42 U.S.C. § 15607 : US Code - Section 15607: Adoption and effect of national standards

Search 42 U.S.C. § 15607 : US Code - Section 15607: Adoption and effect of national standards

(a) Publication of proposed standards
(1) Final rule
Not later than 1 year after receiving the report specified in
section 15606(d)(3) of this title, the Attorney General shall
publish a final rule adopting national standards for the
detection, prevention, reduction, and punishment of prison rape.
(2) Independent judgment
The standards referred to in paragraph (1) shall be based upon
the independent judgment of the Attorney General, after giving
due consideration to the recommended national standards provided
by the Commission under section 15606(e) of this title, and being
informed by such data, opinions, and proposals that the Attorney
General determines to be appropriate to consider.
(3) Limitation
The Attorney General shall not establish a national standard
under this section that would impose substantial additional costs
compared to the costs presently expended by Federal, State, and
local prison authorities. The Attorney General may, however,
provide a list of improvements for consideration by correctional
facilities.
(4) Transmission to States
Within 90 days of publishing the final rule under paragraph
(1), the Attorney General shall transmit the national standards
adopted under such paragraph to the chief executive of each
State, the head of the department of corrections of each State,
and to the appropriate authorities in those units of local
government who oversee operations in one or more prisons.
(b) Applicability to Federal Bureau of Prisons
The national standards referred to in subsection (a) shall apply
to the Federal Bureau of Prisons immediately upon adoption of the
final rule under subsection (a)(4).
(c) Eligibility for Federal funds
(1) Covered programs
(A) In general
For purposes of this subsection, a grant program is covered
by this subsection if, and only if -
(i) the program is carried out by or under the authority of
the Attorney General; and
(ii) the program may provide amounts to States for prison
purposes.
(B) List
For each fiscal year, the Attorney General shall prepare a
list identifying each program that meets the criteria of
subparagraph (A) and provide that list to each State.
(2) Adoption of national standards
For each fiscal year, any amount that a State would otherwise
receive for prison purposes for that fiscal year under a grant
program covered by this subsection shall be reduced by 5 percent,
unless the chief executive of the State submits to the Attorney
General -
(A) a certification that the State has adopted, and is in
full compliance with, the national standards described in
subsection (a); or
(B) an assurance that not less than 5 percent of such amount
shall be used only for the purpose of enabling the State to
adopt, and achieve full compliance with, those national
standards, so as to ensure that a certification under
subparagraph (A) may be submitted in future years.
(3) Report on noncompliance
Not later than September 30 of each year, the Attorney General
shall publish a report listing each grantee that is not in
compliance with the national standards adopted pursuant to
subsection (a).
(4) Cooperation with survey
For each fiscal year, any amount that a State receives for that
fiscal year under a grant program covered by this subsection
shall not be used for prison purposes (and shall be returned to
the grant program if no other authorized use is available),
unless the chief executive of the State submits to the Attorney
General a certification that neither the State, nor any political
subdivision or unit of local government within the State, is
listed in a report issued by the Attorney General pursuant to
section 15603(c)(2)(C) of this title.
(5) Redistribution of amounts
Amounts under a grant program not granted by reason of a
reduction under paragraph (2), or returned by reason of the
prohibition in paragraph (4), shall be granted to one or more
entities not subject to such reduction or such prohibition,
subject to the other laws governing that program.
(6) Implementation
The Attorney General shall establish procedures to implement
this subsection, including procedures for effectively applying
this subsection to discretionary grant programs.
(7) Effective date
(A) Requirement of adoption of standards
The first grants to which paragraph (2) applies are grants
for the second fiscal year beginning after the date on which
the national standards under subsection (a) are finalized.
(B) Requirement for cooperation
The first grants to which paragraph (4) applies are grants
for the fiscal year beginning after September 4, 2003.