34 U.S.C. § 30302 — Purposes

Page 564 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30302 nance, and operation; race relations; poverty; unemployment and homelessness. The effec- tiveness and efficiency of these federally fund- ed 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 Fed- eral, State, and local jurisdictions to admin- ister their prison systems; (B) increases the levels of violence, di- rected at inmates and at staff, within pris- ons; (C) increases health care expenditures, both inside and outside of prison systems, and reduces the effectiveness of disease pre- vention programs by substantially increas- ing the incidence and spread of HIV, AIDS, tuberculosis, hepatitis B and C, and other diseases; (D) increases mental health care expendi- tures, both inside and outside of prison sys- tems, 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 ten- sions and strife within prisons and, upon re- lease of perpetrators and victims, in the community at large. (15) The high incidence of prison rape has a significant effect on interstate commerce be- cause 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 dis- order, depression, suicide, and the exacer- bation 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. (Pub. L. 108–79, § 2, Sept. 4, 2003, 117 Stat. 972.) Editorial Notes CODIFICATION Section was formerly classified to section 15601 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of Pub. L. 108–79, which is classified to this chapter, as the ‘‘Prison Rape Elimination Act of 2003’’, see section 1(a) of Pub. L. 108–79, set out as a Short Title of 2003 Act note under section 10101 of this title. Executive Documents IMPLEMENTING THE PRISON RAPE ELIMINATION ACT Memorandum of President of the United States, May 17, 2012, 77 F.R. 30873, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Sexual violence, against any victim, is an assault on human dignity and an affront to American values. The Prison Rape Elimination Act of 2003 (PREA) was en- acted with bipartisan support and established a ‘‘zero- tolerance standard’’ for rape in prisons in the United States. 42 U.S.C. 15602(1) [now 34 U.S.C. 30301(1)]. My Administration, with leadership from the Depart- ment of Justice, has worked diligently to implement the principles set out in PREA. Today, the Attorney General finalized a rule adopting national standards to prevent, detect, and respond to prison rape. This rule expresses my Administration’s conclusion that PREA applies to all Federal confinement facilities, including those operated by executive departments and agencies (agencies) other than the Department of Justice, whether administered by the Federal Government or by a private organization on behalf of the Federal Govern- ment. Each agency is responsible for, and must be account- able for, the operations of its own confinement facili- ties, and each agency has extensive expertise regarding its own facilities, particularly those housing unique populations. Thus, each agency is best positioned to de- termine how to implement the Federal laws and rules that govern its own operations, the conduct of its own employees, and the safety of persons in its custody. To advance the goals of PREA, we must ensure that all agencies that operate confinement facilities adopt high standards to prevent, detect, and respond to sexual abuse. In addition to adopting such standards, the suc- cess of PREA in combating sexual abuse in confine- ment facilities will depend on effective agency and fa- cility leadership and the development of an agency cul- ture that prioritizes efforts to combat sexual abuse. In order to implement PREA comprehensively across the Federal Government, I hereby direct all agencies with Federal confinement facilities that are not al- ready subject to the Department of Justice’s final rule to work with the Attorney General to propose, within 120 days of the date of this memorandum, any rules or procedures necessary to satisfy the requirements of PREA and to finalize any such rules or procedures within 240 days of their proposal. This memorandum shall be implemented consistent with the requirements of Executive Order 13175 of No- vember 6, 2000 (Consultation and Coordination With In- dian Tribal Governments). This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. § 30302. Purposes The purposes of this chapter 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 stand- ards for the detection, prevention, reduction, and punishment of prison rape; (4) increase the available data and informa- tion on the incidence of prison rape, con- Page 565 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30303 sequently improving the management and ad- ministration of correctional facilities; (5) standardize the definitions used for col- lecting data on the incidence of prison rape; (6) increase the accountability of prison offi- cials 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 pro- grams such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and oper- ation; race relations; poverty; unemployment; and homelessness; and (9) reduce the costs that prison rape imposes on interstate commerce. (Pub. L. 108–79, § 3, Sept. 4, 2003, 117 Stat. 974.) Editorial Notes CODIFICATION Section was formerly classified to section 15602 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 30303. National prison rape statistics, data, and research (a) Annual comprehensive statistical review (1) In general The Bureau of Justice Statistics of the De- partment of Justice (in this section referred to as the ‘‘Bureau’’) shall carry out, for each cal- endar year, a comprehensive statistical review and analysis of the incidence and effects of prison rape. The statistical review and anal- ysis 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 pur- poses of the statistical review and analysis; (B) how the Bureau should collect informa- tion about staff-on-inmate sexual assault; (C) how the Bureau should collect informa- tion 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 re- quired by subsection (c)(4); and (F) whether a preliminary study of prison rape should be conducted to inform the methodology of the comprehensive statis- tical 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 facili- ties; former inmates; victim advocates; re- searchers; and other experts in the area of sex- ual 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 selec- tion 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 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 addi- tion to such other methods as the Bureau con- siders appropriate, use surveys and other sta- tistical 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, except as authorized in paragraph (7). (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 re- quired to participate in the national survey and provide access to any inmates under their legal custody. (7) Reporting on child abuse and neglect Nothing in section 10134 or 10231 of this title or any other provision of law, including para- graph (5), shall prevent the Bureau (including its agents), in carrying out the review and analysis under paragraph (1), from reporting to the designated public officials such infor- mation (and only such information) regarding child abuse or child neglect with respect to which the statutes or regulations of a State (or a political subdivision thereof) require prompt reporting. (b) Review Panel on Prison Rape (1) Establishment To assist the Bureau in carrying out the re- view and analysis under subsection (a), there is established, within the Department of Jus- tice, 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 At- torney 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.