I 
117TH CONGRESS 
2D SESSION 
H. R. 8096 
To create a civil action to enforce the standards promulgated under the 
Prison Rape Elimination Act of 2003, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 16, 2022 
Ms. BASS (for herself, Ms. SPEIER, Mr. SWALWELL, Ms. JACKSON LEE, Mr. 
JOHNSON of Georgia, Ms. PRESSLEY, Mr. CLEAVER, Mr. CARSON, Ms. 
NORTON, Mr. DANNY K. DAVIS of Illinois, Mr. PAYNE, Ms. MOORE of 
Wisconsin, and Mrs. CAROLYN B. MALONEY of New York) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To create a civil action to enforce the standards promulgated 
under the Prison Rape Elimination Act of 2003, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘PREA Rights Enforce-
ment Act of 2022’’. 
SEC. 2. PRISON RAPE ELIMINATION ACT CAUSE OF ACTION. 
(a) IN GENERAL.—Section 8 of the Prison Rape 
Elimination Act of 2003 (34 U.S.C. 30307) is amended— 
VerDate Sep 11 2014 
18:17 Jun 22, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8096.IH
H8096
pamtmann on DSKBC07HB2PROD with BILLS
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) APPLICABILITY TO FEDERAL BUREAU OF PRIS-
ONS.—The standards adopted under subsection (a) shall 
apply to facilities operated by the Federal Bureau of Pris-
ons and to facilities operated under contract with the Fed-
eral Bureau of Prisons.’’; 
(2) in subsection (e)(2)(A)(i), by inserting ‘‘and 
has in effect a law that authorizes a cause of action 
for violation of such standards, which is substan-
tially similar to the cause of action under subsection 
(f)’’ before the semicolon; and 
(3) by adding at the end the following: 
‘‘(f) VIOLATIONS.— 
‘‘(1) CAUSE OF ACTION.— 
‘‘(A) IN GENERAL.—In any case of an al-
leged violation of the national standards in ef-
fect for the Bureau of Prisons, the Department 
of Health and Human Services, or the Depart-
ment of Homeland Security, with respect to fa-
cilities operated by, or operated under contract 
with, any such agency, a person aggrieved by 
such a violation may bring a civil action against 
the United States in an appropriate district 
court for declaratory or injunctive relief, after 
VerDate Sep 11 2014 
18:17 Jun 22, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8096.IH
H8096
pamtmann on DSKBC07HB2PROD with BILLS
exhausting the procedures under paragraph (2), 
as applicable. 
‘‘(B) ATTORNEY’S FEES.—In a civil action 
under this subsection, the court may allow the 
prevailing party (other than the United States) 
reasonable attorney’s fees, including litigation 
expenses and costs. 
‘‘(2) NOTICE.— 
‘‘(A) IN GENERAL.—A person aggrieved by 
an alleged violation of the national standards in 
effect for the Bureau of Prisons, the Depart-
ment of Health and Human Services, and the 
Department of Homeland Security, may provide 
written notice of each such alleged violation to 
a PREA Compliance Manager or PREA Coor-
dinator. 
‘‘(B) OPPORTUNITY
TO
CORRECT.—Not 
later than 10 days after a notice is submitted 
to a PREA Compliance Manager or PREA Co-
ordinator pursuant to subparagraph (A), such 
manager or coordinator shall— 
‘‘(i) determine whether a violation has 
occurred; and 
‘‘(ii) correct any violation determined 
to have occurred. 
VerDate Sep 11 2014 
18:17 Jun 22, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8096.IH
H8096
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(C) SPECIAL CIRCUMSTANCES.—Notwith-
standing paragraph (1)(A), exhaustion of the 
procedures under this paragraph shall not be 
required with respect to any allegation of a vio-
lation for which the aggrieved person shows the 
existence of special circumstances making writ-
ten notice to the PREA Compliance Manager or 
PREA Coordinator impracticable or likely to be 
harmful, including due to— 
‘‘(i) illiteracy; 
‘‘(ii) intellectual disability; 
‘‘(iii) developmental age, in the case of 
individuals who were under 18 years of age 
at the time of the offense; 
‘‘(iv) lack of access to writing imple-
ments due to restrictive housing; 
‘‘(v) imminent risk of serious bodily 
harm or death of the aggrieved person; or 
‘‘(vi) allegations of personal mis-
conduct by the PREA Compliance Man-
ager or PREA Coordinator. 
‘‘(3) REMOVING
CERTAIN
REQUIREMENTS
OF 
SUITS BY PRISONERS.—Any action brought under 
this subsection is not subject to section 7 of the Civil 
Rights of Institutionalized Persons Act. 
VerDate Sep 11 2014 
18:17 Jun 22, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8096.IH
H8096
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) PREA COMPLIANCE MANAGER.—The 
term ‘PREA Compliance Manager’ means an 
individual who works collaboratively with the 
PREA Coordinator to oversee and sustain an 
agency’s compliance with the Prison Rape 
Elimination Act program in a specific facility. 
‘‘(B) PREA 
COORDINATOR.—The term 
‘PREA Coordinator’ means an individual who 
has the authority to oversee the design and im-
plementation of the Prison Rape Elimination 
Act program for each facility in an agency’s ju-
risdiction.’’. 
(b) EFFECTIVE DATE.—This Act and the amend-
ments made by this Act shall take effect 90 days after 
the date of enactment of this Act, and shall apply with 
respect to violations occurring in fiscal year 2024 and 
every fiscal year thereafter. 
Æ 
VerDate Sep 11 2014 
18:17 Jun 22, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H8096.IH
H8096
pamtmann on DSKBC07HB2PROD with BILLS