age allowances for witnesses shall be paid from funds 
appropriated to the Commission. 
(h) INFORMATION FROM FEDERAL OR STATE AGEN-
CIES.—The Commission may secure directly from any Fed-
eral department or agency such information as the Commis-
sion 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, includ-
ing per diem in lieu of subsistence, at rates author-
ized 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 de-
tail shall be without interruption or loss of civil serv-
ice status, benefits, or privileges.
(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—Upon the request of the Com-
mission, the Attorney General shall provide reason-
able and appropriate office space, supplies, and ad-
ministrative assistance. 
(j) CONTRACTS FOR RESEARCH.—
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 
2⁄3 affirmative vote, the Commission may select non-
governmental researchers and experts to assist the 
Commission in carrying out its duties under this Act. 
The National Institute of Justice shall contract with 
the researchers and experts selected by the Commis-
sion 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 sub-
poenas for the attendance of witnesses and the produc-
tion 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
EVI-
DENCE.—Documents provided to the Commission pur-
suant 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 nec-
essary to carry out this section. 
(m) TERMINATION.—The Commission shall terminate 
on the date that is 60 days after the date on which the Com-
mission submits the reports required by this section. 
(n) EXEMPTION.—The Commission shall be exempt 
from the Federal Advisory Committee Act. 
SEC. 8. ADOPTION AND EFFECT OF NATIONAL STANDARDS. 
(a) PUBLICATION OF PROPOSED STANDARDS.—
(1) FINAL RULE.—Not later than 1 year after re-
ceiving the report specified in section 7(d)(3), the At-
torney General shall publish a final rule adopting na-
tional standards for the detection, prevention, reduc-
tion, 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 com-
pared to the costs presently expended by Federal, 
State, and local prison authorities. The Attorney Gen-
eral 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 stand-
ards adopted under such paragraph to the chief execu-
tive of each State, the head of the department of cor-
rections of each State, and to the appropriate authori-
ties in those units of local government who oversee op-
eration in one or more prisons. 
(b) APPLICABILITY TO FEDERAL BUREAU OF PRIS-
ONS.—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 sub-
section, a grant program is covered by this sub-
section 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 Attor-
ney 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 oth-
erwise 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 execu-
tive of the State submits to the Attorney General—
(A) a certification that the State has adopt-
ed, and is in full compliance with, the national 
standards described in section 8(a); or 
(B) an assurance that not less than 5 per-
cent 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 fu-
ture 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 fis-
cal 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 au-
thorized use is available), unless the chief executive of 
the State submits to the Attorney General a certifi-
cation that neither the State, nor any political sub-
division 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 re-
duction 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 gov-
erning that program. 
(6) IMPLEMENTATION.—The Attorney General 
shall establish procedures to implement this sub-
section, including procedures for effectively applying 
this subsection to discretionary grant programs. 
(7) EFFECTIVE DATE.—
(A) REQUIREMENT OF ADOPTION OF STAND-
ARDS.—The first grants to which paragraph (2) 
applies are grants for the second fiscal year be-
ginning 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 ORGANIZA-
TIONS ADOPT ACCREDITATION STANDARDS. 
(a) ELIGIBILITY FOR FEDERAL GRANTS.—Notwith-
standing any other provision of law, an organization re-
sponsible for the accreditation of Federal, State, local, or 
private prisons, jails, or other penal facilities may not re-
ceive 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 sub-
section (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 ac-
crediting, 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 de-
tection, 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 penetra-
tion 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 adju-
dicated 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 crimi-
nal 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 con-
finement facility of a Federal, State, or local govern-
ment, 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 cus-
tody or care of juvenile inmates. 
(8) PRISON RAPE.—The term ‘‘prison rape’’ in-
cludes the rape of an inmate in the actual or con-
structive control of prison officials. 
(9) RAPE.—The term ‘‘rape’’ means—
(A) the carnal knowledge, oral sodomy, sex-
ual assault with an object, or sexual fondling of 
a person, forcibly or against that person’s will; 
(B) the carnal knowledge, oral sodomy, sex-
ual 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 tem-
porary or permanent mental or physical inca-
pacity; or 
(C) the carnal knowledge, oral sodomy, sex-
ual assault with an object, or sexual fondling of 
a person achieved through the exploitation of the
fear or threat of physical violence or bodily in-
jury. 
(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 pene-
trate, however slightly, the genital or anal opening of 
the body of another person. 
(11) SEXUAL
FONDLING.—The term ‘‘sexual 
fondling’’ means the touching of the private body 
parts of another person (including the genitalia, 
anus, groin, breast, inner thigh, or buttocks) for the 
purpose of sexual gratification. 
(12) EXCLUSIONS.—The terms and conditions 
described in paragraphs (9) and (10) shall not apply 
to—
(A) custodial or medical personnel gath-
ering physical evidence, or engaged in other le-
gitimate medical treatment, in the course of in-
vestigating 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 unre-
lated 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 secu-
rity and safety within the prison or detention fa-
cility, provided that the search is conducted in 
a manner consistent with constitutional require-
ments.
Union Calendar No. 121
108TH CONGRESS 
1ST SESSION 
H. R. 1707
[Report No. 108–219] 
A BILL 
To provide for the analysis of the incidence and ef-
fects of prison rape in Federal, State, and local 
institutions and to provide information, re-
sources, recommendations, and funding to pro-
tect individuals from prison rape. 
JULY 18, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed