been promulgated 

under this Act; and 

(ii) will consider adopting all national prison rape standards that 

are promulgated under this Act after such date; 

(B) specify with particularity the preventative, prosecutorial, or administrative activities to be undertaken by the State with the amounts received 

under the grant; and 

(C) in the case of an application for a grant for one or more activities 

specified in paragraph (2) of subsection (b)—

(i) review the extent of the budgetary circumstances affecting the 

State generally and describe how those circumstances relate to the 

State’s prisons; 

(ii) describe the rate of growth of the State’s prison population over 

the preceding 10 years and explain why the State may have difficulty 

sustaining that rate of growth; and 

(iii) explain the extent to which officials (including law enforcement 

officials) of State and local governments and victims of crime will be 

consulted regarding decisions whether, or how, to moderate the growth 

of the State’s prison population. 

(e) REPORTS BY GRANTEE.—

(1) IN GENERAL.—The Attorney General shall require each grantee to submit, not later than 90 days after the end of the period for which the grant was 

made under this section, a report on the activities carried out under the grant. 

The report shall identify and describe those activities and shall contain an evaluation of the effect of those activities on—

(A) the number of incidents of prison rape, and the grantee’s response 

to such incidents; and 

(B) the safety of the prisons, and the safety of the communities in 

which released inmates are present. 

(2) DISSEMINATION.—The Attorney General shall ensure that each report submitted under paragraph (1) is made available under the national clearinghouse established under section 5. 

(f) STATE DEFINED.—In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of 

the United States. 

(g) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated for grants under 

this section $40,000,000 for each of fiscal years 2004 through 2010. 

(2) LIMITATION.—Of amounts made available for grants under this section, 

not less than 50 percent shall be available only for activities specified in paragraph (1) of subsection (b). 

SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION. 

(a) ESTABLISHMENT.—There is established a commission to be known as the National Prison Rape Reduction Commission (in this section referred to as the ‘‘Commission’’). 

(b) MEMBERS.—

(1) IN GENERAL.—The Commission shall be composed of 9 members, of 

whom—

(A) 3 shall be appointed by the President; 

(B) 2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which 

case 1 shall be appointed by the Speaker of the House of Representatives 

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

(C) 1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph 

(B)); 

(D) 2 shall be appointed by the majority leader of the Senate, unless 

the majority leader is of the same party as the President, in which case 1 

shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and 

(E) 1 member appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)). 

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(2) PERSONS ELIGIBLE.—Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission. 

(3) CONSULTATION REQUIRED.—The President, the Speaker and minority 

leader of the House of Representatives, and the majority leader and minority 

leader of the Senate shall consult with one another prior to the appointment 

of the members of the Commission to achieve, to the maximum extent possible, 

fair and equitable representation of various points of view with respect to the 

matters to be studied by the Commission. 

(4) TERM.—Each member shall be appointed for the life of the Commission. 

(5) TIME FOR INITIAL APPOINTMENTS.—The appointment of the members 

shall be made not later than 60 days after the date of enactment of this Act. 

(6) VACANCIES.—A vacancy in the Commission shall be filled in the manner 

in which the original appointment was made, and shall be made not later than 

60 days after the date on which the vacancy occurred. 

(c) OPERATION.—

(1) CHAIRPERSON.—Not later than 15 days after appointments of all the 

members are made, the President shall appoint a chairperson for the Commission from among its members. 

(2) MEETINGS.—The Commission shall meet at the call of the chairperson. 

The initial meeting of the Commission shall take place not later than 30 days 

after the initial appointment of the members is completed. 

(3) QUORUM.—A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. 

(4) RULES.—The Commission may establish by majority vote any other 

rules for the conduct of Commission business, if such rules are not inconsistent 

with this Act or other applicable law. 

(d) COMPREHENSIVE STUDY OF THE IMPACTS OF PRISON RAPE.—

(1) IN GENERAL.—The Commission shall carry out a comprehensive legal 

and factual study of the penalogical, physical, mental, medical, social, and economic impacts of prison rape in the United States on—

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

(B) communities and social institutions generally, including individuals, 

families, and businesses within such communities and social institutions. 

(2) MATTERS INCLUDED.—The study under paragraph (1) shall include—

(A) a review of existing Federal, State, and local government policies 

and practices with respect to the prevention, detection, and punishment of 

prison rape; 

(B) an assessment of the relationship between prison rape and prison 

conditions, and of existing monitoring, regulatory, and enforcement practices that are intended to address any such relationship; 

(C) an assessment of pathological or social causes of prison rape; 

(D) an assessment of the extent to which the incidence of prison rape 

contributes to the spread of sexually transmitted diseases and to the transmission of HIV; 

(E) an assessment of the characteristics of inmates most likely to commit prison rape and the effectiveness of various types of treatment or programs to reduce such likelihood; 

(F) an assessment of the characteristics of inmates most likely to be 

victims of prison rape and the effectiveness of various types of treatment 

or programs to reduce such likelihood; 

(G) an assessment of the impacts of prison rape on individuals, families, social institutions and the economy generally, including an assessment 

of the extent to which the incidence of prison rape contributes to recidivism 

and to increased incidence of sexual assault; 

(H) an examination of the feasibility and cost of conducting surveillance, undercover activities, or both, to reduce the incidence of prison rape; 

(I) an assessment of the safety and security of prison facilities and the 

relationship of prison facility construction and design to the incidence of 

prison rape; 

(J) an assessment of the feasibility and cost of any particular proposals 

for prison reform; 

(K) an identification of the need for additional scientific and social 

science research on the prevalence of prison rape in Federal, State, and 

local prisons; 

(L) an assessment of the general relationship between prison rape and 

prison violence; 

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(M) an assessment of the relationship between prison rape and levels 

of training, supervision, and discipline of prison staff; and 

(N) an assessment of existing Federal and State systems for reporting 

incidents of prison rape, including an assessment of whether existing systems provide an adequate assurance of confidentiality, impartiality and the 

absence of reprisal. 

(3) REPORT.— (A) DISTRIBUTION.—Not later than 2 years after the date of the initial 

meeting of the Commission, the Commission shall submit a report on the 

study carried out under this subsection to— (i) the President; 

(ii) the Congress; 

(iii) the Attorney General; 

(iv) the Secretary of Health and Human Services; 

(v) the Director of the Federal Bureau of Prisons; 

(vi) the chief executive of each State; and 

(vii) the head of the department of corrections of each State. 

(B) CONTENTS.—The report under subparagraph (A) shall include— (i) the findings and conclusions of the Commission; 

(ii) recommended national standards for reducing prison rape; 

(iii) recommended protocols for preserving evidence and treating 

victims of prison rape; and 

(iv) a summary of the materials relied on by the Commission in the 

preparation of the report. 

(e) RECOMMENDATIONS.—

(1) IN GENERAL.—In conjunction with the report submitted under subsection 

(d)(3), the Commission shall provide the Attorney General and the Secretary of 

Health and Human Services with recommended national standards for enhancing the detection, prevention, reduction, and punishment of prison rape. 

(2) MATTERS INCLUDED.—The information provided under paragraph (1) 

shall include recommended national standards relating to—

(A) the classification and assignment of prisoners, using proven standardized instruments and protocols, in a manner that limits the occurrence 

of prison rape; 

(B) the investigation and resolution of rape complaints by responsible 

prison authorities, local and State police, and Federal and State prosecution 

authorities; 

(C) the preservation of physical and testimonial evidence for use in an 

investigation of the circumstances relating to the rape; 

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

(i) the manner and extent of physical examination and treatment 

to be provided to any rape victim; and 

(ii) the manner and extent of any psychological examination, psychiatric care, medication, and mental health counseling to be provided 

to any rape victim; 

(E) referrals for long-term continuity of care for rape victims; 

(F) educational and medical testing measures for reducing the incidence of HIV transmission due to prison rape; 

(G) post-rape prophylactic medical measures for reducing the incidence 

of transmission of sexual diseases; 

(H) the training of correctional staff sufficient to ensure that they understand and appreciate the significance of prison rape and the necessity 

of its eradication; 

(I) the timely and comprehensive investigation of staff sexual misconduct involving rape or other sexual assault on inmates; 

(J) ensuring the confidentiality of prison rape complaints and protecting inmates who make complaints of prison rape; 

(K) creating a system for reporting incidents of prison rape that will 

ensure the confidentiality of prison rape complaints, protect inmates who 

make prison rape complaints from retaliation, and assure the impartial resolution of prison rape complaints; 

(L) data collection and reporting of—

(i) prison rape; 

(ii) prison staff sexual misconduct; and 

(iii) the resolution of prison rape complaints by prison officials and 

Federal, State, and local investigation and prosecution authorities; and 

(M) such other matters as may reasonably be related to the detection, 

prevention, reduction, and punishment of prison rape. 

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(3) LIMITATION.—The Commission shall not propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities. 

(f) CONSULTATION WITH ACCREDITATION ORGANIZATIONS.—In developing recommended national standards for enhancing the detection, prevention, reduction, 

and punishment of prison rape, the Commission shall consider any standards that 

have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation organizations responsible for the accreditation of Federal, State, local or private prisons, that 

have developed or are currently developing standards related to prison rape. The 

Commission will also consult with national associations representing the corrections 

profession that have developed or are currently developing standards related to prison rape. 

(g) HEARINGS.—

(1) IN GENERAL.—The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such 

testimony, and receive such evidence as the Commission considers advisable to 

carry out its duties under this section. 

(2) WITNESS EXPENSES.—Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 

of title 28, United State Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. 

(h) INFORMATION FROM FEDERAL OR STATE AGENCIES.—The Commission may 

secure directly from any Federal department or agency such information as the 

Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish 

such information to the Commission. 

(i) PERSONNEL MATTERS.—

(1) TRAVEL EXPENSES.—The members of the Commission shall be allowed 

travel expenses, including per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 57 of title 5, United 

States Code, while away from their homes or regular places of business in the 

performance of service for the Commission. 

(2) DETAIL OF FEDERAL EMPLOYEES.—With the affirmative vote of 2⁄3 of the 

Commission, any Federal Government employee, with the approval of the head 

of the appropriate Federal agency, may be detailed to the Commission without 

reimbursement, and such detail shall be without interruption or loss of civil 

service status, benefits, or privileges. 

(3) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—Upon the 

request of the Commission, the Attorney General shall provide reasonable and 

appropriate office space, supplies, and administrative assistance. 

(j) CONTRACTS FOR RESEARCH.—

(1) NATIONAL INSTITUTE OF JUSTICE.—With a 2⁄3 affirmative vote, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this Act. The National Institute of Justice shall contract with the researchers and experts selected by the Commission 

to provide funding in exchange for their services. 

(2) OTHER ORGANIZATIONS.—Nothing in this subsection shall be construed 

to limit the ability of the Commission to enter into contracts with other entities 

or organizations for research necessary to carry out the duties of the Commission under this section. 

(k) SUBPOENAS.—

(1) ISSUANCE.—The Commission may issue subpoenas for the attendance of 

witnesses and the production of written or other matter. 

(2) ENFORCEMENT.—In the case of contumacy or refusal to obey a subpoena, 

the Attorney General may in a Federal court of appropriate jurisdiction obtain 

an appropriate order to enforce the subpoena. 

(3) CONFIDENTIALITY OF DOCUMENTARY EVIDENCE.—Documents provided to 

the Commission pursuant to a subpoena issued under this subsection shall not 

be released publicly without the affirmative vote of 2⁄3 of the Commission. 

(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as may be necessary to carry out this section. 

(m) TERMINATION.—The Commission shall terminate on the date that is 60 days 

after the date on which the Commission submits the reports required by this section. 

(n) EXEMPTION.—The Commission shall be exempt from the Federal Advisory 

Committee Act. 

11

SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 

(a) PUBLICATION OF PROPOSED STANDARDS.—

(1) FINAL RULE.—Not later than 1 year after receiving the report specified 

in section 7(d)(3), the Attorney General shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of 

prison rape. 

(2) INDEPENDENT JUDGMENT.—The standards referred to in paragraph (1) 

shall be based upon the independent judgment of the Attorney General, after 

giving due consideration to the recommended national standards provided by 

the Commission under section 7(e), and being informed by such data, opinions, 

and proposals that the Attorney General determines to be appropriate to consider. 

(3) LIMITATION.—The Attorney General shall not establish a national standard under this section that would impose substantial additional costs compared 

to the costs presently expended by Federal, State, and local prison authorities. 

The Attorney General may, however, provide a list of improvements for consideration by correctional facilities. 

(4) TRANSMISSION TO STATES.—Within 90 days of publishing the final rule 

under paragraph (1), the Attorney General shall transmit the national standards adopted under such paragraph to the chief executive of each State, the 

head of the department of corrections of each State, and to the appropriate authorities in those units of local government who oversee operation in one or 

more prisons. 

(b) APPLICABILITY TO FEDERAL BUREAU OF PRISONS.—The national standards referred to in subsection (a) shall apply to the Federal Bureau of Prisons immediately 

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

(c) ELIGIBILITY FOR FEDERAL FUNDS.—

(1) COVERED PROGRAMS.—

(A) IN GENERAL.—For purposes of this subsection, a grant program is 

covered by this subsection if, and only if—

(i) the program is carried out by or under the authority of the Attorney General; and 

(ii) the program may provide amounts to States for prison purposes. 

(B) LIST.—For each fiscal year, the Attorney General shall prepare a 

list identifying each program that meets the criteria of subparagraph (A) 

and provide that list to each State. 

(2) ADOPTION OF NATIONAL STANDARDS.—For each fiscal year, any amount 

that a State would otherwise receive for prison purposes for that fiscal year 

under a grant program covered by this subsection shall be reduced by 5 percent, 

unless the chief executive of the State submits to the Attorney General—

(A) a certification that the State has adopted, and is in full compliance 

with, the national standards described in section 8(a); or 

(B) an assurance that not less than 5 percent of such amount shall be 

used only for the purpose of enabling the State to adopt, and achieve full 

compliance with, those national standards, so as to ensure that a certification under subparagraph (A) may be submitted in future years. 

(3) REPORT ON NONCOMPLIANCE.—Not later than September 30 of each year, 

the Attorney General shall publish a report listing each grantee that is not in 

compliance with the national standards adopted pursuant to section 8(a). 

(4) COOPERATION WITH SURVEY.—For each fiscal year, any amount that a 

State receives for that fiscal year under a grant program covered by this subsection shall not be used for prison purposes (and shall be returned to the grant 

program if no other authorized use is available), unless the chief executive of 

the State submits to the Attorney General a certification that neither the State, 

nor any political subdivision or unit of local government within the State, is listed in a report issued by the Attorney General pursuant to section 4(c)(2)(C). 

(5) REDISTRIBUTION OF AMOUNTS.—Amounts under a grant program not 

granted by reason of a reduction under paragraph (2), or returned by reason 

of the prohibition in paragraph (4), shall be granted to one or more entities not 

subject to such reduction or such prohibition, subject to the other laws governing that program. 

(6) IMPLEMENTATION.—The Attorney General shall establish procedures to 

implement this subsection, including procedures for effectively applying this 

subsection to discretionary grant programs. 

(7) EFFECTIVE DATE.—

(A) REQUIREMENT OF ADOPTION OF STANDARDS.—The first grants to 

which paragraph (2) applies are grants for the second fiscal year beginning 

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after the date on which the national standards under section 8(a) are finalized. 

(B) REQUIREMENT FOR COOPERATION.—The first grants to which paragraph (4) applies are grants for the fiscal year beginning after the date of 

the enactment of this Act. 

SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZATIONS ADOPT ACCREDITATION 

STANDARDS. 

(a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwithstanding any other provision of 

law, an organization responsible for the accreditation of Federal, State, local, or private prisons, jails, or other penal facilities may not receive any new Federal grants 

during any period in which such organization fails to meet any of the requirements 

of subsection (b). 

(b) REQUIREMENTS.—To be eligible to receive Federal grants, an accreditation 

organization referred to in subsection (a) must meet the following requirements: 

(1) At all times after 90 days after the date of enactment of this Act, the 

organization shall have in effect, for each facility that it is responsible for accrediting, accreditation standards for the detection, prevention, reduction, and 

punishment of prison rape. 

(2) At all times after 1 year after the date of the adoption of the final rule 

under section 8(a)(4), the organization shall, in addition to any other such 

standards that it may promulgate relevant to the detection, prevention, reduction, and punishment of prison rape, adopt accreditation standards consistent 

with the national standards adopted pursuant to such final rule. 

SEC. 10. DEFINITIONS. 

In this Act, the following definitions shall apply: 

(1) CARNAL KNOWLEDGE.—The term ‘‘carnal knowledge’’ means contact between the penis and the vulva or the penis and the anus, including penetration 

of any sort, however slight. 

(2) INMATE.—The term ‘‘inmate’’ means any person incarcerated or detained 

in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, 

probation, pretrial release, or diversionary program. 

(3) JAIL.—The term ‘‘jail’’ means a confinement facility of a Federal, State, 

or local law enforcement agency to hold—

(A) persons pending adjudication of criminal charges; or 

(B) persons committed to confinement after adjudication of criminal 

charges for sentences of 1 year or less. 

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

(5) ORAL SODOMY.—The term ‘‘oral sodomy’’ means contact between the 

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

(6) POLICE LOCKUP.—The term ‘‘police lockup’’ means a temporary holding 

facility of a Federal, State, or local law enforcement agency to hold—

(A) inmates pending bail or transport to jail; 

(B) inebriates until ready for release; or 

(C) juveniles pending parental custody or shelter placement. 

(7) PRISON.—The term ‘‘prison’’ means any confinement facility of a Federal, 

State, or local government, whether administered by such government or by a 

private organization on behalf of such government, and includes—

(A) any local jail or police lockup; and 

(B) any juvenile facility used for the custody or care of juvenile inmates. 

(8) PRISON RAPE.—The term ‘‘prison rape’’ includes the rape of an inmate 

in the actual or constructive control of prison officials. 

(9) RAPE.—The term ‘‘rape’’ means—

(A) the carnal knowledge, oral sodomy, sexual assault with an object, 

or sexual fondling of a person, forcibly or against that person’s will; 

(B) the carnal knowledge, oral sodomy, sexual assault with an object, 

or sexual fondling of a person not forcibly or against the person’s will, 

where the victim is incapable of giving consent because of his or her youth 

or his or her temporary or permanent mental or physical incapacity; or 

(C) the carnal knowledge, oral sodomy, sexual assault with an object, 

or sexual fondling of a person achieved through the exploitation of the fear 

or threat of physical violence or bodily injury. 

(10) SEXUAL ASSAULT WITH AN OBJECT.—The term ‘‘sexual assault with an 

object’’ means the use of any hand, finger, object, or other instrument to penetrate, however slightly, the genital or anal opening of the body of another person. 

13

(11) SEXUAL FONDLING.—The term ‘‘sexual fondling’’ means the touching of 

the private body parts of another person (including the genitalia, anus, groin, 

breast, inner thigh, or buttocks) for the purpose of sexual gratification. 

(12) EXCLUSIONS.—The terms and conditions described in paragraphs (9) 

and (10) shall not apply to—

(A) custodial or medical personnel gathering physical evidence, or engaged in other legitimate medical treatment, in the course of investigating 

prison rape; 

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

medical devices in the course of appropriate medical treatment unrelated 

to prison rape; or 

(C) the use of a health care provider’s hands or fingers and the use of 

instruments to perform body cavity searches in order to maintain security 

and safety within the prison or detention facility, provided that the search 

is conducted in a manner consistent with constitutional requirements.

PURPOSE AND SUMMARY

H.R. 1707, the ‘‘Prison Rape Reduction Act of 2003’’ makes prevention of prison rape a priority for Federal, State, and local institutions and develops national standards for detection, prevention, 

reduction, and punishment of prison rape. The legislation requires 

State and local governments to work with the Federal Bureau of 

Justice Statistics (BJS) to study the number and effects of incidents of sexual assaults in correctional facilities and to adopt and 

maintain compliance with the national standards developed by the 

Attorney General. 

All sections of the bill are intended to address the problem of inmates who are raped by fellow inmates as well as the equally serious problem of inmates who are raped by correctional staff and 

contractors. 

BACKGROUND AND NEED FOR THE LEGISLATION

More than 2 million individuals were incarcerated in the United 

States at the end of 2001. Although most correctional facilities 

have procedures in place to protect inmates against violence from 

other inmates while they are incarcerated, often these procedures 

are not enough. There is very little data regarding the number of 

violent incidents that occur in correctional facilities, and even less 

data on the incidence of sexual assaults in prisons. Estimates put 

the incidence of sexual assaults as high as 13 percent of the inmates or as low as 3 percent. However, regardless of percentages, 

it is generally agreed that these incidents have real consequences 

for the physical, emotional, and psychological well-being of the prisoners, who may 1 day be released into society. 

The original legislation mandated a study to determine the incidents and effects of sexual assault in correctional facilities and, 

provide accurate data for the first time on the number of incidents. 

The legislation as introduced was controversial due to its grant 

funding scheme. For institutions that complied with the Federal 

Government standards and requests for information, it would have 

increased the amount of all grant funding a State or local government receives by 10 percent, at the expense of those States who do 

not comply with such requests or adopt such standards. Additionally, because this legislation required that the grant funds designated must aggregate a minimum of $1 billion (affecting approximately one-third of all grants at the Office of Justice Programs), 

14

many different grants for many entities that have no relationship 

to prisons might have been affected. 

Due to the controversial provisions in the original legislation, a 

compromise was reached after negotiation among all the affected 

parties. A bipartisan substitute amendment representing that compromise was then reported favorably by the Subcommittee on 

Crime, Terrorism, and Homeland Security. 

The substitute amendment still requires a study on the incidence 

and effects of sexual assault in correctional facilities and provide 

accurate data for the first time on the number of incidents; however, the controversial provisions have been changed. The substitute no longer rewards States and institutions who are invited 

to testify at the expense of other States and institutions. Additionally, the grant program provisions were revised in the substitute 

to specifically target only those grant programs which award funds 

to State and local prisons. The substitute requires States to adopt 

national standards for the prevention and prosecution of prison 

rape. States that do not adopt these standards can lose 5 percent 

of prison funds unless they choose to redirect those funds to become compliant with the national standards. 

The provisions of this legislation, including both the reporting requirements and the standards and protections developed by the Attorney General, are intended to apply to all individuals detained in 

the United States in both civil and criminal detentions. 

HEARINGS

The Committee’s Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on H.R. 1707 on April 29, 2003. Testimony was received from four witnesses, Tracy Henke, Principal 

Deputy Assistant Attorney General, Office of Justice Programs, 

U.S. Department of Justice, Asbel T. Wall, II, Director, Department 

of Corrections, State of Rhode Island, Charles Kehoe, President, 

American Correctional Association, and Frank Hall, Director, Eagle 

Group, and with additional material submitted by fifteen individuals and organizations. 

COMMITTEE CONSIDERATION

On June 11, 2003, the Subcommittee on Crime, Terrorism, and 

Homeland Security met in open session and ordered favorably reported the bill H.R. 1707, with an amendment, by a voice vote, a 

quorum being present. On July 9, 2003, the Committee met in open 

session and ordered favorably reported the bill H.R. 1707, with an 

amendment, by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee consideration of H.R. 1707. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activiVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707
15

ties under clause 2(b)(1) of Rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

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

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of Rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 1707, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974:

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 17, 2003. 

Hon. F. JAMES SENSENBRENNER, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1707, the Prison Rape Reduction Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN.

Enclosure

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 1707—Prison Rape Reduction Act of 2003. 

SUMMARY

H.R. 1707 would authorize the appropriation of:

• $15 million for each of the fiscal years 2004 through 2010 for 

the Department of Justice (DOJ) to carry out comprehensive 

statistical analyses of prison rape incidents nationwide;

• $5 million annually over the 2004–2010 period for DOJ to 

provide training and other assistance to federal, State, and 

local prison authorities to deter prison rape;

• $40 million annually over the 2004–2010 period for the DOJ 

to make grants to States to prevent and prosecute prison 

rape; and

• such sums as necessary to establish the National Prison 

Rape Reduction Commission, which would have two years to 

conduct a comprehensive study of the impacts of prison rape.

Assuming appropriation of the necessary amounts, CBO estimates that implementing 

16

H.R. 1707 would cost $236 million over the 2004–2008 period. 

Enacting this legislation would not affect direct spending or revenues. 

H.R. 1707 contains intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA), 

but CBO estimates that the costs of complying with those mandates would be significantly below the thresholds established under 

that act ($59 million for intergovernmental mandates and $117 

million for private-sector mandates in 2003, adjusted for inflation). 

It also would provide benefits to State, local, and tribal governments in the form of new grant programs. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

For this estimate, CBO assumes that H.R. 1707 will be enacted 

by the end of fiscal year 2003, that the necessary amounts will be 

appropriated by the beginning of each fiscal year, and that outlays 

will follow the historical spending rates for these or similar activities. The estimated budgetary impact of H.R. 1707 is shown in the 

following table. The costs of this legislation fall within budget function 750 (administration of justice).

INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 1707 contains intergovernmental and private-sector mandates as defined in UMRA. It would require State, local, or tribal 

governments and entities in the private sector, if subpoenaed, to attend and produce written or other matter at hearings conducted by 

the Review Panel on Prison Rape and the National Prison Rape Reduction Commission. CBO expects that the panel and commission 

would likely exercise their subpoena power sparingly and that the 

costs to comply with a subpoena would not be significant. CBO estimates that the cost of those mandates to public and private entities 

would be small and well below the relevant annual thresholds established by UMRA. 

In addition, this bill would provide benefits to State, local, and 

tribal governments. It would authorize appropriations of $315 million over seven years for new training and grant programs and 

would create a new information clearinghouse to assist local offiVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

CBO1707.eps
17

cials. Eligibility requirements, such as the adoption of current national standards, would be conditions of federal aid and not mandates as defined in UMRA. 

This bill would direct the Attorney General to adopt national 

standards for the prevention of prison rape. Though the language 

specifies that those standards may not place substantial additional 

costs on federal, State, or local prison authorities, CBO has no 

basis for estimating what those standards might be or what costs 

State and local governments would face in complying with them. 

Finally, the bill would add new conditions for existing grant programs. States that refused, or had localities that refused, to participate in the federal survey on prison rape would be required to return federal funds they received for prisons. In addition, State 

grant awards would be reduced by 5 percent if they did not comply 

with national standards or agree to use at least 5 percent of any 

federal grant money for prisons to maintain their compliance with 

the national standards. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz (226–2860) 

Impact on State, Local, and Tribal Governments: Melissa Merrell 

(225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Robert A. Sunshine 

Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the House 

of Representatives, the Committee sets forth these performance 

goals and objectives. H.R. 1707 authorizes funding for a grant program to make 1 year grants to State and local governments to prevent, investigate, and punish prison rape or to help in addressing 

prisoner and community safety issues in States facing budget crises. Additional funding is authorized to study the number and effects of incidents of sexual assaults in correctional facilities and to 

adopt and maintain compliance with the national standards developed by the Attorney General. The Committee goal is that these 

programs will reduce or eliminate the incidence of prison rape in 

Federal, State, and local institutions. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Section 1. Short Title. Table of Contents 

This section sets forth the short title and the table of contents 

for the legislation. 

18

Section 2. Findings 

This section makes certain findings regarding the number of persons who are incarcerated in the United States and estimates the 

number of rapes that have occurred or will occur in the prisons. It 

also sets forth the social, economic, health, and psychological effects of rape on prisoners and the community. The section also cites 

constitutional considerations that may be raised with regard to deliberate indifference to prison rape. 

Section 3. Purposes 

This section establishes the purpose of this act to make collection 

of data on, and prevention of, sexual assault within correctional institutions a priority and to develop national standards that Federal, State, and local correctional institutions must follow for detection, prevention, reduction, and punishment of prison rape. 

Section 4. National Prison Rape Statistics, Data, and Research 

a) Annual Comprehensive Statistical Review 

This section requires the Bureau of Justice Statistics (BJS), 

using random sampling, to collect statistics annually on inmates involved in sexual assaults in correctional facilities and prisons. Any 

State or local official or facility that declines to participate in the 

national survey or prohibits access to any inmate in custody will 

lose Federal prison grant funding for facilities under their jurisdiction. 

b) Review Panel on Prison Rape 

Bureau of Justice Statistics shall establish a Review Panel on 

Prison Rape consisting of three members with expertise in this 

area. The panel shall conduct public hearings concerning the operation of prisons to collect evidence to aid in the identification of 

common characteristics of prisons with both high and low 

incidences of rape. 

The Panel shall request the public testimony of Federal, State, 

and local officials, including the warden or director of institutions, 

who bear the responsibility for prevention, detection, or punishment of rape. The Panel will have subpoena authority that may be 

enforced by the Attorney General. 

The original text of the legislation provided for the Panel to request the public testimony of Federal, State and local officials, including the warden or director of an institution with the highest incidence of prison rape, who bear the responsibility for prevention, 

detection or punishment of rape at prison. If a State or local official 

appeared to testify, the entity would have received increases in 

grant funding of 10 percent at the expense of other States who 

failed to testify or refuse to testify. If a State or local official is not 

invited to testify, the entity would not be eligible for an increase 

in grant funding. This was eliminated in the substitute in favor of 

a more balanced approach. Institutions with both a high and low 

incidence of prison rape would be invited to testify or would receive 

subpoenas to testify but would not lose Federal funds. The Attorney General would have the authority to enforce the subpoenas. 

19

c) Reports 

BJS shall prepare an annual report to Congress, the Attorney 

General, and the Secretary of HHS regarding the effects of prison 

rape; statistics on incidence; identification of institutions where incidence exceeds the national median level; and identification of jail 

and police lockup systems where prison rape is largely avoidable. 

d) Contracts for Research 

This section authorizes appropriations of $15 million per year for 

FY 04 to FY 10 for BJS to contract for research on this issue. 

Section 5. Prison Rape Prevention and Prosecution 

a) Information and Assistance 

This section establishes a national clearinghouse within the Department of Justice for information and assistance for Federal, 

State, and local authorities, which will provide information on prevention of prison rape and how States can address prisoner safety 

while facing budget crises. 

b) Reports 

The Attorney General shall provide Congress and HHS with an 

annual report of the activities taken under this section with regard 

to prison rape abatement. 

c) Authorization of Appropriations 

This section authorizes $5 million per year for FY 04 to FY 10 

to carry out this section. 

Section 6. Prison Rape Prevention and Prosecution Grants 

a) Enhanced Response to Prison Rape Grants 

This section requires the Attorney General to make 1 year grants 

to State and local governments to prevent, investigate, and punish 

prison rape or to help in addressing prisoner and community safety 

issues in States facing budget crises. The grants require a 50 percent match by the State or local government and may not exceed 

$1 million. Any applicant for a grant under this section must show 

that it has adopted all national prison rape standards and specify 

the particular actions it has taken to prevent and respond to prison 

rape. Each grantee must submit a report on the activities and an 

evaluation of the impact of such activities on incidents of prison 

rape. 

b) Authorization of Appropriations 

This section authorizes appropriations in the amount of $40 million per year for FY 04 to FY 10 to fund grants authorized under 

this section. 

The original text of the legislation provided grants only for addressing issues of prison rape. Due to concerns of overcrowding and 

the budget crises facing the prisons, this section was expanded in 

the substitute to allow grants to be provided for either prison rape 

or community safety issues with regard to releasing prisoners. 

20

Section 7. National Prison Rape Reduction Commission 

This section establishes a National Prison Rape Reduction Commission composed of 9 members, three of whom are appointed by 

the President, with expertise in prison rape reduction matters. This 

section specifies the procedure for choosing members for the Commission and describes the procedures for the Commission meetings 

and operations. The Commission shall be charged with a comprehensive study on the effects of prison rape including the physical, psychological, social, and economic impact on government and 

society. 

A report which includes the findings of the Commission, recommended national standards for reducing prison rape, protocols 

for preserving evidence, and a summary of materials collected shall 

be provided to the President, the House and Senate Judiciary Committees, the Attorney General, the Secretary of HHS, the Bureau 

of Prisons, and the governor of each State. 

Recommendations shall include national standards on classification and assignment of prisoners; investigation and resolution of 

rape complaints; preservation of evidence; acute and long term care 

for both physical and psychological symptoms; HIV and other sexual disease testing; training of correctional staff; investigation of 

staff misconduct; confidentiality of prison rape complaints; data collection and reporting; and any other matters related to prevention 

and punishment of prison rape. The Commission shall not propose 

any recommended standard that would impose substantial increases in costs for Federal, State and local prisons. 

The Commission has the authority to hold public hearings and 

subpoena witnesses for those hearings. The Attorney General may 

enforce the subpoenas. Such sums as may be necessary are authorized to be appropriated to carry out this section for FY2004 to FY 

2010. 

The Commission does not terminate until the report has been 

completed. The Commission is exempt from the Federal Advisory 

Committee Act (FACA). 

Section 8. Adoption and Effect of National Standards 

a) Publication of Proposed National Standards 

The Attorney General is required to establish a rule adopting national standards based on recommendations of the Commission, but 

shall not establish national standards that would impose substantial increases in costs for Federal, State or local authorities. The 

Attorney General shall transmit the final rule to the governor of 

each State. 

b) Applicability to Federal Bureau of Prisons 

The final rule shall immediately apply to the Federal Bureau of 

Prisons. 

c) Reduction in Federal Prison Grant Funding for Noncompliance with Standards 

The Attorney General shall reduce by 5 percent any State’s allocation of Federal grant funding for any grant program that provides funding to prisons unless the State certifies that it has adoptVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00020 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707
21

ed, and is in compliance with, the national standards or it will use 

that funding to become compliant with national standards. 

Additionally, a State must cooperate with the survey performed 

by the Bureau of Justice Statistics or lose its Federal grant funding 

for prisons. 

The original legislation provided that any State that adopted the 

national standards would receive a 10 percent increase in grant 

funding for all grant programs designated by the Attorney General 

affecting no less than $1 billion in grant funding and no more than 

$3 billion. This section was amended by the substitute due to concern that there was not a sufficient nexus between the all grant 

programs that would need to be included to meet this threshold 

and the issue of prison rape. The substitute narrowed the focus to 

only funds that were specifically directed to prisons and allowed a 

5 percent reduction or redirection in these funds. 

Section 9. Requirement that Accreditation Organization Adopt Accreditation Standards 

Any organization responsible for accrediting prisons or jails shall 

not be eligible to receive any Federal grants during any period 

where it fails to adopt accreditation standards consistent with the 

national standards. 

Section 10. Definitions 

This section establishes definitions for terms pertaining to this 

legislation. 

The original legislation contained an additional two sections. In 

the substitute amendment, section 9, having to do with model 

standards was consolidated in the section on adoption of national 

standards, and section 11, having to do with reductions in grants, 

was eliminated entirely to ensure the focus on prisons and the 

criminal justice system. The text was renumbered accordingly. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes H.R. 1707 makes 

no changes to existing law.

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, JULY 9, 2003

HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, Washington, DC. 

The Committee met, pursuant to notice, at 10:00 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr., [Chairman of the Committee] presiding. 

* * * * *

Chairman SENSENBRENNER. The next item on the agenda is H.R. 

1707, the ‘‘Prison Rape Reduction Act of 2003.’’ The Chair recognizes the gentleman from North Carolina, Mr. Coble, the Chairman 

22

of the Subcommittee on Crime, Terrorism, and Homeland Security 

for a motion. 

Mr. COBLE. Mr. Chairman, the Subcommittee on Crime, Terrorism, and Homeland Security reports favorably the bill H.R. 

1707. With a single amendment in the nature of a substitute, it 

moved its favorable recommendation to the full House. 

Chairman SENSENBRENNER. Without objection, the bill will be 

considered as read and open for amendment at any point. 

[The bill, H.R. 1707, follows:]

23

1

I

108TH CONGRESS

1ST SESSION H. R. 1707

To provide for the analysis of the incidence and effects of prison rape

in Federal, State, and local institutions and to provide information,

resources, recommendations, and funding to protect individuals from

prison rape.

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

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 indifVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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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 inciVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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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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•HR 1707 IH

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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•HR 1707 IH

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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•HR 1707 IH

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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•HR 1707 IH

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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•HR 1707 IH

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 trainVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00038 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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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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•HR 1707 IH

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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•HR 1707 IH

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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•HR 1707 IH

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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•HR 1707 IH

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 SecVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00049 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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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 orgaVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00057 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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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

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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


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Chairman SENSENBRENNER. And the Subcommittee amendment 

in the nature of a substitute, which the Members have before them, 

will be considered as read, considered as the original text for purpose of amendment, and open for amendment at any point. 

[The amendment in the nature of a substitute follows:]

68 H.L.C.

SUBCOMMITTE AMENDMENT IN THE NATURE OF A

SUBSTITUTE TO H.R. 1707

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

5 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Purposes.

Sec. 4. National prison rape statistics, data, and research.

Sec. 5. Prison rape prevention and prosecution.

Sec. 6. Grants to protect inmates and safeguard communities.

Sec. 7. National prison rape reduction commission.

Sec. 8. Adoption and effect of national standards.

Sec. 9. Requirement that accreditation organizations adopt accreditation standards.

Sec. 10. Definitions.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) 2,100,146 persons were incarcerated in the

9 United States at the end of 2001: 1,324,465 in Fed10 eral and State Prisons and 631,240 in county and

11 local jails. In 1999, there were more than

12 10,000,000 separate admissions to and discharges

13 from prisons and jails.


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H.L.C.

1 (2) Insufficient research has been conducted

2 and insufficient data reported on the extent of pris3 on rape. However, experts have conservatively esti4 mated that at least 13 percent of the inmates in the

5 United States have been sexually assaulted in pris6 on. Many inmates have suffered repeated assaults.

7 Under this estimate, nearly 200,000 inmates now in8 carcerated have been or will be the victims of prison

9 rape. The total number of inmates who have been

10 sexually assaulted in the past 20 years likely exceeds

11 1,000,000.

12 (3) Inmates with mental illness are at increased

13 risk of sexual victimization. America’s jails and pris14 ons house more mentally ill individuals than all of

15 the Nation’s psychiatric hospitals combined. As

16 many as 16 percent of inmates in state prisons and

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

18 mental illness.

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

20 risk of sexual victimization. Juveniles are 5 times

21 more likely to be sexually assaulted in adult rather

22 than juvenile facilities—often within the first 48

23 hours of incarceration.


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H.L.C.

1 (5) Most prison staff are not adequately trained

2 or prepared to prevent, report, or treat inmate sex3 ual 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 sex7 ual 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 giv19 ing 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 pris25 on sexual assaults significantly exacerbates interVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00070 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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1 racial tensions, both within prison and, upon release

2 of perpetrators and victims from prison, in the com3 munity at large.

4 (10) Prison rape increases the level of homi5 cides and other violence against inmates and staff,

6 and the risk of insurrections and riots.

7 (11) Victims of prison rape suffer severe phys8 ical and psychological effects that hinder their ability

9 to integrate into the community and maintain stable

10 employment upon their release from prison. They

11 are thus more likely to become homeless and/or re12 quire government assistance.

13 (12) Members of the public and government of14 ficials are largely unaware of the epidemic character

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

16 by 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 sex22 ual assault violates prisoners’ rights under the Cruel

23 and Unusual Punishments Clause of the Eighth

24 Amendment. The Eighth Amendment rights of State

25 and local prisoners are protected through the Due


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H.L.C.

1 Process Clause of the Fourteenth Amendment. Pur2 suant to Congress’s power under Section Five of the

3 Fourteenth Amendment, Congress may take action

4 to enforce those rights in States where officials have

5 demonstrated such indifference. States that do not

6 take basic steps to abate prison rape by adopting

7 standards that do not generate significant additional

8 expenditures demonstrate such indifference. There9 fore, such States are not entitled to the same level

10 of Federal benefits as other States.

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

13 States Government expenditures through grant pro14 grams such as those dealing with health care; men15 tal health care; disease prevention; crime prevention,

16 investigation, and prosecution; prison construction,

17 maintenance, and operation; race relations; poverty;

18 unemployment and homelessness. The effectiveness

19 and efficiency of these Federally funded grant pro20 grams are compromised by officials’ failure to adopt

21 policies and procedure that reduce the incidence of

22 prison rape in that the high incidence of prison

23 rape—


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H.L.C.

1 (A) increases the costs incurred by Fed2 eral, State, and local jurisdictions to administer

3 their prison systems;

4 (B) increases the levels of violence, di5 rected at inmates and at staff, within prisons;

6 (C) increases health care expenditures,

7 both inside and outside of prison systems, and

8 reduces the effectiveness of disease prevention

9 programs by substantially increasing the inci10 dence and spread of HIV, AIDS, tuberculosis,

11 hepatitis B and C, and other diseases;

12 (D) increases mental health care expendi13 tures, both inside and outside of prison sys14 tems, by substantially increasing the rate of

15 post-traumatic stress disorder, depression, sui16 cide, and the exacerbation of existing mental ill17 nesses among current and former inmates;

18 (E) increases the risks of recidivism, civil

19 strife, and violent crime by individuals who have

20 been brutalized by prison rape; and

21 (F) increases the level of interracial ten22 sions and strife within prisons and, upon re23 lease of perpetrators and victims, in the com24 munity at large.


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H.L.C.

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

2 significant effect on interstate commerce because it

3 increases substantially—

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

5 and local jurisdictions to administer their pris6 on systems;

7 (B) the incidence and spread of HIV,

8 AIDS, tuberculosis, hepatitis B and C, and

9 other diseases, contributing to increased health

10 and medical expenditures throughout the Na11 tion;

12 (C) the rate of post-traumatic stress dis13 order, depression, suicide, and the exacerbation

14 of existing mental illnesses among current and

15 former inmates, contributing to increased

16 health and medical expenditures throughout the

17 Nation; and

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

19 violent crime by individuals who have been bru20 talized by prison rape.

21 SEC. 3. PURPOSES.

22 The purposes of this Act are to—

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

24 incidence of prison rape in prisons in the United

25 States;


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

2 priority in each prison system;

3 (3) develop and implement national standards

4 for the detection, prevention, reduction, and punish5 ment of prison rape;

6 (4) increase the available data and information

7 on the incidence of prison rape, consequently im8 proving the management and administration of cor9 rectional facilities;

10 (5) standardize the definitions used for col11 lecting data on the incidence of prison rape;

12 (6) increase the accountability of prison officials

13 who fail to detect, prevent, reduce, and punish pris14 on rape;

15 (7) protect the Eighth Amendment rights of

16 Federal, State, and local prisoners;

17 (8) increase the efficiency and effectiveness of

18 Federal expenditures through grant programs such

19 as those dealing with health care; mental health

20 care; disease prevention; crime prevention, investiga21 tion, and prosecution; prison construction, mainte22 nance, and operation; race relations; poverty; unem23 ployment; and homelessness; and

24 (9) reduce the costs that prison rape imposes

25 on 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 Sta6 tistics of the Department of Justice (in this section

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

8 each calendar year, a comprehensive statistical re9 view and analysis of the incidence and effects of

10 prison rape. The statistical review and analysis shall

11 include, but not be limited to the identification of

12 the common 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

20 purposes of the statistical review and analysis.

21 (B) How the Bureau should collect infor22 mation about staff-on-inmate sexual assault.

23 (C) How the Bureau should collect infor24 mation beyond inmate self-reports of prison

25 rape.


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1 (D) How the Bureau should adjust the

2 data in order to account for differences among

3 prisons 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 correc12 tion; county and municipal jails; juvenile correctional

13 facilities; former inmates; victim advocates; research14 ers; 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 surVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00077 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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1 vey. Selection of a facility for sampling during any

2 year shall not preclude its selection for sampling in

3 any 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.

10 The Bureau shall ensure the confidentiality of each

11 survey participant.

12 (6) PARTICIPATION IN SURVEY.—Federal,

13 State, or local officials or facility administrators that

14 receive a request from the Bureau under subsection

15 (a)(4) or (5) will be required to participate in the

16 national 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 sub21 section (a), there is established, within the Depart22 ment of Justice, the Review Panel on Prison Rape

23 (in this 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 pris15 on rape and the two prisons with the lowest in16 cidence of prison rape in each category of facili17 ties identified under subsection (c)(4). The

18 Panel shall hold a separate hearing regarding

19 the three Federal or State prisons with the

20 highest incidence of prison rape. The purpose of

21 these hearings shall be to collect evidence to aid

22 in the identification of common characteristics

23 of both victims and perpetrators of prison rape,

24 and the identification of common characteristics

25 of prisons and prison systems with a high inciVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00079 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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1 dence of prison rape, and the identification of

2 common characteristics of prisons and prison

3 systems that appear to have been successful in

4 deterring 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 pub9 lic testimony of Federal, State, and local

10 officials (and organizations that represent

11 such officials), including the warden or di12 rector of each prison, who bears responsi13 bility for the prevention, detection, and

14 punishment of prison rape at each entity,

15 and the head of the prison system encom16 passing such 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 organiza21 tions.

22 (C) SUBPOENAS.—

23 (1) ISSUANCE.—The Panel may issue sub24 poenas for the attendance of witnesses and the pro25 duction of written or other matter.


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

2 or refusal to obey a subpoena, the Attorney General

3 may in a Federal court of appropriate jurisdiction

4 obtain 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 re8 port on the activities of the Bureau and the Review

9 Panel, with respect to prison rape, for the preceding

10 calendar 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

17 rape, statistical, sociological, and psychological

18 data;

19 (B) with respect to the incidence of prison

20 rape—

21 (i) statistical data aggregated at the

22 Federal, State, prison system, and prison

23 levels;

24 (ii) a listing of those institutions in

25 the representative sample, separated into


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1 each category identified under subsection

2 (c)(4) and ranked according to the inci3 dence of prison rape in each institution;

4 and

5 (iii) an identification of those institu6 tions in the representative sample that ap7 pear to have been successful in deterring

8 prison rape; and

9 (C) a listing of any prisons in the rep10 resentative sample that did not cooperate with

11 the survey conducted pursuant to section 4.

12 (3) DATA ADJUSTMENTS.—In preparing the in13 formation specified in paragraph (2), the Attorney

14 General shall use established statistical methods to

15 adjust the data as necessary to account for dif16 ferences among institutions in the representative

17 sample, which are not related to the detection, pre18 vention, reduction and punishment of prison rape, or

19 which are outside the control of the of the State,

20 prison, or prison system, in order to provide an ac21 curate comparison among prisons Such differences

22 may include the mission, security level, size, and ju23 risdiction under which the prison operates. For each

24 such adjustment made, the Attorney General shall

25 identify and explain such adjustment in the report.


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1 (4) CATEGORIZATION OF PRISONS.—The report

2 shall divide the prisons surveyed into three cat3 egories. One category shall be composed of all Fed4 eral and State prisons. The other two categories

5 shall be defined by the Attorney General in order to

6 compare similar institutions.

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

8 duties under this section, the Attorney General may—

9 (1) provide grants for research through the Na10 tional Institute of Justice; and

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

12 entity the Attorney General deems appropriate.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There

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

15 of fiscal years 2004 through 2010 to carry out this sec16 tion.

17 SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION.

18 (a) INFORMATION AND ASSISTANCE.—

19 (1) NATIONAL CLEARINGHOUSE.—There is es20 tablished within the National Institute of Correc21 tions a national clearinghouse for the provision of in22 formation and assistance to Federal, State, and local

23 authorities responsible for the prevention, investiga24 tion, and punishment of instances of prison rape.


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1 (2) TRAINING AND EDUCATION.—The National

2 Institute of Corrections shall conduct periodic train3 ing and education programs for Federal, State, and

4 local authorities responsible for the prevention, in5 vestigation, and punishment of instances of prison

6 rape.

7 (b) REPORTS.—

8 (1) IN GENERAL.—Not later than September

9 30 of each year, the National Institute of Correc10 tions shall submit a report to Congress and the Sec11 retary of Health and Human Services. This report

12 shall be available to the Director of the Bureau of

13 Justice Statistics.

14 (2) CONTENTS.—The report required under

15 paragraph (1) shall summarize the activities of the

16 Department of Justice regarding prison rape abate17 ment for the preceding calendar year.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated $5,000,000 for each of

20 fiscal years 2004 through 2010 to carry out this section.

21 SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD

22 COMMUNITIES.

23 (a) GRANTS AUTHORIZED.—From amounts made

24 available for grants under this section, the Attorney Gen25 eral shall make grants to States to assist those States in


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1 ensuring that budgetary circumstances (such as reduced

2 State and local spending on prisons) do not compromise

3 efforts to protect inmates (particularly from prison rape)

4 and to safeguard the communities to which inmates re5 turn. The purpose of grants under this section shall be

6 to provide funds for personnel, training, technical assist7 ance, data collection, and equipment to prevent and pros8 ecute prisoner rape.

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

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

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

12 following activities:

13 (1) PROTECTING INMATES.—Protecting inmates

14 by—

15 (A) undertaking efforts to more effectively

16 prevent prison rape;

17 (B) investigating incidents of prison rape;

18 or

19 (C) prosecuting incidents of prison rape.

20 (2) SAFEGUARDING COMMUNITIES.—Safe21 guarding communities by—

22 (A) making available, to officials of State

23 and local governments who are considering re24 ductions to prison budgets, training and tech25 nical assistance in successful methods for modVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00085 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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1 erating the growth of prison populations with2 out compromising public safety, including suc3 cessful methods used by other jurisdictions;

4 (B) developing and utilizing analyses of

5 prison populations and risk assessment instru6 ments that will improve State and local govern7 ments’ understanding of risks to the community

8 regarding release of inmates in the prison popu9 lation;

10 (C) preparing maps demonstrating the

11 concentration, on a community-by-community

12 basis, of inmates who have been released, to fa13 cilitate the efficient and effective—

14 (i) deployment of law enforcement re15 sources (including probation and parole re16 sources); and

17 (ii) delivery of services (such as job

18 training and substance abuse treatment) to

19 those released inmates;

20 (D) promoting collaborative efforts, among

21 officials of State and local governments and

22 leaders of appropriate communities, to under23 stand and address the effects on a community

24 of the presence of a disproportionate number of

25 released inmates in that community; or


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1 (E) developing policies and programs that

2 reduce spending on prisons by effectively reduc3 ing rates of parole and probation revocation

4 without compromising public safety.

5 (c) GRANT REQUIREMENTS.—

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

7 be made for a period of not more than 2 years.

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

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

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

11 under this section may not exceed 50 percent of the

12 total costs of the project described in the application

13 submitted under subsection (d) for the fiscal year

14 for which the grant was made under this section.

15 (d) APPLICATIONS.—

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

17 this section, the chief executive of a State shall sub18 mit an application to the Attorney General at such

19 time, in such manner, and accompanied by such in20 formation as the Attorney General may require.

21 (2) CONTENTS.—Each application required by

22 paragraph (1) shall—

23 (A) include the certification of the chief ex24 ecutive that the State receiving such grant—


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1 (i) has adopted all national prison

2 rape standards that, as of the date on

3 which the application was submitted, have

4 been promulgated under this Act; and

5 (ii) will consider adopting all national

6 prison rape standards that are promul7 gated under this Act after such date;

8 (B) specify with particularity the preventa9 tive, prosecutorial, or administrative activities

10 to be undertaken by the State with the amounts

11 received under the grant; and

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

13 grant for one or more activities specified in

14 paragraph (2) of subsection (b)—

15 (i) review the extent of the budgetary

16 circumstances affecting the State generally

17 and describe how those circumstances re18 late to the State’s prisons;

19 (ii) describe the rate of growth of the

20 State’s prison population over the pre21 ceding 10 years and explain why the State

22 may have difficulty sustaining that rate of

23 growth; and

24 (iii) explain the extent to which offi25 cials (including law enforcement officials)


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1 of State and local governments and victims

2 of crime will be consulted regarding deci3 sions whether, or how, to moderate the

4 growth of the State’s prison population.

5 (e) REPORTS BY GRANTEE.—

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

7 require each grantee to submit, not later than 90

8 days after the end of the period for which the grant

9 was made under this section, a report on the activi10 ties carried out under the grant. The report shall

11 identify and describe those activities and shall con12 tain an evaluation of the effect of those activities

13 on—

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

15 and the grantee’s response to such incidents;

16 and

17 (B) the safety of the prisons, and the safe18 ty of the communities in which released inmates

19 are present.

20 (2) DISSEMINATION.—The Attorney General shall

21 ensure that each report submitted under paragraph (1)

22 is made available under the national clearinghouse estab23 lished under section 5.

24 (f) STATE DEFINED.—In this section, the term

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1 wealth of Puerto Rico, and any other territory or posses2 sion of the United States.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—There are authorized to be

5 appropriated for grants under this section

6 $40,000,000 for each of fiscal years 2004 through

7 2010.

8 (2) LIMITATION.—Of amounts made available

9 for grants under this section, not less than 50 per10 cent shall be available only for activities specified in

11 paragraph (1) of subsection (b).

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 made not later

8 than 60 days after the date of enactment of this

9 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 made not later

13 than 60 days after the date on which the vacancy

14 occurred.

15 (c) OPERATION.—

16 (1) CHAIRPERSON.—Not later than 15 days

17 after appointments of all the members are made, the

18 President shall appoint a chairperson for the Com19 mission from among its members.

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

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

22 Commission shall take place not later than 30 days

23 after the initial appointment of the members is com24 pleted.


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

2 the Commission shall constitute a quorum to con3 duct business, but the Commission may establish a

4 lesser quorum for conducting hearings scheduled by

5 the Commission.

6 (4) RULES.—The Commission may establish by

7 majority vote any other rules for the conduct of

8 Commission business, if such rules are not incon9 sistent with this Act or other applicable law.

10 (d) COMPREHENSIVE STUDY OF THE IMPACTS OF

11 PRISON RAPE.—

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

13 out a comprehensive legal and factual study of the

14 penalogical, physical, mental, medical, social, and

15 economic impacts of prison rape in the United

16 States on—

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

18 and

19 (B) communities and social institutions

20 generally, including individuals, families, and

21 businesses within such communities and social

22 institutions.

23 (2) MATTERS INCLUDED.—The study under

24 paragraph (1) shall include—


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

2 and local government policies and practices with

3 respect to the prevention, detection, and punish4 ment of prison rape;

5 (B) an assessment of the relationship be6 tween prison rape and prison conditions, and of

7 existing monitoring, regulatory, and enforce8 ment practices that are intended to address any

9 such relationship;

10 (C) an assessment of pathological or social

11 causes of prison rape;

12 (D) an assessment of the extent to which

13 the incidence of prison rape contributes to the

14 spread of sexually transmitted diseases and to

15 the transmission of HIV;

16 (E) an assessment of the characteristics of

17 inmates most likely to commit prison rape and

18 the effectiveness of various types of treatment

19 or programs to reduce such likelihood;

20 (F) an assessment of the characteristics of

21 inmates most likely to be victims of prison rape

22 and the effectiveness of various types of treat23 ment or programs to reduce such likelihood;

24 (G) an assessment of the impacts of prison

25 rape on individuals, families, social institutions


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1 and the economy generally, including an assess2 ment of the extent to which the incidence of

3 prison rape contributes to recidivism and to in4 creased incidence of sexual assault;

5 (H) an examination of the feasibility and

6 cost of conducting surveillance, undercover ac7 tivities, or both, to reduce the incidence of pris8 on rape;

9 (I) an assessment of the safety and secu10 rity of prison facilities and the relationship of

11 prison facility construction and design to the in12 cidence of prison rape;

13 (J) an assessment of the feasibility and

14 cost of any particular proposals for prison re15 form;

16 (K) an identification of the need for addi17 tional scientific and social science research on

18 the prevalence of prison rape in Federal, State,

19 and local prisons;

20 (L) an assessment of the general relation21 ship between prison rape and prison violence;

22 (M) an assessment of the relationship be23 tween prison rape and levels of training, super24 vision, and discipline of prison staff; and


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1 (N) an assessment of existing Federal and

2 State systems for reporting incidents of prison

3 rape, including an assessment of whether exist4 ing systems provide an adequate assurance of

5 confidentiality, impartiality and the absence of

6 reprisal.

7 (3) REPORT.—

8 (A) DISTRIBUTION.—Not later than 2

9 years after the date of the initial meeting of the

10 Commission, the Commission shall submit a re11 port on the study carried out under this sub12 section to—

13 (i) the President;

14 (ii) the Congress;

15 (iii) the Attorney General;

16 (iv) the Secretary of Health and

17 Human Services;

18 (v) the Director of the Federal Bu19 reau of Prisons;

20 (vi) the chief executive of each State;

21 and

22 (vii) the head of the department of

23 corrections of each State.

24 (B) CONTENTS.—The report under sub25 paragraph (A) shall include—


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1 (i) the findings and conclusions of the

2 Commission;

3 (ii) recommended national standards

4 for reducing prison rape;

5 (iii) recommended protocols for pre6 serving evidence and treating victims of

7 prison rape; and

8 (iv) a summary of the materials relied

9 on by the Commission in the preparation

10 of the report.

11 (e) RECOMMENDATIONS.—

12 (1) IN GENERAL.—In conjunction with the re13 port submitted under subsection (d)(3), the Commis14 sion shall provide the Attorney General and the Sec15 retary of Health and Human Services with rec16 ommended national standards for enhancing the de17 tection, prevention, reduction, and punishment of

18 prison rape.

19 (2) MATTERS INCLUDED.—The information

20 provided under paragraph (1) shall include rec21 ommended national standards relating to—

22 (A) the classification and assignment of

23 prisoners, using proven standardized instru24 ments and protocols, in a manner that limits

25 the occurrence of prison rape;


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1 (B) the investigation and resolution of rape

2 complaints by responsible prison authorities,

3 local and State police, and Federal and State

4 prosecution authorities;

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

7 the circumstances relating to the rape;

8 (D) acute-term trauma care for rape vic9 tims, including standards relating to—

10 (i) the manner and extent of physical

11 examination and treatment to be provided

12 to any rape victim; and

13 (ii) the manner and extent of any psy14 chological examination, psychiatric care,

15 medication, and mental health counseling

16 to be provided to any rape victim;

17 (E) referrals for long-term continuity of

18 care for rape victims;

19 (F) educational and medical testing meas20 ures for reducing the incidence of HIV trans21 mission due to prison rape;

22 (G) post-rape prophylactic medical meas23 ures for reducing the incidence of transmission

24 of sexual diseases;


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1 (H) the training of correctional staff suffi2 cient to ensure that they understand and appre3 ciate the significance of prison rape and the ne4 cessity of its eradication;

5 (I) the timely and comprehensive investiga6 tion of staff sexual misconduct involving rape or

7 other sexual assault on inmates;

8 (J) ensuring the confidentiality of prison

9 rape complaints and protecting inmates who

10 make complaints of prison rape;

11 (K) creating a system for reporting inci12 dents of prison rape that will ensure the con13 fidentiality of prison rape complaints, protect

14 inmates who make prison rape complaints from

15 retaliation, and assure the impartial resolution

16 of prison rape complaints;

17 (L) data collection and reporting of—

18 (i) prison rape;

19 (ii) prison staff sexual misconduct;

20 and

21 (iii) the resolution of prison rape com22 plaints by prison officials and Federal,

23 State, and local investigation and prosecu24 tion authorities; and


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1 (M) such other matters as may reasonably

2 be related to the detection, prevention, reduc3 tion, and punishment of prison rape.

4 (3) LIMITATION.—The Commission shall not

5 propose a recommended standard that would impose

6 substantial additional costs compared to the costs

7 presently expended by Federal, State, and local pris8 on authorities.

9 (f) CONSULTATION WITH ACCREDITATION ORGANI10 ZATIONS.—In developing recommended national standards

11 for enhancing the detection, prevention, reduction, and

12 punishment of prison rape, the Commission shall consider

13 any standards that have already been developed, or are

14 being developed simultaneously to the deliberations of the

15 Commission. The Commission shall consult with accredita16 tion organizations responsible for the accreditation of Fed17 eral, State, local or private prisons, that have developed

18 or are currently developing standards related to prison

19 rape. The Commission will also consult with national asso20 ciations representing the corrections profession that have

21 developed or are currently developing standards related to

22 prison rape.

23 (g) HEARINGS.—

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

25 public hearings. The Commission may hold such


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1 hearings, sit and act at such times and places, take

2 such testimony, and receive such evidence as the

3 Commission considers advisable to carry out its du4 ties under this section.

5 (2) WITNESS EXPENSES.—Witnesses requested

6 to appear before the Commission shall be paid the

7 same fees as are paid to witnesses under section

8 1821 of title 28, United State Code. The per diem

9 and mileage allowances for witnesses shall be paid

10 from funds appropriated to the Commission.

11 (h) INFORMATION FROM FEDERAL OR STATE AGEN12 CIES.—The Commission may secure directly from any

13 Federal department or agency such information as the

14 Commission considers necessary to carry out its duties

15 under this section. The Commission may request the head

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

17 information to the Commission.

18 (i) PERSONNEL MATTERS.—

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

20 Commission shall be allowed travel expenses, includ21 ing per diem in lieu of subsistence, at rates author22 ized for employees of agencies under subchapter I of

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

24 away from their homes or regular places of business

25 in the performance of service for the Commission.


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H.L.C.

1 (2) DETAIL OF FEDERAL EMPLOYEES.—With

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

3 Federal Government employee, with the approval of

4 the head of the appropriate Federal agency, may be

5 detailed to the Commission without reimbursement,

6 and such detail shall be without interruption or loss

7 of civil service status, benefits, or privileges.

8 (3) PROCUREMENT OF TEMPORARY AND INTER9 MITTENT SERVICES.—Upon the request of the Com10 mission, the Attorney General shall provide reason11 able and appropriate office space, supplies, and ad12 ministrative assistance.

13 (j) CONTRACTS FOR RESEARCH.—

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

2 15 ⁄3 affirmative vote, the Commission may select non16 governmental researchers and experts to assist the

17 Commission in carrying out its duties under this

18 Act. The National Institute of Justice shall contract

19 with the researchers and experts selected by the

20 Commission to provide funding in exchange for their

21 services.

22 (2) OTHER ORGANIZATIONS.—Nothing in this

23 subsection shall be construed to limit the ability of

24 the Commission to enter into contracts with other

25 entities or organizations for research necessary to


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1 carry out the duties of the Commission under this

2 section.

3 (k) SUBPOENAS.—

4 (1) ISSUANCE.—The Commission may issue

5 subpoenas for the attendance of witnesses and the

6 production of written or other matter.

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

8 or refusal to obey a subpoena, the Attorney General

9 may in a Federal court of appropriate jurisdiction

10 obtain an appropriate order to enforce the subpoena.

11 (3) CONFIDENTIALITY OF DOCUMENTARY EVI12 DENCE.—Documents provided to the Commission

13 pursuant to a subpoena issued under this subsection

14 shall not be released publicly without the affirmative

vote of 2 15 ⁄3 of the Commission.

16 (l) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated such sums as may be

18 necessary to carry out this section.

19 (m) TERMINATION.—The Commission shall termi20 nate on the date that is 60 days after the date on which

21 the Commission submits the reports required by this sec22 tion.

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

24 from the Federal Advisory Committee Act.


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

2 (a) PUBLICATION OF PROPOSED STANDARDS.—

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

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

5 Attorney General shall publish a final rule adopting

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) TRANSMISSION TO STATES.—Within 90

24 days of publishing the final rule under paragraph

25 (4), the Attorney General shall transmit the national

26 standards adopted under such paragraph to the


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1 chief executive of each State, the head of the depart2 ment of corrections of each State, and to the appro3 priate authorities in those units of local government

4 who oversee operation in one or more prisons.

5 (b) APPLICABILITY TO FEDERAL BUREAU OF PRIS6 ONS.—The national standards referred to in subsection

7 (a) shall apply to the Federal Bureau of Prisons imme8 diately upon adoption of the final rule under subsection

9 (a)(4).

10 (c) ELIGIBILITY FOR FEDERAL FUNDS.—

11 (1) COVERED PROGRAMS.—

12 (A) IN GENERAL.—For purposes of this

13 subsection, a grant program is covered by this

14 subsection if, and only if—

15 (i) the program is carried out by or

16 under the authority of the Attorney Gen17 eral; and

18 (ii) the program may provide amounts

19 to States for prison purposes.

20 (B) LIST.—For each fiscal year, the Attor21 ney General shall prepare a list identifying each

22 program that meet the criteria of subparagraph

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

24 (2) ADOPTION OF NATIONAL STANDARDS.—For

25 each fiscal year, any amount that a State would othVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00105 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707

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H.L.C.

1 erwise receive for that fiscal year under a grant pro2 gram covered by this subsection shall be reduced by

3 5 percent, unless the chief executive of the State

4 submits to the Attorney General—

5 (A) a certification that the State has

6 adopted, and is in full compliance with, the na7 tional standards described in section 8(a); or

8 (B) an assurance that not less than 5 per9 cent of such amount shall be used only for the

10 purpose of enabling the State to adopt, and

11 achieve full compliance with, those national

12 standards, so as to ensure that a certification

13 under subparagraph (A) may be submitted in

14 future years.

15 (3) REPORT ON NONCOMPLIANCE.—Not later

16 than September 30 of each year, the Attorney Gen17 eral shall publish a report listing each grantee that

18 is not in compliance with the national standards

19 adopted pursuant to section 8(a).

20 (4) COOPERATION WITH SURVEY.—For each

21 fiscal year, any amount that a State receives for

22 that fiscal year under a grant program covered by

23 this subsection shall not be used for prison purposes

24 (and shall be returned to the grant program if no

25 other authorized use is available), unless the chief


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H.L.C.

1 executive of the State submits to the Attorney Gen2 eral a certification that neither the State, nor any

3 political subdivision or unit of local government

4 within the State, is listed in a report issued by the

5 Attorney General pursuant to section 4(c)(2)(C).

6 (5) REDISTRIBUTION OF AMOUNTS.—Amounts

7 under a grant program not granted by reason of a

8 reduction under paragraph (2), or returned by rea9 son of the prohibition in paragraph (4), shall be

10 granted to one or more entities not subject to such

11 reduction or such prohibition, subject to the other

12 laws governing that program.

13 (6) IMPLEMENTATION.—The Attorney General

14 shall establish procedures to implement this sub15 section, including procedures for effectively applying

16 this subsection to discretionary grant programs.

17 (7) EFFECTIVE DATE.—

18 (A) REQUIREMENT OF ADOPTION OF

19 STANDARDS.—The first grants to which para20 graph (2) applies are grants for the second fis21 cal year beginning after the date on which the

22 national standards under section 8(a) are final23 ized.

24 (B) REQUIREMENT FOR COOPERATION.—

25 The first grants to which paragraph (4) applies


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H.L.C.

1 are grants for the fiscal year beginning after

2 the date of the enactment of this Act.

3 SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZA4 TIONS ADOPT ACCREDITATION STANDARDS.

5 (a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwith6 standing any other provision of law, an organization re7 sponsible for the accreditation of Federal, State, local, or

8 private prisons, jails, or other penal facilities may not re9 ceive any new Federal grants during any period in which

10 such organization fails to meet any of the requirements

11 of subsection (b).

12 (b) REQUIREMENTS.—To be eligible to receive Fed13 eral grants, an accreditation organization referred to in

14 subsection (a) must meet the following requirements:

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

16 enactment of this Act, the organization shall have in

17 effect, for each facility that it is responsible for ac18 crediting, accreditation standards for the detection,

19 prevention, reduction, and punishment of prison

20 rape.

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

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

23 the organization shall, in addition to any other such

24 standards that it may promulgate relevant to the de25 tection, prevention, reduction, and punishment of


A1707.ABP
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H.L.C.

1 prison rape, adopt accreditation standards consistent

2 with the national standards adopted pursuant to

3 such final rule.

4 SEC. 10. DEFINITIONS.

5 In this Act, the following definitions shall apply:

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

7 knowledge’’ means contact between the penis and

8 the vulva or the penis and the anus, including pene9 tration of any sort, however slight.

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

11 person incarcerated or detained in any facility who

12 is accused of, convicted of, sentenced for, or adju13 dicated delinquent for, violations of criminal law or

14 the terms and conditions of parole, probation, pre15 trial release, or diversionary program.

16 (3) JAIL.—The term ‘‘jail’’ means a confine17 ment facility of a Federal, State, or local law en18 forcement agency to hold—

19 (A) persons pending adjudication of crimi20 nal charges; or

21 (B) persons committed to confinement

22 after adjudication of criminal charges for sen23 tences of 1 year or less.

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

25 immunodeficiency virus.


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H.L.C.

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

2 means contact between the mouth and the penis, the

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

4 (6) POLICE LOCKUP.—The term ‘‘police lock5 up’’ means a temporary holding facility of a Federal,

6 State, or local law enforcement agency to hold—

7 (A) inmates pending bail or transport to

8 jail;

9 (B) inebriates until ready for release; or

10 (C) juveniles pending parental custody or

11 shelter placement.

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

13 confinement facility of a Federal, State, or local gov14 ernment, whether administered by such government

15 or by a private organization on behalf of such gov16 ernment, and includes—

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

18 (B) any juvenile facility used for the cus19 tody or care of juvenile inmates.

20 (8) PRISON RAPE.—The term ‘‘prison rape’’ in21 cludes the rape of an inmate in the actual or con22 structive control of prison officials.

23 (9) RAPE.—The term ‘‘rape’’ means—

24 (A) the carnal knowledge, oral sodomy,

25 sexual assault with an object, or sexual fondling


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H.L.C.

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

2 will;

3 (B) the carnal knowledge, oral sodomy,

4 sexual assault with an object, or sexual fondling

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

6 will, where the victim is incapable of giving con7 sent because of his or her youth or his or her

8 temporary or permanent mental or physical in9 capacity; or

10 (C) the carnal knowledge, oral sodomy,

11 sexual assault with an object, or sexual fondling

12 of a person achieved through the exploitation of

13 the fear or threat of physical violence or bodily

14 injury.

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

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

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

18 penetrate, however slightly, the genital or anal open19 ing of the body of another person.

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

21 fondling’’ means the touching of the private body

22 parts of another person (including the genitalia,

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

24 purpose of sexual gratification.


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H.L.C.

1 (12) EXCLUSIONS.—The terms and conditions

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

3 to—

4 (A) custodial or medical personnel gath5 ering physical evidence, or engaged in other le6 gitimate medical treatment, in the course of in7 vestigating prison rape;

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

9 hands or fingers or the use of medical devices

10 in the course of appropriate medical treatment

11 unrelated to prison rape; or

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

13 hands or fingers and the use of instruments to

14 perform body cavity searches in order to main15 tain security and safety within the prison or de16 tention facility, provided that the search is con17 ducted in a manner consistent with constitu18 tional requirements.


A1707.ABT
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Chairman SENSENBRENNER. The Chair recognize the gentleman 

from North Carolina, Mr. Coble, to strike the last word. 

Mr. COBLE. I thank the Chairman. I don’t think it will take 5 

minutes. Mr. Chairman and colleagues, more than 2 million individuals were incarcerated in the United States at the end of 2002. 

Although many and probably most correctional facilities have procedures in place to protect inmates against violence from other inmates while they are incarcerated, often these procedures are inadequate. Very little data exists regarding the number of violent incidents that occur in correctional facilities, and even less data on the 

incidents of sexual assaults in prisons. This is a very serious problem which merits our attention. 

The physical and psychological problems caused by these incidents can have effects for the entire U.S. population. At the end of 

2000 there were over 25,000 inmates who tested positive for HIV. 

The Subcommittee on Crime, Terrorism, and Homeland Security 

conducted hearings to examine the issue of sexual assault within 

Federal, State and local correctional institutions. The legislation we 

consider today, H.R. 1707, the ‘‘Prison Rape Reduction Act of 

2003,’’ is intended to make prevention of prison rape a priority for 

Federal, State and local institutions. This legislation encourages 

the development of nationwide standards for detection, prevention, 

reduction and punishment of prison rape. This legislation was 

marked up in the subcommittee, and a bipartisan substitute offered by Ranking Member Bobby Scott and me, was adopted by 

voice vote. 

The legislation requires State and local governments to work 

with the Federal Bureau of Justice Statistics to study the number 

and effects of incidents of sexual assaults in correctional facilities. 

It also encourages States to adopt and maintain compliance with 

the national standard developed by the Attorney General. 

I want to express my thanks to Mr. Bobby Scott, the distinguished gentleman from Virginia, and Mr. Frank Wolf, the other 

gentleman from Virginia, who worked endlessly on this very important piece of legislation. I believe this legislation, Mr. Chairman, 

will go a long way to address and bring attention to a very serious 

problem that exists in our correctional facilities, and I encourage 

my colleagues to support it, and yield back. 

Chairman SENSENBRENNER. The gentleman from Virginia, Mr. 

Scott. 

Mr. SCOTT. Thank you, Mr. Chairman. I move the unanimous 

consent to revise and extend my remarks and put my complete 

statement in the record. 

Chairman SENSENBRENNER. Without objection. 

Mr. SCOTT. And I would like to thank Chairman Coble for his remarks and his cooperation, and yours, Mr. Chairman. 

Mr. Chairman, society pays dearly for ignoring prison rape. Inmates, often nonviolent first-time offenders come out of the prison 

rape experience severely traumatized and leave prison not only 

more likely to commit crimes, but far more likely to commit violent 

crimes than when they entered. The high incidents of prison rape 

within prisons also leads to an increased transmission of HIV/

AIDS, hepatitis and other diseases outside the prison, which in 

turn impose threats and cost to society. 

114

In 1994 the Supreme Court held in Farmer v. Brennan, that deliberate indifference to the risk of prison rape violates the eighth 

and fourteenth amendments to the United States Constitution, and 

so failure to take reasonable measures to guarantee safety of inmates exposes local, State and Federal facilities to lawsuits. 

Mr. Chairman, prison rape is nothing short of prison torture. 

Long after bodies have healed, emotional trauma and stigma of 

brutal and repeated prison rape lasts and embitters. Whatever 

their crimes, there should be a moral imperative to reduce the incidents of prison rape. 

Mr. Chairman, I would like to thank the chief patron of the legislation, my colleague from Virginia, Frank Wolf, Michael Horowitz 

and Vinny Sheraldi, who are leading an amazing coalition of supporters of the legislation and many others for their support, and I 

yield back the balance of my time. 

[The statement of Mr. Scott follows:]

PREPARED STATEMENT OF THE HONORABLE ROBERT C. SCOTT, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF VIRGINIA

Thank you, Mr. Chairman, for holding this markup on the Prison Rape Elimination Act. And I want to express my appreciation to you, along with Chairman 

Coble, for assuring expeditious development and movement of this bill. Your staff 

has worked hard, and on a bi-partisan basis, with a bi-cameral group of members 

and a diverse coalition of organizations, to develop a bill we could all strongly support. I look forward to working with you to get the bill quickly through the House 

and to the Senate where I believe it will receive expeditious consideration and passage, as well. 

Prison rape has been shown to have a devastating impact on its victims and ultimately on unsuspecting members of the public who become victimized by the rage, 

sexually transmitted diseases and other manifestations of prison rape. Prison rape 

is recognized as a contributing factor to prison homicide, violence against staff, and 

institutional riots. Not only does it cause severe physical and psychological trauma 

to victims; but it increases the transmission of HIV/AIDS, other sexually transmitted diseases, tuberculosis, and hepatitis B and C—all of which exist at a very 

high rate within U.S. prisons and jails. 

And prison rape is a problem of sizable scope. Of the 2 million people incarcerated 

today, it is estimated that one in ten, or roughly 200,000, are victims of prison rape. 

And youths in adult prisons are 5 times more likely to be raped than adults. Yet 

this problem is, essentially, ignored as a societal problem. And society pays dearly 

for ignoring prison rape. Inmates, often non-violent first time offenders, come out 

of a prison rape experience severely traumatized and leave prison not only more 

likely to commit crimes, but far more likely to commit violent crimes than when 

they entered. And the high incidence of rape within prison also leads to the increased transmission of HIV, hepatitis and other diseases outside prison which, in 

turn, imposes threats and costs on all of society. 

Prison rape is a crime with constitutional implications. The Supreme Court held 

in Farmer v. Brennan that deliberate indifference to the risk of prison rape violates 

the Eighth and Fourteenth Amendments to the United States Constitution. While 

prison conditions may be ‘‘restrictive and even harsh,’’ prison and jail officials ‘‘must 

take reasonable measures to guarantee the safety of the inmates.’’

The bill establishes three programs in the Department of Justice: 1) A program 

to conduct an annual statistical study of a significant number of federal, state and 

county prisons and jails on the incidence of rape, and conduct public reviews of institution where the rate of prison rape is 30% above the national average rate; 2) 

a clearinghouse for complaints of prison rape to assist prevention and prosecution, 

and provide training and assistance to prison and jail officials; and 3) a program 

to provide grants—totaling $40 million each year—to state and local governments 

and institutions for the purpose of enhancing the prevention and punishment of 

prison rape 

The bill also provides for the establishment of a Commission to develop standards 

for addressing and eliminating prison rape. Federal, state and local prisons would 

be required to adopt these standards to qualify for the full range of federal funding 

available use by prisons, including the grants under the bill. Finally, the bill reVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00114 Fmt 6659 Sfmt 6621 E:\HR\OC\HR1707 HR1707
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quires prison accreditation organizations to examine prison rape prevention practices as a critical component of their accreditation reviews. 

Let the record show that this bill is intended to cover all inmates in all prisons 

and jails and to address the problem of inmates who are raped by their peers, as 

well as the equally serious problem of inmates who are raped by prison staff and 

contractors. No detainee, regardless of whether he or she is being held on criminal 

charges or in civil detention, shall be excluded from any reports, nor be exempted 

from the protections provided for under any standards related to this legislation. 

In the end, and perhaps most importantly, the effort to combat prison rape is a 

moral imperative. Prison rape is nothing short of prison torture—the infliction of 

severe emotional and physical pain as punishment and coercion. Long after bodies 

have healed, the emotional trauma, shame and stigma of brutal and repeated prison 

rape lasts and embitters. Whatever their crimes and whatever the prescribed punishment for them, in a humane society prison rape should not be a part of it. Prison 

rape not only derails justice—it destroys human dignity. 

This is long overdue legislation. And I would like to thank my colleague, Frank 

Wolf, Chairman of the Commerce, Justice, State Appropriations Subcommittee and 

chief sponsor of this bill, for his compassion, leadership and diligence in moving this 

matter forward. I would also like to thank Michael Horowitz and Vinnie Schraldi, 

the leaders of this amazing coalition, for their vision, leadership and dedication in 

bringing this matter to the forefront and keeping it going. Thank you Mr. Chairman.

Chairman SENSENBRENNER. Without objection, all Members may 

include opening statements in the record at this point. 

Are there amendments? 

Mr. WATT. Mr. Chairman, I move to strike the word, just to ask 

a question. 

Chairman SENSENBRENNER. The gentleman from North Carolina. 

Mr. WATT. I’m wondering from Mr. Coble and Mr. Scott whether 

between now and the floor they might consider changing the title 

of the bill from the Prison Rape Reduction Act of 2003 to the Prison Rape Prevention Act of 2003? It seems to me that——

Chairman SENSENBRENNER. Without objection, the title is 

amended. 

Mr. WATT. Mr. Chairman, there may be some implications 

that——

Chairman SENSENBRENNER. Okay. 

Mr. WATT. I didn’t want to make the motion. I just wanted them 

to look at it. 

Chairman SENSENBRENNER. Okay. Then we won’t amend the 

title at this point in time. 

Are there amendments? If there are no amendments, the question is on the subcommittee amendment in the nature of a substitute. Those in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it, and the subcommittee amendment in the nature of a substitute is adopted. 

A reporting quorum is present. The question occurs on the motion to report the bill H.R. 1707 favorably as amended. Those in 

favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is adopted. Without objection, the bill will be reported favorably to the House in the form of a single amendment 

in the nature of a substitute. Without objection, the Chairman is 

authorized to move to go to conference pursuant to House rules. 

Without objection, the staff is directed to make any technical and 

conforming changes, and all Members will be given 2 days, as proVerDate Jan 31 2003 16:48 Jul 23, 2003 Jkt 019006 PO 00000 Frm 00115 Fmt 6659 Sfmt 6601 E:\HR\OC\HR1707 HR1707
116

vided by House rules, in which to submit additional dissenting, 

supplemental or minority views. 

Mr. SCOTT. Mr. Chairman? 

Chairman SENSENBRENNER. The gentleman from Virginia? 

Mr. SCOTT. Mr. Chairman, somewhere along the lines in response to the gentleman from North Carolina, we intend to change 

the name to Prison Rape Elimination Act, and so that would I 

think achieve his concerns. 

Chairman SENSENBRENNER. Duly noted. 

There are two votes, a 15-minute vote and a 5-minute vote on 

two rules on bills to be brought up today. I think it’s time to go 

to lunch. When we come back, and I urge the Members to be 

prompt, while we will work on the PTO modernization bill and the 

Committee is recessed until 1:00 p.m. 

[Whereupon, at 11:45 a.m., the Committee recessed, to reconvene 

at 1:00 p.m., the same day.]

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