117 STAT. 972 PUBLIC LAW 108-79-SEPT. 4, 2003
Sept. 4, 2003
Prison Rape Elimination Act of 2003.
45 use 15601 note.
42 use 15601.
Public Law 108-79
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 Representatives of the United States of America in Congress assembled,
SECTION l. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.-This Act may be cited as the "Prison Rape
Elimination Act of 2003".
(b) TABLE OF CONTENTS.-The table of contents of this Act is
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. National prison rape statistics, data, and research.
Sec. 5.Prison rape prevention and prosecution.
Sec. 6. Grants to protect inmates and safeguard communities.
Sec. 7. National Prison Rape Reduction Commission.
Sec. 8. Adoption and effect of national standards.
Sec. 9. Requirement that accreditation organizations adopt accreditation standards.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) 2,100,146 persons were incarcerated in the United States
at the end of 2001: 1,324,465 in Federal and State prisons and
631,240 in county and local jails. In 1999, there were more than
10,000,000 separate admissions to and discharges from prisons
(2) Insufficient research has been conducted and insufficient
data reported on the extent of prison rape. However, experts have
conservatively estimated that at least 13 percent of the inmates in
the United States have been sexually assaulted in prison. Many
inmates have suffered repeated assaults. Under this estimate,
nearly 200,000 inmates now incarcerated have been or will be the
victims of prison rape. The total number of inmates who have
been sexually assaulted in the past 20 years likely exceeds
(3) Inmates with mental illness are at increased risk of sexual
victimization. America's jails and prisons house more mentally ill
individuals than all of the Nation's psychiatric hospitals combined.
As many as 16 percent of inmates in State prisons and jails, and 7
percent of Federal inmates, suffer from mental illness.
( 4) Young first-time offenders are at increased risk of sexual
victimization. Juveniles are 5 times more likely to be sexually
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT.973
assaulted in adult rather than juvenile facilities -often within the first 48 hours of incarceration.
(5) Most prison staff are not adequately trained or prepared to prevent, report, or treat inmate sexual assaults.
(6) Prison rape often goes unreported, and inmate victims often receive inadequate treatment for the severe physical and psychological effects of sexual assault -if they receive treatment at all.
(7) HIV and AIDS are major public health problems within America's
correctional facilities. In 2 000, 25,088 inmates in Federal and State prisons were known to be infected with HIV/AIDS. In 2000, HIV/AIDS accounted for more than 6 percent of all deaths in Federal and State prisons. Infection rates for other
sexually transmitted diseases, tuberculosis , and hepatitis B and C are also far greater for prisoners than for the American population as a whole. Prison rape undermines the public health by contributing to the spread of these diseases, and often giving a potential death sentence to its victims.
(8) Prison rape endangers the public safety by making brutalized inmates more likely to commit crimes when they are released -as 600,000 inmates are each year. '
(9) The frequently interracial character of prison sexual assaults
significantly exacerbates interracial' tensions, both within prison and, upon release of perpetrators and victims from prison, in the community at large.
(10) Prison rape increases the level of homicides and other violence against inmates and staff, and the risk of insurrections and riots.
(11) Victims of prison rape suffer severe physical and psychological effects that hinder their ability to integrate into the community and maintain stable employment upon their release from prison. They are thus more likely to become home less and/or require government assistance.
(12) Members of the public and government officials are largely unaware of the epidemic character of prison rape and the day-to-day horror experienced by victimized inmates. '
(13) The high incidence of sexual assault within prisons involves actual and potential violations of the United States Constitution. In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court ruled that deliberate indifference to the substantial risk of sexual assault violates prisoner s' rights under the Cruel and Unusual Punishments Clause of the Eighth Amendment. The Eighth Amendment rights of State and local prisoners are protected through the Due Process Clause of the Fourteenth Amendment. Pursuant to the power of Congress under
Section Five of the Fourteenth Amendment, Congress may take
action to enforce those rights in States where officials have demonstrated such indifference. States that do not take basic steps to abate prison rape by adopting standards that do not generate
significant additional expenditures demonstrate such indifference. Therefore, such States are not entitled to the same level of Federal benefits as other States.
(14) The high incidence of prison rape undermines the effectiveness and efficiency of United States Government expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, 117 STAT. 974 PUBLIC LAW 108-79-SEPT. 4, 2003 42 use 15602.maintenance, and operation; race relations; poverty; unemployment and homelessness. The effectiveness and efficiency of these federally funded grant programs are compromised by the failure of State officials to adopt policies and procedures that reduce the incidence of prison rape in that the high incidence of prison rape:
(A) increases the costs incurred by Federal, State, and
local jurisdictions to administer their prison systems;
(B) increases the levels of violence, directed at inmates
and at staff, within prisons;
(C) increases health care expenditures, both inside and
outside of prison systems, and reduces the effectiveness of
disease prevention programs by substantially increasing the
incidence and spread of HIV, AIDS, tuberculosis, hepatitis
Band C, and other diseases;
(D) increases mental health care expenditures, both
inside and outside of prison systems, by substantially
increasing the rate of post -traumatic stress disorder,
depression, suicide, and the exacerbation of existing mental
illnesses among current and former inmates;
(E) increases the risks of recidivism, civil strife, and
violent crime by individuals who have been brutalized by
prison rape; and
(F) increases the level of interracial tensions and strife
within prisons and, upon release of perpetrators and victims,
in the community at large.
(15) The high incidence of prison rape has a significant effect
on interstate. commerce because it increases substantially -
(A) the costs incurred by Federal, State, and local jurisdictions
to administer their prison systems;
(B) the incidence and spread of HIV, AIDS, tuberculosis,
hepatitis Band C, and other diseases, contributing to
increased health and medical expenditures throughout the
(C) the rate of post-traumatic stress disorder, depression,
suicide, and the exacerbation of existing mental ill nesses
among current and former inmates, contributing to increased
health and medical expenditures throughout the Nation; and
(D) the risk of recidivism, civil strife, and violent crime
by individuals who have been brutalized by prison rape.
SEC. 3. PURPOSES.
The purposes of this Act are to -
(1) establish a zero -tolerance standard for the incidence of
prison rape in prisons in the United States;
(2) make the prevention of prison rape a top priority in each
(3) develop and implement national standards for the detec tion,
prevention, reduction, and punishment of prison rape; (4) increase
the available data and information on the incidence of prison
rape, consequently improving the manage ment and administration
of correctional facilities;
(5) standardize the definitions used for collec ting data on the
incidence of prison rape;
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT. 975
(6) increase the accountability of prison officials who f ail to
detect, prevent, reduce, and punish prison rape;
(7) protect the Eighth Amendment rights of Federal, State, and
(8) increase the efficiency and effectiveness of Federal
expenditures through grant programs such as those dealing with
health care; mental health care; disease prevention; crime prevention,
investigation, and prosecution; prison construction, maintenance, and
operation; race relations; poverty; unemployment; and homelessness;
(9) reduce the costs that prison rape imposes on interstate
commerce. SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH. 42 USC 15603.
ANNUAL COMPREHENSIVE STATISTICAL REVIEW.
(1) IN GENERAL. The Bureau of Justice Statistics of the
Department of Justice (in this section referred to as the "Bureau")
shall carry out, for each calendar year, a comprehensive statistical
review 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) both victims and perpetrators of prison rape; and (B) prisons
and prison systems with a high incidence of prison rape ...
(2) CONSIDERATIONS . .. In carrying out paragraph (1), the
Bureau shall consider .
(A) how rape should be defined for the purposes of the
statistical review and analysis; .
(B) how the Bureau should collect information about
staff -on-inmate sexual assault; .
(C) how the Bureau should collect information beyond
inmate self -reports of prison rape; .
(D) how the Bureau should adjust the data in order to
account for differences among prisons as required by subsection
(E) the categorization of prisons as required by sub section
(F) whether a preliminary study of prison rape should be
conducted to inform the methodology of the comprehensive
(3) SOLICITATION OF VIEWS. -The Bureau of Justice Statistics shall solicit views from representatives of the following:
State departments of correction; county and municipal jails; juvenile
correctional facilities; former inmates; victim advocates; researchers;
and other experts in the area of sexual assault.
(4) SAMPLING TECHNIQUES. -The review and analysis under
paragraph (1) shall be based on a random sample, or other
scientifically appropriate sample, of not less than 10 percent o f all
Federal, State, and county prisons, and a representative sample of
municipal prisons. The selection shall include at least one prison
from each State. The selection of facilities for sampling shall be
made at the latest practicable date prior to conducting the surveys
and shall not be disclosed to any facility or prison system official
prior to the time period studied in the survey. Selection of a facility
for sampling during any 117 STAT.976 Confidentiality. PUBLIC LAW 108-79-SEPT. 4, 2003 year shall not preclude its selection for sampling in any subsequent year.
(5) SURVEYS. In carrying out the review and analysis under
paragraph (1), the Bureau shall, in addition 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 survey participant.
(6) PARTICIPATION IN SURVEY. Federal, State, or local
officials or facility administrators that receive a request from the
Bureau under subsection (a)(4) or (5) will be required to participate
in the national survey and provide access to any inmates under their
(b) REVIEW PANEL ON PRISON RAPE.
c) ESTABLlSHMENT. To assist the Bureau in carrying out
the review and analysis under subsection (a), there is established,
within the Department of Justice, the Review Panel on Prison Rape
(in this section referred to as the "Panel").
(A) COMPOSITION. The Panel shall be composed of 3
members, each of whom shall be appointed by the Attorney
General, in consultation with the Secretary of Health and
(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 the three prisons with the highest incidence of
prison rape and the two prisons with the lowest incidence of
prison rape in each category of facilities identified under
subsection (c)(4). The Panel shall hold a separate hearing
regarding the three Federal or State prisons with the highest
incidence of prison rape. The purpose of these hearings shall be
to collect evidence to aid in the identification of common
characteristics of both victims and perpetrators of prison rape,
and the identification of common characteristics of prisons and
prison systems with a high incidence of prison rape, and the
identification of common characteristics of prisons and prison
systems that appear to have been successful in deterring prison
(B) TESTIMONY AT HEARINGS.-
(i) PUBLIC OFFICIALS. In carrying out the hearings
required under subparagraph (A), the Panel shall request
the public testimony of Federal, State, and local officials
(and organizations that represent such officials), including
the warden or director of each prison, who bears
responsibility for the prevention, detection, and
punishment of prison rape at each entity, and the head of
the prison system encompassing such prison.
(ii) VICTIMS.-The Panel may request the testimony
of prison rape victims, organizations representing
PUBLIC LAW lOB-79-SEPT. 4,2003 117 STAT. 977
such victims, and other appropriate individuals and
(i) ISSUANCE. The Panel may issue subpoenas for the
attendance of witnesses and the production of writ ten or other
(ii) 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.
(1) IN GENERAL. Not later than June 30 of each year, Deadline. the
Attorney General shall submit a report on the activities
of the Bureau and the Review Panel, with respect to prison
rape, for the preceding calendar year to
(A) Congress; and
(B) the Secretary of Health and Human Services.
(2). CONTENTS. -The report required under paragraph (1) shall
(A) with respect to the effects of prison rape, statistical,
sociological, and psychological data;
(B) with respect to the incidence of prison rape -
(i) statistical data aggregated at the Federal, State, prison
system, and prison levels;
(ii) a listing of those institutions in the representative
sample, separated into each category identified under
subsection (c)(4) and ranked according to the incidence of
prison rape in each institution; and
(iii) an identification of those institutions in the
representative sample that appear to have been successful in
deterring prison rape; and
(C) a listing of any prisons in the representative sample that
did not cooperate with the survey conducted pursuant to section 4.
(3) DATA ADJUSTMENTS.-In preparing the information specified in
paragraph (2), the Attorney General shall use established statistical
methods to adjust the data as necessary to . account for differences
among institutions in the representative sample, which are not related to the detection, prevention, reduction and punishment of prison rape, or which are outside the control of the State, prison, or prison system, in order to provide an accurate comparison among prisons. Such
differences may include the mission, security level, size, and
jurisdiction under which the prison operates.
For each such adjustment made, the Attorney General shall identify
and explain such adjustment in the report.
(4) CATEGORIZATION OF PRISONS. -The report shall divide
the prisons surveyed into three categories. One category shall be
composed of all Federal and State prisons. The other two categories
shall be defined by the Attorney General in order to compare similar
(d) CONTRACTS AND GRANTS.-In carrying out its duties under
this section, the Attorney General may -
(1) provide grants for research through the National Institute of
(2) contract with or provide grants to any other entity the Attorney
General deems appropriate. 117 STAT. 978 PUBLIC LAW 108-79-SEPT. 4, 2003 42 use 15604. Establishment. Deadline. 42 use 15605.
(e) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated $15,000,000 for each of fiscal years 2004 through 2010 to carry out this section.
SEC. 5. PRISON RAPE PREVENTION AND PROSECUTION. (a) INFORMATION AND ASSISTANCE.
(1) NATIONAL CLEARINGHOUSE.-There is established
within the National Institute of Corrections a national clearinghouse
for the provision of information and assistance to Federal, State, and
local authorities responsible for the prevention, investigation, and
punishment of instances of prison rape.
(2) TRAINING AND EDUCATION. The National Institute of
Corrections shall conduct periodic training and education programs
for Federal, State, and local authorities responsible for the prevention,
investigation, and punishment of instances of prison rape.
(1) IN GENERAL. Not later than September 30 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 abatement for the preceding calendar year ..
(c) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated $5,000,000 for each of fiscal years 2004
through 2010 to carry out this section ..
SEC. 6. GRANTS TO PROTECT INMATES AND SAFEGUARD
(a) GRANTS AUTHORIZED.-From amounts made available for
grants under this section, the Attorney General shall make grants to States to assist those States in ensuring that budgetary circumstances (such as reduced State and local spending on prisons) do not compromise efforts to protect inmates (particularly from prison rape) and to safeguard the communities to which inmates return. The purpose of grants under this section shall be to provide funds for personnel, training, technical assistance, data collection, and equipment to prevent and prosecute prisoner rape.
(b) USE OF GRANT AMOUNTS.-Amounts received by a grantee
under this section may be used by the grantee, directly or through
sub-grants, only for one or more of the following activities:
(1) PROTECTING INMATES.-Protecting inmates by-
(A) undertaking efforts to more effectively prevent prison
(B) investigating incidents of prison rape; or
(C) prosecuting incidents of prison rape.
(2) SAFEGUARDING COMMUNITIES.-Safeguarding
(A) making available, to officials of State and local
governments who are considering reductions to prison budgets,
training and technical assistance in successful methods for
moderating the growth of prison populations without
compromising public safety, including successful methods used
by other jurisdictions; PUBLIC LAW 108-79-SEPT. 4,2003 117
(B) developing and utilizing analyses of prison populations and risk
assessment instruments that will improve State and local governments' understanding of risks to the community regarding release of inmates in the prison population;
(C) preparing maps demonstrating the concentration, on a community
by-community basis, of inmates who have been released, to facilitate the efficient and effective -
(i) deployment of law enforcement resources (including probation
and parole resources); and
(ii) delivery of services (such as job training and substance abuse treatment) to those released inmates; (D) promoting collaborative efforts, among officials of State and local governments and leaders of appropriate communities, to understand and address the effects on a community of the presence of a disproportionate number of released inmates in that community; or
(E) developing policies and programs that reduce spending on prisons
by effectively reducing rates of parole and probation revocation without compromising public safety.
(c) GRANT REQUIREMENTS.
(1) PERIOD.-A grant under this .section shall be made for a period of not more than 2 years.
(2) MAXIMUM. - The amount of a grant under this section may no t exceed $1,000,000.
(3) MATCHING.-The Federal share of a grant under this section may not exceed 50 percent of the total costs of the project described in the application submitted under subsection (d) for the fiscal year for which the grant was made under this section.
(1) IN GENERAL. To request a grant under this section, the chief executive of a State shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require.
(2) CONTENTS. -Each application required by paragraph
(1) shall- .
(A) include the certification of the chief executive that
the State receiving such grant - ..
(i) has adopted all national prison rape standards that, as of the date
on which the application was submitted, have been promulgated under
this Act; and
(ij) will consider adopting all national prison rape standards that are
promulgated under this Act after such date;
(B) specify with particularity the preventative, prosecutorial, or administrative activities to be undertaken by the State with the amounts received under the grant; and
(C) in the case of an application for a grant for one or more activities specified in paragraph
(2) of subsection
(1) review the extent of the budgetary circumstances affecting the
State generally and describe how those circumstances relate to the
117 STAT. 980 PUBLIC LAW 108-79-SEPT. 4, 2003
42 use 15606.
(ii) describe the rate of growth of the State's prison
population over the preceding 10 years and explain why
the State may have difficulty sustaining that rate of
(iii) explain the extent to which officials (including
law enforcement officials) of State and local governments
and victims of crime will be consulted regarding decisions
whether, or how, to moderate the growth of the State's
(e) REPORTS BY GRANTEE.
(1) IN GENERAL. The Attorney General shall require each
grantee to submit, not later than 90 days after the end of the period
for which the grant was made under this section, a report on the
activities carried out under the grant. The report shall identify and
describe those activities and shall contain an evaluation of the
effect of those activities on
(A) the number of incidents of prison rape, and the
grantee's response to such incidents; and
(B) the safety of the prisons, and the safety of the
communities in which released inmates are present.
(2) DISSEMINATION.-The Attorney General shall ensure that
each report submitted under paragraph (1) is made available under
the national clearinghouse established under section 5.
(f) STATE DEFINED.-In this section, the term "State" includes the
District of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
(g) AUTHORIZATION OF APPROPRIATIONS.-
(1) IN GENERAL.-There are authorized to be appropriated for
grants under this section $40,000,000 for each of fiscal years 2004
(2) LIMITATION.-Of amounts made available for grants
under this section, not less than 50 percent shall be available only
for activities specified in paragraph (1) of subsection (b).
SEC. 7. NATIONAL PRISON RAPE REDUCTION COMMISSION.
(a) ESTABLISHMENT.-There is established a commission to be
known as the National Prison Rape Reduction Commission (in this
section referred to as the "Commission").
(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 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 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 addition to any appointment
made under subparagraph (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
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT. 981
(E) 1 member appointed by the minority leader of the Senate
(in addition to any appointment made under subparagraph (D).
(2) PERSONS ELIGIBLE. -Each member of the Commission shall
be an individual who has knowledge 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 minority leader of the Senate shall consult with one another
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
(5) TIME FOR INITIAL APPOINTMENTS. The appointment of Deadline.
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 Deadline. 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 occurred.
(1) CHAIRPERSON.-Not later than 15 days after appointment Deadline.
of all the members are made , the President shall appoint President. 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 Deadline. take
place not later than 30 days after the initial appointment of the members is completed.
(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 Commission 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
(A) Federal, State, and local governments; and
(B) communities and social institutions generally, including
individuals, families, and businesses within such communities and
(2) MATTERS INCLUDED. -The study under paragraph (1) shall
(A) a review of existing Federal, State, and local government
policies and practices with respect to the prevention, detection, and
punishment of prison rape;
(B) an assessment of the relationship between prison rape and
prison conditions, and of existing monitoring, regulatory, and
enforcement practices that are intended to address any such
PUBLIC LAW 108-79-SEPT. 4,2003
(C) an assessment of pathological or social causes of
(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 HI V;
(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 treatment or programs to reduce such
(G) an assessment of the impacts of prison rape on
individuals, families, social institutions and the economy
generally, including an assessment of the extent to which the
incidence of prison rape contributes to recidivism and to
increased incidence of sexual assault;
(H) an examination of the feasibility and cost of conducting
surveillance, undercover activities, 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 additional scientific
and social science research on the prevalence of prison rape in
Federal, State, and local prisons;
(L) an assessment of the general relationship between
prison rape and prison violence;
(M) an assessment of the relationship between prison
rape and levels of training, supervision, 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 existing systems provide an adequate assurance of
confidentiality, impartiality and the absence of reprisal.
(A) DISTRIBUTION.-Not later than 2 years after the
date of the initial meeting of the Commission, the Commission
shall submit a report on the study carried out under this
subsection to (0) 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 corrections of
(B) CONTENTS. The report under subparagraph (A)
(i) the findings and conclusions of the Commission; (ii)
recommended national standards for reducing prison
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT. 983
(iii) recommended protocols for preserving 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.
(1) IN GENERAL.-In conjunction with the report submitted
under subsection (d)(3), the Commission shall provide the
Attorney General and the Secretary of Health and Human
Services with recommended national standards for enhancing the
detection, prevention, reduction, and punishment of prison rape.
(2) MATTERS INCLUDED.-The information provided
under paragraph (1) shall include recommended national
standards relating to
(A) the classification and assignment of prisoners, using
proven standardized instruments 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 testimonial evidence for use in an investigation of the circumstances relating to the rape;
(D) acute -term trauma care for rape victims, 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 psychological
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 measures for
reducing the incidence of HIV transmission due to prison
(G) post-rape prophylactic medical measures for r educing the
incidence of transmission of sexual diseases; (H) the training
of correctional staff sufficient to ensure that they understand
and appreciate the significance of prison rape and the
necessity of its eradication;
(1) the timely and comprehensive investigation of staff
sexual misconduct involving rape or other sexual assault on
(J) ensuring the confidentiality of prison rape com plaints
and protecting inmates who make complaints of prison rape;
(K) creating a system for reporting incidents of prison rape that
will ensure the confidentiality 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
(ill) the resolution of prison rape complaints by
prison officials and Federal, State, and lo cal investigation and prosecution authorities; and 117 STAT. 984
PUBLIC LAW 108-79-SEPT. 4, 2003
(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 propose a recommended standard that would impose substantial additional costs compared to the costs presently expended by Federal, State, and local prison authorities.
(D CONSULTATION WITH ACCREDITATION ORGANIZATIONS In
developing recommended national standards for enhancing the detection, prevention, reduction, and punishment of prison rape, the Commission shall consider any standards that have already been developed, or are being developed simultaneously to the deliberations of the Commission. The Commission shall consult with accreditation
organizations responsible f or 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 hearings, sit and act at such times and
places, take such testimony, and receive such evidence as the Commission 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 States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission.
(h) INFORMATION FROM FEDERAL OR STATE AGENCIES. 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.
(i) PERSONNEL MATTERS.
(1) TRAVEL EXPENSES. The members of the Commission
shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized 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 INTERMITTENT SERVICES.
Upon the request of the Commission, the Attorney General shall provide reasonable and appropriate office space, sup plies, and administrative assistance.
(j) CONTRACTS FOR RESEARCH. -
(1) NATIONAL INSTITUTE OF JUSTICE. With a o/s affirmative
vote, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT. 985
under this Act. The National Institute of Justice shall contract with
the researchers 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
(1) ISSUANCE.-The Commission may issue subpoenas for
the attendance of witnesses and the production of written or other
(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
(3) CONFIDENTIALITY OF DOCUMENTARY
EVIDENCE.-Documents provided to the Commission pursuant to
a subpoena issued under this subsection shall not be released
publicly without the affirmative vote of% of the Commission.
(l) AUTHORIZATION OF APPROPRIATIONS.-There are
authorized to be appropriated such sums as may be necessary to carry
out this section ..
(m) 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.
(n) 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) FINAL RULE. Not later than 1 year after receiving the
report specified in section 7(d)(3), 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 7(e), and being informed by such data, opinions, and
proposals that the Attorney General determines to be appropriate to
(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
(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
(b) APPLICABILITY TO FEDERAL BUREAU OF PRISONS
The national standards referred to in subsection (a) shall apply to the
117 STAT. 986 PUBLIC LAW 108-79-SEPT. 4, 2003
Federal Bureau of Prisons immediately upon adoption of the final rule
under subsection (a)(4).
(c) ELIGIBILITY FOR FEDERAL
(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
(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 section
(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 section 8(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
(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 section 8(a) are finalized.
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT.
(B) REQUIREMENT FOR COOPERATION.-The first
grants to which paragraph (4) applies are grants for the fiscal
year beginning after the date of the enactment of this Act.
SEC. 9. REQUIREMENT THAT ACCREDITATION ORGANIZATIONS
42 use 15608.
ADOPT ACCREDITATION STANDARDS.
(a) ELIGIBILITY FOR FEDERAL GRANTS.-Notwithstanding any
other provision of law, an organization responsible for the accreditation
of Federal, State, local, or private prisons, jails, or other penal facilities
may not receive any new Federal grants during any period in which such organization fails to meet any of the requirements of subsection
(b) REQUIREMENTS.-To be eligible to receive Federal grant, Deadlines. 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 accrediting, 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
detection, prevention, reduction, and punishment of prison rape,
adopt accreditation standards consistent with the national standards
adopted pursuant to such final rule.
SEC. 10. DEFINITIONS. 42 USC 15609.
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 penetration 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 adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial release, or
(3) JAIL.-The term "jail" means a confinement facility of a Federal,
State, or local law enforcement agency to hold-
(A) persons pending adjudication of criminal charges;
(B) persons committed to confinement after adjudication of criminal
charges for sentences 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 lockup" 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.
117 STAT. 988
PUBLIC LAW 108-79-SEPT. 4, 2003
(7) PRISON.-The term "prison" means any confinement
facility., of a Federal, State, or local government, whether
administered by such government or by a private organization on
behalf of such government, and includes-
(A) any local jailor police lockup; and
(B) any juvenile facility used for the custody or care of
(8) PRISON RAPE.-The term "prison rape" includes the rape
of an inmate in the actual or constructive control of prison
(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 consent because of his or her youth or his or her
temporary or permanent mental or physical incapacity; 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 opening 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 gathering physical
evidence, or engaged in other legitimate medical treatment, in
the course of investigating prison rape;
(B) the use of a health care provider's hands or fingers or the use of
medical devices in the course of appropriate medical treatment
unrelated to prison rape; or
PUBLIC LAW 108-79-SEPT. 4, 2003 117 STAT. 989
(C) the use of a health care provider's hands or fingers and the use of
instruments to perform body cavity searches in order to maintain security and safety within the prison or detention facility, provided that the search is conducted in a manner consistent with constitutional requirements.
Approved September 4, 2003.
LEGISLATIVE HISTORY-S. 1435:
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 21, considered and passed Senate. July 25, considered and
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 4, Presidential statement. o