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 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 ap-
pointment 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
Commission.
(3) CONSULTATION REQUIRED.—The President,
the Speaker and minority leader of the House of
Representatives, and the majority leader and minor-
ity leader of the Senate shall consult with one an-
other 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 completed 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 completed not
later than 60 days after the date on which the va-
cancy occurred.
(c) OPERATION.—
(1) CHAIRPERSON.—
(A) APPOINTMENT.—Not later than 15
days after the initial appointment of the mem-
bers is completed, the President, the Speaker of
the House of Representatives, and the majority
leader of the Senate shall jointly appoint a
chairperson for the Commission from among
the members of the Commission.
(B) MAJORITY VOTE.—If the designation
of a chairperson does not occur by the date
specified in subparagraph (A), the chairperson
shall be appointed by the majority vote of the
President, the Speaker and minority leader of
the House of Representatives, and the majority
leader and minority leader of the Senate.
(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 con-
duct business, but the Commission may establish a
lesser quorum for conducting hearings scheduled by
the Commission.
(4) RULES.—Each member of the Commission
shall have 1 vote. The Commission may establish by
majority vote any other rules for the conduct of
Commission business, if such rules are not incon-
sistent 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 punish-
ment of prison rape;
(B) an assessment of the relationship be-
tween prison rape and prison conditions, and of
existing monitoring, regulatory, and enforce-
ment 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 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
prison 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 pris-
on rape;
(I) an assessment of the safety and secu-
rity of prison facilities and the relationship of
prison facility construction and design to the in-
cidence of prison rape;
(J) an assessment of the feasibility and
cost of any particular proposals for prison re-
form;
(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;
and
(M) an assessment of the relationship be-
tween prison rape and levels of training, super-
vision, and discipline of prison staff.
(3) REPORT.—
(A) DISTRIBUTION.—Not later than 24
months after the date of the initial meeting of
the Commission, the Commission shall submit a
report on the study carried out under this sub-
section to—
(i) the President;
(ii) the Committees on the Judiciary
of the Senate and the House of Represent-
atives;
(iii) the Attorney General;
(iv) the Secretary of Health and
Human Services;
(v) the Director of the Federal Bu-
reau of Prisons; and
(vi) the chief executive of each State.
(B) CONTENTS.—The report under sub-
paragraph (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
provided under paragraph (1) shall include rec-
ommended 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 due to prison rape;
(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) 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
(L) such other matters as may reasonably
be related to the detection, prevention, reduc-
tion, and punishment of prison rape.
(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 pris-
on authorities.
(f) HEARINGS.—
(1) IN GENERAL.—The Commission shall hold
public hearings. The Commission may hold such
hearings, sit and act at such times and places, ad-
minister such oaths, take such testimony, and re-
ceive such evidence as the Commission considers ad-
visable 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.
(g) INFORMATION FROM FEDERAL OR STATE AGEN-
CIES.—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.
(h) 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 detail shall be without interruption or loss
of civil service 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.
(i) CONTRACTS FOR RESEARCH.—
(1) NATIONAL RESEARCH COUNCIL.—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 Research Council of the National
Academy of Sciences shall contract with the re-
searchers 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.
(j) 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 EVI-
DENCE.—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.
(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the National Acad-
emy of Sciences such sums as may be necessary to carry
out the purposes of this section. Any sums appropriated
shall remain available, without fiscal year limitation, until
expended.
(l) 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.
(m) EXEMPTION.—The Commission shall be exempt
from the Federal Advisory Committee Act.
SEC. 6. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) PUBLICATION OF PROPOSED STANDARDS.—
(1) IN
GENERAL.—Not later than 180 days
after receiving the report required under section
5(d)(3) from the National Prison Rape Reduction
Commission, the Attorney General shall publish a
notice of proposed rulemaking for the adoption of
national standards for the detection, prevention, re-
duction, 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 na-
tional standards provided by the Commission under
section 5(e), and being informed by such data, opin-
ions, and proposals that the Attorney General deter-
mines 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.
(4) FINAL RULE.—Not later than 1 year after
receiving the report specified in paragraph (1), the
Attorney General shall publish a final rule adopting
national standards for the detection, prevention, re-
duction, and punishment of prison rape.
(5) TRANSMISSION
TO
STATES.—Upon pub-
lishing the final rule under paragraph (4), the Attor-
ney General shall transmit the national standards
adopted under such paragraph to the chief executive
of each State.
(b) APPLICABILITY TO FEDERAL BUREAU OF PRIS-
ONS.—The national standards referred to in subsection
(a) shall apply to the Federal Bureau of Prisons imme-
diately upon adoption of the final rule under subsection
(a)(2).
(c) FUNDING REDUCTION.—
(1) STATE
ADOPTION
OF
NATIONAL
STAND-
ARDS.—The Attorney General shall reduce by 20
percent a State’s allocation of the Federal grant
funding designated under section 9 (and reallocate
such funding to other States) unless the State en-
acts a statute that expressly—
(A) adopts the national standards received
by the State under subsection (a)(5), as appli-
cable to that State; or
(B) declines to adopt such national stand-
ards, as applicable to that State.
(2) EFFECTIVE DATE.—The funding reduction
under paragraph (1) shall not occur until 1 year
after the transmission of the national standards
under subsection (a)(5), or the date of the expiration
of the first regular legislative session of the State
beginning after the date of such transmission,
whichever occurs later.
SEC. 7. MODEL STANDARDS FOR ACUTE POST-TRAUMA
TREATMENT.
(a) REVIEW
OF MODEL PROGRAMS
AND PROTO-
COLS.—Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services,
in consultation with the Attorney General, shall complete
a review of model programs and protocols for the response
to and treatment of acute trauma for male and female
rape victims within prisons and jails.
(b) MODEL STANDARDS.—
(1) IN GENERAL.—Upon completion of the re-
view required by subsection (a), the Secretary shall
establish model standards relating to—
(A) the preservation of physical and testi-
monial evidence for use in an investigation of
the circumstances relating to the rape;
(B) the manner and extent of physical ex-
amination and treatment to be provided to any
rape victim;
(C) the manner and extent of any psycho-
logical examination, psychiatric care (including,
if appropriate, medication), and mental health
counseling to be provided to any rape victim;
(D) the preservation of the confidentiality
of information relating to prison rape victims;
and
(E) the production and dissemination with-
in a prison system of model response protocols
and programs for the treatment of, investiga-
tion of, and response to prison rape.
(2) LIMITATION.—The Secretary shall not es-
tablish a model standard that would impose substan-
tial additional costs compared to the costs presently
expended by Federal, State, and local prison au-
thorities.
(c) SUMMARY.—
(1) IN GENERAL.—Upon completion of the re-
view required by subsection (a) and the establish-
ment of model standards required by subsection (b),
the Secretary shall submit a summary of the results
of the review and the model standards to the Na-
tional Prison Rape Reduction Commission.
(2) CONTENTS.—The summary shall include,
for each model standard, the estimated costs for im-
plementation of such standard and the basis for
such estimates.
SEC. 8. 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 ben-
efit from any Federal grants during any period in which
program or programs to which the funding reductions
specified in this Act shall apply.
(b) CRITERIA.—The grant program or programs des-
ignated under subsection (a) shall be the existing grant
programs—
(1) that, in the judgment of the Attorney Gen-
eral, are most compromised by failure to adopt poli-
cies that reduce the incidence of prison rape; and
(2) for which aggregate annual Federal appro-
priations exceed $1,000,000,000.
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 pene-
tration 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, pre-
trial release, or diversionary program.
(3) JAIL.—The term ‘‘jail’’ means a confine-
ment facility of a Federal, State, or local law en-
forcement agency to hold—
(A) persons pending adjudication of crimi-
nal charges; or
(B) persons committed to confinement
after adjudication of criminal charges for sen-
tences 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 lock-
up’’ 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 gov-
ernment, whether administered by such government
or by a private organization on behalf of such gov-
ernment, 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,
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 con-
sent because of his or her youth or his or her
temporary or permanent mental or physical in-
capacity; 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 open-
ing 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.
Æ