Sec. 1101. SEXUAL ABUSE IN CUSTODIAL SETTINGS
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## SEC. 1101 SEXUAL ABUSE IN CUSTODIAL SETTINGS ###
(a)Suits by Prisoners Section 7(e) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(e)) is amended by inserting before the period at the end the following: “or the commission of a sexual act (as defined in section 2246 of title 18, United States Code)”. ###
(b)United States as Defendant Section 1346(b)(2) of title 28, United States Code, is amended by inserting before the period at the end the following: “or the commission of a sexual act (as defined in section 2246 of title 18)”. ###
(c)Adoption and Effect of National Standards Section 8 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15607) is amended— ####
(1)by redesignating subsection
(c)as subsection (e); and ####
(2)by inserting after subsection
(b)the following: > > ### “(c) Applicability to Detention Facilities Operated by the Department of Homeland Security > > > #### “(1) In general > > Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary of Homeland Security shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of aliens detained for a violation of the immigrations laws of the United States. > > > #### “(2) Applicability > > The standards adopted under paragraph
(1)shall apply to detention facilities operated by the Department of Homeland Security and to detention facilities operated under contract with the Department. > > > #### “(3) Compliance > > The Secretary of Homeland Security shall— > > > ##### “(A) > > assess compliance with the standards adopted under paragraph
(1)on a regular basis; and > > > ##### “(B) > > include the results of the assessments in performance evaluations of facilities completed by the Department of Homeland Security. > > > #### “(4) Considerations > > In adopting standards under paragraph (1), the Secretary of Homeland Security shall give due consideration to the recommended national standards provided by the Commission under section 7(e). > > > #### “(5) Definition > > As used in this section, the term ‘detention facilities operated under contract with the Department’ includes, but is not limited to contract detention facilities and detention facilities operated through an intergovernmental service agreement with the Department of Homeland Security. > > > ### “(d) Applicability to Custodial Facilities Operated by the Department of Health and Human Services > > > #### “(1) In general > > Not later than 180 days after the date of enactment of the Violence Against Women Reauthorization Act of 2013, the Secretary of Health and Human Services shall publish a final rule adopting national standards for the detection, prevention, reduction, and punishment of rape and sexual assault in facilities that maintain custody of unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))). > > > #### “(2) Applicability > > The standards adopted under paragraph
(1)shall apply to facilities operated by the Department of Health and Human Services and to facilities operated under contract with the Department. > > > #### “(3) Compliance > > The Secretary of Health and Human Services shall— > > > ##### “(A) > > assess compliance with the standards adopted under paragraph
(1)on a regular basis; and > > > ##### “(B) > > include the results of the assessments in performance evaluations of facilities completed by the Department of Health and Human Services. > > > #### “(4) Considerations > > In adopting standards under paragraph (1), the Secretary of Health and Human Services shall give due consideration to the recommended national standards provided by the Commission under section 7(e).” > .
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