I
107TH CONGRESS
2D SESSION
H. R. 4943
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
JUNE 13, 2002
Mr. WOLF (for himself and Mr. SCOTT) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Prison Rape Reduction Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. National prison rape statistics, data, and research.
Sec. 3. Prison rape prevention and prosecution.
Sec. 4. Prison rape prevention and prosecution grants.
Sec. 5. National Prison Rape Reduction Commission.
Sec. 6. Adoption and effect of national standards.
Sec. 7. Model standards for acute post-trauma treatment.
Sec. 8. Requirement that accreditation organizations adopt accreditation stand-
ards.
Sec. 9. Attorney General designation of grant programs for funding reduction.
Sec. 10. Definitions.
SEC. 2. NATIONAL PRISON RAPE STATISTICS, DATA, AND
RESEARCH.
(a) ANNUAL
COMPREHENSIVE
STATISTICAL
RE-
VIEW.—
(1) IN GENERAL.—The Bureau of Justice Sta-
tistics of the Department of Justice (in this section
referred to as the ‘‘Bureau’’) shall carry out, for
each calendar year, a comprehensive statistical re-
view 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) inmates who have been involved with
prison rape, both victims and perpetrators; and
(B) prisons and prison systems with a high
incidence of prison rape.
(2) SAMPLING
TECHNIQUES.—The 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 mu-
nicipal prisons. The selection of facilities for sam-
pling shall be made at the latest practicable date
prior to conducting the surveys and shall not be dis-
closed 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 pre-
clude its selection for sampling in any subsequent
year.
(3) SURVEYS.—In carrying out the review re-
quired by this subsection, the Bureau shall, in addi-
tion 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 sur-
vey participant.
(b) REVIEW PANEL ON PRISON RAPE.—
(1) ESTABLISHMENT.—To assist the Bureau in
carrying out the review and analysis under sub-
section (a), there is established, within the Bureau,
the Review Panel on Prison Rape (in this section re-
ferred 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 consulta-
tion 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
each entity identified in a report under clause
(ii) or (iii) of subsection (c)(2)(B). The purpose
of these hearings shall be to collect evidence to
aid in the identification of common characteris-
tics of inmates who have been involved in prison
rape, both victims and perpetrators, and the
identification of common characteristics of pris-
ons and prison systems with a high incidence of
prison rape.
(B) TESTIMONY AT HEARINGS.—
(i) PUBLIC
OFFICIALS.—In carrying
out the hearings required under subpara-
graph (A), the Panel shall request the pub-
lic testimony of Federal, State, and local
officials (and organizations that represent
such officials), including the warden or di-
rector of each prison and the head of the
prison system encompassing such prison,
who bear responsibility for the prevention,
detection, and punishment of prison rape
at each entity.
(ii) VICTIMS.—The Panel may request
the testimony of prison rape victims, orga-
nizations representing such victims, and
other appropriate individuals and organiza-
tions.
(C) FAILURE TO TESTIFY.—If, after re-
ceiving a request by the Panel under subpara-
graph (B)(i), a State or local official declines to
testify at a reasonably designated time, the
Federal funds provided to the entity rep-
resented by that official pursuant to the grant
programs designated by the Attorney General
under section 9 shall be reduced by 20 percent
and reallocated to other entities. This reduction
shall be in addition to any other reduction pro-
vided under this Act.
(c) REPORTS.—
(1) IN GENERAL.—Not later than March 30 of
each year, the Bureau shall submit a report on the
activities of the Bureau (including the Review
Panel), with respect to prison rape, for the pre-
ceding calendar year to—
(A) Congress;
(B) the Attorney General; and
(C) 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; and
(B) with respect to the incidence of prison
rape—
(i) statistical data aggregated at the
Federal, State, prison system, and prison
levels;
(ii) an identification of the Federal
Government, if applicable, and each State
and local government (and each prison sys-
tem and institution in the representative
sample) where the incidence of prison rape
exceeds the national median level by not
less than 30 percent; and
(iii) an identification of jail and police
lockup systems in the representative sam-
ple where the incidence of prison rape is
significantly avoidable.
(3) DATA ADJUSTMENTS.—In preparing the in-
formation specified in paragraph (2), the Bureau
shall, not later than the second year in which sur-
veys are conducted under this Act, use established
statistical methods to adjust the data as necessary
to account for exogenous factors, outside of the con-
trol of the State, prison system, or prison, which
have demonstrably contributed to the incidence of
prison rape. For each such adjustment made, the
Bureau shall identify and explain such adjustment
in the report.
(d) CONTRACTS AND GRANTS.—In carrying out its
duties under this section, the Bureau may—
(1) contract with the National Research Council
of the National Academy of Sciences; and
(2) provide grants for research through the Na-
tional Science Foundation or the National Institute
of Justice.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $15,000,000 for each
fiscal year to carry out the purposes of this section, which
shall remain available until expended.
SEC. 3. PRISON RAPE PREVENTION AND PROSECUTION.
(a) COMPLAINT COLLECTION AND REVIEW.—
(1) IN GENERAL.—The Attorney General shall
carry out a program to—
(A) collect complaints of prison rape from
inmates;
(B) transmit those complaints to the ap-
propriate Federal, State, or local authorities;
and
(C) provide for periodic reviews of the re-
sponse of Federal, State, and local authorities
to such complaints.
(2) CONFIDENTIALITY.—The Attorney General
shall ensure the confidentiality of each complainant.
(b) INFORMATION AND ASSISTANCE.—
(1) NATIONAL CLEARINGHOUSE.—The Attorney
General shall establish a national clearinghouse for
the provision of information and assistance to Fed-
eral, State, and local authorities responsible for the
prevention, investigation, and punishment of in-
stances of prison rape.
(2) TRAINING AND EDUCATION.—The Attorney
General shall conduct periodic training and edu-
cation programs for Federal, State, and local au-
thorities responsible for the prevention, investiga-
tion, and punishment of instances of prison rape.
(c) REPORTS.—
(1) IN GENERAL.—Not later than February 15
of each year, the Attorney General shall submit a re-
port 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—
(A) the activities of the Department of
Justice regarding prison rape abatement and
prosecution for the preceding calendar year;
(B) the complaints collected by the Depart-
ment of Justice; and
(C) the actions taken by the Department
of Justice with respect to the complaints sum-
marized under subparagraph (B).
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $5,000,000 for each fis-
cal year to carry out the purposes of this section, which
shall remain available until expended.
SEC. 4. PRISON RAPE PREVENTION AND PROSECUTION
GRANTS.
(a) ENHANCED
RESPONSE
TO
PRISON
RAPE
GRANTS.—
(1) GRANTS AUTHORIZED.—The Attorney Gen-
eral shall make 1-year grants to States, units of
local government, prisons, and prison systems.
(2) USE
OF
FUNDS.—Grants awarded under
paragraph (1) shall only be used to—
(A) undertake more effective efforts to pre-
vent prison rape;
(B) investigate such incidents; and
(C) punish the perpetrators.
(3) MATCHING REQUIREMENT.—The Federal fi-
nancial assistance provided under this subsection
may not exceed 50 percent of the total costs of the
program being funded.
(4) MAXIMUM AMOUNT.—The Attorney General
shall not award a grant under this subsection in an
amount which exceeds $1,000,000.
(5) APPLICATIONS.—
(A) IN
GENERAL.—To request a grant
under this subsection, the chief executive of a
State or unit of local government shall submit
an application to the Attorney General at such
time, in such manner, and accompanied by such
information as the Attorney General may re-
quire.
(B) CONTENTS.—Each application re-
quired by subparagraph (A) shall—
(i) include the certification of the
chief executive that the State receiving
such grant (or the State encompassing the
unit of local government receiving such
grant) has adopted all national prison rape
standards that have been promulgated
under this Act; and
(ii) specify with particularity the addi-
tional preventative, prosecutorial, or ad-
ministrative actions to be taken by the
State or unit of local government to pre-
vent prison rape and to respond to inci-
dents of prison rape that occur.
(6) REPORT BY GRANTEE.—
(A) IN GENERAL.—The Attorney General
shall require each grantee to submit, not later
than December 31 of the year following the re-
ceipt of a grant under this section—
(i) a report on the activities carried
out with grant amounts during the pre-
ceding Federal fiscal year; and
(ii) an evaluation of the impact of
such activities on the incidence of prison
rape and the grantee’s response to such in-
cidents.
(B) DISSEMINATION.—The Attorney Gen-
eral shall provide a copy of each report sub-
mitted under subparagraph (A) to the National
Prison Rape Reduction Commission until such
Commission is terminated.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $40,000,000 for each
fiscal year to fund the grants authorized under subsection
(a), which shall remain available until expended.
SEC. 5. NATIONAL PRISON RAPE REDUCTION COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the National Prison Rape Reduc-
tion Commission (in this section referred to as the ‘‘Com-
mission’’).
(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 Speak-
er is of the same party as the President, in