42 U.S.C. § 15607 (THE PUBLIC HEALTH AND WELFARE)
§ 15607. Adoption and effect of national standards
(a) Publication of proposed standards
(1) Final rule
Not later than 1 year after receiving the report specified in section 15606(d)(3) of this title, the Attorney General shall publish a final rule adopting national standards for the detection, prevention, reduction, 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 15606(e) of this title, 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 compared to the costs presently expended by Federal, State, and local prison authorities. The Attorney General 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 standards adopted under such paragraph to the chief executive of each State, the head of the department of corrections of each State, and to the appropriate authorities in those units of local government who oversee operations in one or more prisons.
(b) Applicability to Federal Bureau of Prisons
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) Applicability to detention facilities operated by the Department of Homeland Security
(1) In general
Not later than 180 days after March 7, 2013, the Secretary of Homeland Security shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States.
(2) Applicability
The standards adopted under paragraph (1) shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with the Department.
(3) Compliance
The Secretary of Homeland Security shall—
(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and
(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security.
(4) Considerations
In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due consideration to the recommended national standards provided by the Commission under section 15606(e) of this title.
(5) Definition
As used in this section, the term “detention facilities operated under contract with the Department” includes, but is not limited to contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security.
(d) Applicability to custodial facilities operated by the Department of Health and Human Services
(1) In general
Not later than 180 days after March 7, 2013, the Secretary of Health and Human Services shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied alien children (as defined in section 279(g) of title 6).
(2) Applicability
The standards adopted under paragraph (1) shall apply to facilities operated by the Department of Health and Human Services and to facilities operated under contract with the Department.
(3) Compliance
The Secretary of Health and Human Services shall—
(A) assess compliance with the standards adopted under paragraph (1) on a regular basis; and
(B) include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services.
(4) Considerations
In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 15606(e) of this title.
(e) Eligibility for Federal funds
(1) Covered programs
(A) In general
For purposes of this subsection, a grant program is covered by this subsection 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 Attorney 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 otherwise 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 executive of the State submits to the Attorney General—
(A) a certification that the State has adopted, and is in full compliance with, the national standards described in subsection (a); or
(B) an assurance that not less than 5 percent 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 future 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 subsection (a).
(4) Cooperation with survey
For each fiscal 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 authorized use is available), unless the chief executive of the State submits to the Attorney General a certification that neither the State, nor any political subdivision or unit of local government within the State, is listed in a report issued by the Attorney General pursuant to section 15603(c)(2)(C) of this title.
(5) Redistribution of amounts
Amounts under a grant program not granted by reason of a reduction 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 governing that program.
(6) Implementation
The Attorney General shall establish procedures to implement this subsection, including procedures for effectively applying this subsection to discretionary grant programs.
(7) Effective date
(A) Requirement of adoption of standards
The first grants to which paragraph (2) applies are grants for the second fiscal year beginning after the date on which the national standards under subsection (a) are finalized.
(B) Requirement for cooperation
The first grants to which paragraph (4) applies are grants for the fiscal year beginning after September 4, 2003.
(Pub. L. 108–79, § 8, Sept. 4, 2003, 117 Stat. 985; Pub. L. 113–4, title XI, § 1101(c), Mar. 7, 2013, 127 Stat. 134.)
heading: Amendments
text: 2013—Subsecs. (c) to (e). Pub. L. 113–4 added subsecs. (c) and (d) and redesignated former subsec. (c) as (e).