Public Law 108-79

PUBLIC LAW 108–79—SEPT. 4, 2003

PRISON RAPE ELIMINATION ACT OF 2003

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00001

Fmt 6579

Sfmt 6579

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

117 STAT. 972

PUBLIC LAW 108–79—SEPT. 4, 2003

Public Law 108–79
108th Congress
An Act
Sept. 4, 2003
[S. 1435]

Prison Rape
Elimination Act
of 2003.
45 USC 15601
note.

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 1.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 as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

42 USC 15601.

1. Short title; table of contents.
2. Findings.
3. Purposes.
4. National prison rape statistics, data, and research.
5. Prison rape prevention and prosecution.
6. Grants to protect inmates and safeguard communities.
7. National Prison Rape Reduction Commission.
8. Adoption and effect of national standards.
9. Requirement that accreditation organizations adopt accreditation standards.
10. Definitions.

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 and jails.
(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 1,000,000.
(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

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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 2000, 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 homeless 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 prisoners’ 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,

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

117 STAT. 974

PUBLIC LAW 108–79—SEPT. 4, 2003
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 B and 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 B and C, and other diseases, contributing
to increased health and medical expenditures throughout
the Nation;
(C) the rate of post-traumatic stress disorder, depression, suicide, and the exacerbation of existing mental illnesses 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.

42 USC 15602.

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 prison system;
(3) develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape;
(4) increase the available data and information on the
incidence of prison rape, consequently improving the management and administration of correctional facilities;
(5) standardize the definitions used for collecting data on
the incidence of prison rape;

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 975

(6) increase the accountability of prison officials who fail
to detect, prevent, reduce, and punish prison rape;
(7) protect the Eighth Amendment rights of Federal, State,
and local prisoners;
(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; and
(9) reduce the costs that prison rape imposes on interstate
commerce.
SEC. 4. NATIONAL PRISON RAPE STATISTICS, DATA, AND RESEARCH.

42 USC 15603.

(a) 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 (c)(3);
(E) the categorization of prisons as required by subsection (c)(4); and
(F) whether a preliminary study of prison rape should
be conducted to inform the methodology of the comprehensive statistical review.
(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
of 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

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

117 STAT. 976

Confidentiality.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

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 legal custody.
(b) REVIEW PANEL ON PRISON RAPE.—
(1) ESTABLISHMENT.—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’’).
(2) MEMBERSHIP.—
(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 Human Services.
(B) QUALIFICATIONS.—Members of the Panel shall be
selected from among individuals with knowledge or expertise in matters to be studied by the Panel.
(3) PUBLIC HEARINGS.—
(A) IN GENERAL.—The duty of the Panel shall be to
carry out, for each calendar year, public hearings concerning the operation of 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 rape.
(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

PO 00079

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 977

such victims, and other appropriate individuals and
organizations.
(C) SUBPOENAS.—
(i) ISSUANCE.—The Panel may issue subpoenas for
the attendance of witnesses and the production of written or other matter.
(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.
(c) REPORTS.—
(1) IN GENERAL.—Not later than June 30 of each year,
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 include—
(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 institutions.
(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 Justice; and
(2) contract with or provide grants to any other entity
the Attorney General deems appropriate.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

Deadline.

BILLW

PsN: PUBL079

117 STAT. 978

PUBLIC LAW 108–79—SEPT. 4, 2003

(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.
42 USC 15604.
Establishment.

Deadline.

42 USC 15605.

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.
(b) REPORTS.—
(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 COMMUNITIES.

(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
subgrants, only for one or more of the following activities:
(1) PROTECTING INMATES.—Protecting inmates by—
(A) undertaking efforts to more effectively prevent
prison rape;
(B) investigating incidents of prison rape; or
(C) prosecuting incidents of prison rape.
(2) SAFEGUARDING COMMUNITIES.—Safeguarding communities by—
(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;

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 979

(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 not 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.
(d) APPLICATIONS.—
(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
(ii) 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
(b)—
(i) review the extent of the budgetary circumstances affecting the State generally and describe
how those circumstances relate to the State’s prisons;

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

117 STAT. 980

(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 growth; and
(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 prison population.
(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 through 2010.
(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).

Deadline.

42 USC 15606.

President.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

PUBLIC LAW 108–79—SEPT. 4, 2003

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’’).
(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 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

Jkt 019139

PO 00079

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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 Commission.
(5) TIME FOR INITIAL APPOINTMENTS.—The appointment of
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
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.
(c) OPERATION.—
(1) CHAIRPERSON.—Not later than 15 days after appointments of all the members are made, the President shall appoint
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
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 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 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 relationship;

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

Deadline.

Deadline.

Deadline.
President.

Deadline.

BILLW

PsN: PUBL079

117 STAT. 982

(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 treatment 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 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.
(3) REPORT.—
(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—
(i) 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 each State.
(B) CONTENTS.—The report under subparagraph (A)
shall include—
(i) the findings and conclusions of the Commission;
(ii) recommended national standards for reducing
prison rape;

Deadline.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

PUBLIC LAW 108–79—SEPT. 4, 2003

Jkt 019139

PO 00079

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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.
(e) RECOMMENDATIONS.—
(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
rape;
(G) post-rape prophylactic medical measures for
reducing 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;
(I) the timely and comprehensive investigation 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) 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
(iii) the resolution of prison rape complaints by
prison officials and Federal, State, and local investigation and prosecution authorities; and

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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.
(f) 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 for 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, supplies, and administrative assistance.
(j) CONTRACTS FOR RESEARCH.—
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 2⁄3 affirmative
vote, the Commission may select nongovernmental researchers
and experts to assist the Commission in carrying out its duties

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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 section.
(k) 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 EVIDENCE.—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.
(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 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

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

Deadlines.
42 USC 15607.

BILLW

PsN: PUBL079

117 STAT. 986

Deadline.

Procedures.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

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 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 section 8(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 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 section 4(c)(2)(C).
(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.

Jkt 019139

PO 00079

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

PUBLIC LAW 108–79—SEPT. 4, 2003

117 STAT. 987

(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
ADOPT ACCREDITATION STANDARDS.

ORGANIZATIONS

(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).
(b) REQUIREMENTS.—To be eligible to receive Federal 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 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 15608.

Deadlines.

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 diversionary program.
(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;
or
(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.

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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 jail or police lockup; and
(B) any juvenile facility used for the custody or care
of juvenile inmates.
(8) PRISON RAPE.—The term ‘‘prison rape’’ includes the
rape of an inmate in the actual or constructive 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 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

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079

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 passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 4, Presidential statement.

Æ

VerDate 11-MAY-2000

06:13 Sep 10, 2003

Jkt 019139

PO 00079

Frm 00019

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL079.108

BILLW

PsN: PUBL079