(3) contract with or provide grants to any other 
entity the Bureau deems appropriate. 
(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. 
(f) FUNDING INCREASE.—The proportional share of 
the total Federal funds of the grant programs designated 
under section 11 provided to any Federal, State, or local 
government or prison system and institution that is not 
identified in a report under clause (ii) or (iii) of subsection 
(c)(2)(B) shall be increased by 10 percent in the fiscal 
year following the fiscal year in which the report is issued. 
This increase shall be in addition to any other increase 
provided under this Act. 
SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION. 
(a) INFORMATION AND ASSISTANCE.—
(1) NATIONAL CLEARINGHOUSE.—There is es-
tablished within the National Institute of Correc-
tions a national clearinghouse for the provision of in-
formation and assistance to Federal, State, and local 
authorities responsible for the prevention, investiga-
tion, and punishment of instances of prison rape. 
(2) TRAINING AND EDUCATION.—The National 
Institute of Corrections shall conduct periodic train-
ing and education programs for Federal, State, and 
local authorities responsible for the prevention, in-
vestigation, and punishment of instances of prison 
rape. 
(b) REPORTS.—
(1) IN GENERAL.—Not later than February 15 
of each year, the National Institute of Corrections 
shall submit a report 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 the activities of the 
Department of Justice regarding prison rape abate-
ment for the preceding calendar year. 
(c) 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. 6. 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. 7. 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 
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; 
(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 incidences 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 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; 
(vi) the chief executive of each State; 
and 
(vii) the head of the department of 
corrections 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-
from retaliation, and assure the impartial reso-
lution 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, 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. 8. 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 
7(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 7(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. The Attorney 
General may, however, provide a list of improve-
ments for consideration by correctional facilities. 
(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 and the head of the department of cor-
rections 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)(4). 
(c) FUNDING INCREASE.—The proportional share of 
the total Federal funds of the grant programs designated 
under section 11 provided to a State shall be increased 
by 10 percent in the 2 fiscal years following the fiscal year 
in which the State enacts a statute that expressly adopts 
the national standards received by the State under sub-
section (a)(5), as applicable to that State. This increase 
shall be in addition to any other increase provided under 
this Act. 
(d) CERTIFICATION.—(1) Each State which adopts 
the national standards pursuant to section 8(c)(1) hereof 
shall, every two years, obtain, from an accreditation orga-
nization that is in compliance with section 10 of this Act, 
a certification that the State is in compliance with the na-
tional standards and in particular has adopted a system 
that is adequate and effective to ensure compliance with 
the section 7(e)(2)(K) standards regarding the confiden-
tiality of prison rape complaints, protection of complain-
ants from retaliation, and impartial resolution of prison 
rape complaints. 
(2) The proportional share of the total Federal funds 
of the grant programs designated under section 11 pro-
vided to a State shall be increased by 10 percent for the 
2 fiscal years following the fiscal year in which the State 
achieves a certification under paragraph (1). This increase 
shall be in addition to any other increase provided under 
this Act, except it shall not be provided in addition to any 
increase under subsection (c) of this section. 
SEC. 9. 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. 10. 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 
such organization fails to meet any of the requirements 
of subsection (b). 
(b) REQUIREMENTS.—To be eligible to receive Fed-
eral grants, an accreditation organization referred to in 
subsection (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. 11. DESIGNATION OF GRANT PROGRAMS FOR FUND-
ING 
INCREASES; 
ADJUSTMENTS 
TO 
IN-
CREASES. 
(a) DESIGNATION OF GRANT PROGRAMS.—Not later 
than 120 days after the date of enactment of this Act, 
and on a fixed date each year thereafter, the Attorney 
General shall designate and publish a list of formula grant 
programs that, in combination, aggregate no less than 
$1,000,000,000 and no more than $3,000,000,000 in an-
nual Federal appropriations, which programs are most re-
lated to the failure to abate prison rape.
(b) CAP ON INCREASES.—For any formula grant pro-
gram identified under subsection (a), the total dollar 
amount of any increase in the grant provided to any State 
or other entity under this Act shall not exceed 10 percent 
of the total Federal funds available under such grant pro-
gram. 
(c) SOURCE OF FUNDS FOR INCREASES.—For any 
increased grants provided under this Act to any entity 
under any grant program designated pursuant to sub-
section (a), the increased grant shall be provided first by 
funds redistributed from all grants under the program to 
entities that are not entitled to any increases under this 
Act, except that no grant shall be reduced by more than 
20 percent of the total grant funds that otherwise would 
have been awarded, and second by funds redistributed 
from all other grants under the program. 
(d) EFFECTIVE DATE OF INCREASE.—The programs 
designated under subsection (a) shall be subject to in-
creases under this Act in the first fiscal year that com-
mences after the date the Attorney General designates 
such programs. 
SEC. 12. 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. 
(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;