34 U.S.C. § 30301 — Findings

Page 563 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30301 (A) physical, sexual, and psychological abuse of cybercrime victims, including vic- tims of human trafficking that is facilitated by interactive computer services; (B) exploitation of cybercrime victims; and (C) deprioritization of cybercrime; and (2) assessing, addressing, and mitigating the physical and psychological trauma to victims of cybercrime. (Pub. L. 117–347, title III, § 324, Jan. 5, 2023, 136 Stat. 6207.) Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘computer’’ as used in this section, see section 3 of Pub. L. 117–347, set out as a note under section 20145 of this title. CHAPTER 303—PRISON RAPE ELIMINATION Sec. 30301. Findings. 30302. Purposes. 30303. National prison rape statistics, data, and re- search. 30304. Prison rape prevention and prosecution. 30305. Grants to protect inmates and safeguard com- munities. 30306. National Prison Rape Elimination Commis- sion. 30307. Adoption and effect of national standards. 30308. Requirement that accreditation organiza- tions adopt accreditation standards. 30309. Definitions. § 30301. 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 coun- ty and local jails. In 1999, there were more than 10,000,000 separate admissions to and dis- charges from prisons and jails. (2) Insufficient research has been conducted and insufficient data reported on the extent of prison rape. However, experts have conserv- atively 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 es- timate, nearly 200,000 inmates now incarcer- ated 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 in- creased risk of sexual victimization. America’s jails and prisons house more mentally ill indi- viduals than all of the Nation’s psychiatric hospitals combined. As many as 16 percent of inmates in State prisons and jails, and 7 per- cent of Federal inmates, suffer from mental illness. (4) Young first-time offenders are at in- creased risk of sexual victimization. Juveniles are 5 times more likely to be sexually as- saulted in adult rather than juvenile facili- ties—often within the first 48 hours of incar- ceration. (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 in- mate victims often receive inadequate treat- ment for the severe physical and psychological effects of sexual assault—if they receive treat- ment at all. (7) HIV and AIDS are major public health problems within America’s correctional facili- ties. 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 exacer- bates 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 homi- cides 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 govern- ment 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 indiffer- ence 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 Four- teenth Amendment. Pursuant to the power of Congress under Section Five of the Fourteenth Amendment, Congress may take action to en- force 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 gen- erate significant additional expenditures dem- onstrate 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 under- mines 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, mainte- 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-