Sexual Abuse Services in Detention Act of 2020

II 116TH CONGRESS 2D SESSION S. 3723 To provide services to victims of sexual abuse who are incarcerated, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Mr. SCHATZ (for himself and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide services to victims of sexual abuse who are incarcerated, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Sexual Abuse Services 4 in Detention Act of 2020’’. 5 SEC. 2. ESTABLISHMENT OF NATIONAL HOTLINE FOR SEX- 6 UAL ABUSE SERVICES IN DETENTION. 7 The Prison Rape Elimination Act of 2003 (34 U.S.C. 8 30301 et seq.) is amended by inserting after section 6 the 9 following: 10 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3723 IS ‘‘SEC. 6A. NATIONAL HOTLINE FOR SEXUAL ABUSE SERV- 1 ICES IN DETENTION. 2 ‘‘(a) DEFINITIONS.—In this section: 3 ‘‘(1) ELIGIBLE ORGANIZATION.—The term ‘eli- 4 gible organization’ means a national nonprofit orga- 5 nization that has— 6 ‘‘(A) special expertise and broad, national- 7 level experience in providing sexual abuse and 8 rape crisis counseling services for survivors and 9 victims of sexual abuse in correctional settings; 10 and 11 ‘‘(B) experience providing technical assist- 12 ance and training to correctional officers and 13 administrators, including— 14 ‘‘(i) understanding the unique dynam- 15 ics of custodial sexual abuse; and 16 ‘‘(ii) understanding correctional prac- 17 tices and correctional security concerns. 18 ‘‘(2) NONPROFIT ORGANIZATION.—The term 19 ‘nonprofit organization’ means an organization that 20 is described in section 501(c)(3) of the Internal Rev- 21 enue Code of 1986 and that is exempt from taxation 22 under section 501(a) of such Code. 23 ‘‘(3) SEXUAL ABUSE.—The term ‘sexual abuse’ 24 has the meaning given the term in section 115.6 of 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3723 IS title 28, Code of Federal Regulations, or any suc- 1 cessor thereto. 2 ‘‘(4) SEXUAL ABUSE AND RAPE CRISIS COUN- 3 SELING SERVICES.—The term ‘sexual abuse and 4 rape crisis counseling services’— 5 ‘‘(A) means emotional support services for 6 individuals who have experienced sexual abuse 7 at any time in their life; and 8 ‘‘(B) includes services such as— 9 ‘‘(i) crisis intervention; 10 ‘‘(ii) education about dynamics of sex- 11 ual abuse and sexual harassment; 12 ‘‘(iii) sharing resources; 13 ‘‘(iv) safety planning; and 14 ‘‘(v) assistance processing trauma re- 15 actions and building coping skills. 16 ‘‘(5) SEXUAL ABUSE AND RAPE CRISIS COUN- 17 SELING SERVICE PROVIDER.—The term ‘sexual 18 abuse and rape crisis counseling service provider’ 19 means an organization that— 20 ‘‘(A) provides specialized services for sur- 21 vivors of sexual abuse; and 22 ‘‘(B) employees staff members who have— 23 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3723 IS ‘‘(i) training and expertise in trauma 1 and sexual abuse counseling for survivors 2 of sexual abuse; and 3 ‘‘(ii) training on avoiding the misuse 4 of telephone hotline and other counseling 5 services. 6 ‘‘(6) TELEPHONE SERVICE PROVIDER.—The 7 term ‘telephone service provider’ means an entity 8 that provides a corrections agency or prison with in- 9 mate communication services, such as telephone, 10 email, and video visitation. 11 ‘‘(b) ESTABLISHMENT OF NATIONAL HOTLINE FOR 12 SEXUAL ABUSE SERVICES IN DETENTION.— 13 ‘‘(1) AUTHORITY.—The Attorney General may 14 award grants to eligible organizations to provide for 15 the establishment of a National Hotline for Sexual 16 Abuse Services in Detention. 17 ‘‘(2) USE OF GRANT FUNDS.—An organization 18 that receives a grant under this subsection shall use 19 the grant funds to establish and operate a National 20 Hotline for Sexual Abuse Services in Detention to— 21 ‘‘(A) provide sexual abuse and rape crisis 22 counseling services to inmates who have been 23 victims of sexual abuse or sexual harassment 24 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3723 IS during incarceration or prior to incarceration, 1 by— 2 ‘‘(i) in accordance with paragraph (3), 3 establishing and operating a telephone hot- 4 line for receiving calls from inmates that is 5 free of charge to both inmates and prisons; 6 ‘‘(ii) receiving and responding to con- 7 fidential email correspondence from in- 8 mates; 9 ‘‘(iii) receiving and responding to con- 10 fidential correspondence received through 11 the United States Postal Service from in- 12 mates; and 13 ‘‘(iv) facilitating other secure means 14 of single or group communications between 15 qualified sexual abuse or rape crisis service 16 providers and inmates, including holding 17 support groups using a telephone or other 18 electronic mechanism, in which a qualified 19 sexual abuse or rape crisis service provider 20 is directly involved in all communications; 21 ‘‘(B) provide education, training, and tech- 22 nical assistance to any corrections agency or 23 prison seeking to provide sexual abuse services 24 at the institution; and 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3723 IS ‘‘(C) on a biannual basis, collect and main- 1 tain data on the usage volume for each compo- 2 nent of the education, training, and technical 3 assistance described in subparagraph (B). 4 ‘‘(3) TELEPHONE HOTLINE.— 5 ‘‘(A) IN GENERAL.—Any telephone hotline 6 established under paragraph (2)(A)(i) shall be 7 confidential, unrecorded, unmonitored by any 8 prison or any agent of a prison or by any tele- 9 phone service provider or agent of any tele- 10 phone service provider. 11 ‘‘(B) SUPERVISION.—A sexual abuse and 12 rape crisis counseling service provider may en- 13 gage in live supervision of calls made to the 14 telephone hotline established under paragraph 15 (2)(A)(i), as needed, for quality control of serv- 16 ices provided. 17 ‘‘(C) REQUIREMENT.—Any telephone hot- 18 line established under paragraph (2)(A)(i) shall 19 be— 20 ‘‘(i) available to receive calls not less 21 than 16 hours per day, every day of the 22 year; and 23 ‘‘(ii) staffed by sexual abuse and rape 24 crisis counselors employed by a sexual 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3723 IS abuse and rape crisis counseling service 1 provider, including counselors who are— 2 ‘‘(I) employed by a sexual abuse 3 and rape crisis counseling service pro- 4 vider; and 5 ‘‘(II) trained to provide sexual 6 abuse and rape crisis counseling serv- 7 ices to juveniles. 8 ‘‘(4) FUNDING.— 9 ‘‘(A) IN GENERAL.—Except as provided in 10 subparagraph (B), the Attorney General shall 11 carry out this section using amounts otherwise 12 made available to the Attorney General. 13 ‘‘(B) LIMITATION ON USE OF FUNDS.— 14 The Attorney General may not carry out this 15 section using funds appropriated to carry out 16 section 6. 17 ‘‘(c) ACCOUNTABILITY REQUIREMENTS.—For fiscal 18 year 2021, and each fiscal year thereafter, all grants 19 awarded by the Attorney General under this section shall 20 be subject to the following accountability provisions: 21 ‘‘(1) AUDIT REQUIREMENT.— 22 ‘‘(A) DEFINITION.—In this paragraph, the 23 term ‘unresolved audit finding’ means an audit 24 report finding in the final audit report of the 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3723 IS Inspector General of the Department of Justice 1 that a grantee has used grant funds for an un- 2 authorized expenditure or otherwise unallowable 3 cost that is not closed or resolved during the 4 12-month period beginning on the date on 5 which the final audit report is issued. 6 ‘‘(B) REQUIREMENT.—Beginning in fiscal 7 year 2020, and in each fiscal year thereafter, 8 the Inspector General of the Department of 9 Justice shall conduct audits of recipients of 10 grants under this section to prevent waste, 11 fraud, and abuse of funds by grantees. The In- 12 spector General shall determine the appropriate 13 number of grantees to be audited each year. 14 ‘‘(C) MANDATORY EXCLUSION.—A recipi- 15 ent of grant funds under this section that is 16 found to have an unresolved audit finding shall 17 not be eligible to receive grant funds under this 18 section during the first 2 fiscal years beginning 19 after the end of the 12-month period described 20 in subparagraph (A). 21 ‘‘(D) PRIORITY.—In awarding grants 22 under this section, the Attorney General shall 23 give priority to eligible applicants that did not 24 have an unresolved audit finding during the 3 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3723 IS fiscal years before submitting an application for 1 a grant under this section. 2 ‘‘(E) REIMBURSEMENT.—If an entity is 3 awarded grant funds under this section during 4 the 2-fiscal-year period during which the entity 5 is barred from receiving grants under subpara- 6 graph (C), the Attorney General shall— 7 ‘‘(i) deposit an amount equal to the 8 amount of the grant funds that were im- 9 properly awarded to the grantee into the 10 General Fund of the Treasury; and 11 ‘‘(ii) seek to recoup the costs of the 12 repayment to the fund from the grant re- 13 cipient that was erroneously awarded grant 14 funds. 15 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- 16 MENTS.— 17 ‘‘(A) PROHIBITION.—The Attorney Gen- 18 eral may not award a grant under this section 19 to a nonprofit organization that holds money in 20 offshore accounts for the purpose of avoiding 21 paying the tax described in section 511(a) of 22 the Internal Revenue Code of 1986. 23 ‘‘(B) DISCLOSURE.—Each nonprofit orga- 24 nization that is awarded a grant under this sec- 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3723 IS tion and uses the procedures prescribed in regu- 1 lations to create a rebuttable presumption of 2 reasonableness for the compensation of its offi- 3 cers, directors, trustees and key employees, 4 shall disclose to the Attorney General, in the 5 application for the grant, the process for deter- 6 mining such compensation, including the inde- 7 pendent persons involved in reviewing and ap- 8 proving such compensation, the comparability 9 data used, and contemporaneous substantiation 10 of the deliberation and decision. Upon request, 11 the Attorney General shall make the informa- 12 tion disclosed under this subparagraph available 13 for public inspection. 14 ‘‘(3) CONFERENCE EXPENDITURES.— 15 ‘‘(A) LIMITATION.—No amounts author- 16 ized to be appropriated to the Department of 17 Justice under this section may be used by the 18 Attorney General, or by any individual or entity 19 awarded discretionary funds through a coopera- 20 tive agreement under this section, to host or 21 support any expenditure for conferences that 22 uses more than $20,000 in funds made avail- 23 able to the Department of Justice, unless the 24 Deputy Attorney General or the appropriate As- 25 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3723 IS sistant Attorney General, Director, or principal 1 deputy (as designated by the Deputy Attorney 2 General) provides prior written authorization 3 that the funds may be expended to host the 4 conference. 5 ‘‘(B) WRITTEN APPROVAL.—Written ap- 6 proval under subparagraph (A) shall include a 7 written estimate of all costs associated with the 8 conference, including the cost of all food, bev- 9 erages, audio-visual equipment, honoraria for 10 speakers, and entertainment. 11 ‘‘(C) REPORT.—The Deputy Attorney Gen- 12 eral shall submit an annual report to the Com- 13 mittee on the Judiciary of the Senate and the 14 Committee on the Judiciary of the House of 15 Representatives on all conference expenditures 16 approved under this paragraph. 17 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in 18 fiscal year 2021, the Attorney General shall submit, 19 to the Committee on the Judiciary and the Com- 20 mittee on Appropriations of the Senate and the 21 Committee on the Judiciary and the Committee on 22 Appropriations of the House of Representatives, an 23 annual certification indicating whether— 24 VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3723 IS ‘‘(A) all audits issued by the Office of the 1 Inspector General under paragraph (1) have 2 been completed and reviewed by the appropriate 3 Assistant Attorney General or Director; 4 ‘‘(B) all mandatory exclusions required 5 under paragraph (1)(C) have been issued; 6 ‘‘(C) all reimbursements required under 7 paragraph (1)(E) have been made; and 8 ‘‘(D) includes a list of any grant recipients 9 excluded under paragraph (1) from the previous 10 year.’’. 11 Æ VerDate Sep 11 2014 15:44 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S3723.IS S3723 pamtmann on DSKBC07HB2PROD with BILLS