(1) IN GENERAL.—There are authorized to be ap-
propriated 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 para-
graph (1) of subsection (b). 
SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION. 
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the National Prison Rape Reduction 
Commission (in this section referred to as the ‘‘Commis-
sion’’). 
(b) MEMBERS.—
(1) IN GENERAL.—The Commission shall be com-
posed 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 ap-
pointed by the minority leader of the House of 
Representatives; 
(C) 1 shall be appointed by the minority 
leader of the House of Representatives (in addi-
tion to any appointment made under subpara-
graph (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 appoint-
ment made under subparagraph (D)). 
(2) PERSONS ELIGIBLE.—Each member of the 
Commission shall be an individual who has knowl-
edge or expertise in matters to be studied by the Com-
mission. 
(3) CONSULTATION REQUIRED.—The President, 
the Speaker and minority leader of the House of Rep-
resentatives, and the majority leader and minority 
leader of the Senate shall consult with one another 
prior to the appointment of the members of the Com-
mission 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 ap-
pointment 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 oc-
curred. 
(c) OPERATION.—
(1) CHAIRPERSON.—Not later than 15 days after 
appointments of all the members are made, the Presi-
dent 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 com-
pleted. 
(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 Com-
mission 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 re-
spect to the prevention, detection, and punish-
ment of prison rape; 
(B) an assessment of the relationship be-
tween 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 trans-
mission 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 treat-
ment 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 assess-
ment of the extent to which the incidence of pris-
on rape contributes to recidivism and to in-
creased incidence of sexual assault; 
(H) an examination of the feasibility and 
cost of conducting surveillance, undercover ac-
tivities, 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 addi-
tional scientific and social science research on 
the prevalence of prison rape in Federal, State, 
and local prisons; 
(L) an assessment of the general relation-
ship between prison rape and prison violence; 
(M) an assessment of the relationship be-
tween prison rape and levels of training, super-
vision, 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 exist-
ing 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 Com-
mission, 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 cor-
rections of each State. 
(B) CONTENTS.—The report under subpara-
graph (A) shall include—
(i) the findings and conclusions of the 
Commission; 
(ii) recommended national standards 
for reducing prison rape; 
(iii) recommended protocols for pre-
serving 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 re-
port submitted under subsection (d)(3), the Commis-
sion shall provide the Attorney General and the Sec-
retary of Health and Human Services with rec-
ommended national standards for enhancing the de-
tection, prevention, reduction, and punishment of 
prison rape. 
(2) MATTERS INCLUDED.—The information pro-
vided under paragraph (1) shall include recommended 
national standards relating to—
(A) the classification and assignment of 
prisoners, using proven standardized instru-
ments 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 testi-
monial evidence for use in an investigation of 
the circumstances relating to the rape;
(D) acute-term trauma care for rape vic-
tims, 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 psy-
chological 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 meas-
ures for reducing the incidence of HIV trans-
mission due to prison rape; 
(G) post-rape prophylactic medical meas-
ures for reducing the incidence of transmission of 
sexual diseases; 
(H) the training of correctional staff suffi-
cient to ensure that they understand and appre-
ciate the significance of prison rape and the ne-
cessity of its eradication; 
(I) the timely and comprehensive investiga-
tion 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 inci-
dents of prison rape that will ensure the con-
fidentiality 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 com-
plaints by prison officials and Federal, 
State, and local investigation and prosecu-
tion authorities; and 
(M) such other matters as may reasonably 
be related to the detection, prevention, reduction, 
and punishment of prison rape. 
(3) LIMITATION.—The Commission shall not pro-
pose a recommended standard that would impose sub-
stantial additional costs compared to the costs pres-
ently expended by Federal, State, and local prison 
authorities.
(f) CONSULTATION WITH ACCREDITATION ORGANIZA-
TIONS.—In developing recommended national standards for 
enhancing the detection, prevention, reduction, and punish-
ment of prison rape, the Commission shall consider any 
standards that have already been developed, or are being 
developed simultaneously to the deliberations of the Com-
mission. 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 hear-
ings, sit and act at such times and places, take such 
testimony, and receive such evidence as the Commis-
sion 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 mile-