34 U.S.C. § 30111 — Training and technical assistance for

Page 562 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 30110 the United States have faced a heightened risk of cybercrime during the COVID–19 pandemic. ‘‘(4) Subsection (c) of the Uniform Federal Crime Reporting Act of 1988 (34 U.S.C. 41303(c)) requires the Attorney General to ‘acquire, collect, classify, and preserve national data on Federal criminal offenses as part of the Uniform Crime Reports’ and requires all Federal departments and agencies that inves- tigate criminal activity to ‘report details about crime within their respective jurisdiction to the At- torney General in a uniform matter and on a form prescribed by the Attorney General’. ‘‘SEC. 3. CYBERCRIME TAXONOMY. ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [May 5, 2022], the Attor- ney General shall seek to enter into an agreement with the National Academy of Sciences to develop a tax- onomy for the purpose of categorizing different types of cybercrime and cyber-enabled crime faced by individ- uals and businesses. ‘‘(b) DEVELOPMENT.—In developing the taxonomy under subsection (a), the National Academy of Sciences shall— ‘‘(1) ensure the taxonomy is useful for the Federal Bureau of Investigation to classify cybercrime in the National Incident-Based Reporting System, or any successor system; ‘‘(2) consult relevant stakeholders, including— ‘‘(A) the Cybersecurity and Infrastructure Secu- rity Agency of the Department of Homeland Secu- rity; ‘‘(B) Federal, State, and local law enforcement agencies; ‘‘(C) criminologists and academics; ‘‘(D) cybercrime experts; and ‘‘(E) business leaders; and ‘‘(3) take into consideration relevant taxonomies developed by non-governmental organizations, inter- national organizations, academies, or other entities. ‘‘(c) REPORT.—Not later than 1 year after the date on which the Attorney General enters into an agreement under subsection (a), the National Academy of Sciences shall submit to the appropriate committees of Con- gress, which shall include the Committee on the Judici- ary of the Senate and the Committee on the Judiciary of the House of Representatives, a report detailing and summarizing— ‘‘(1) the taxonomy developed under subsection (a); and ‘‘(2) any findings from the process of developing the taxonomy under subsection (a). ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $1,000,000. ‘‘SEC. 4. CYBERCRIME REPORTING. ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall establish a category in the National Incident- Based Reporting System, or any successor system, for the collection of cybercrime and cyber-enabled crime reports from Federal, State, and local officials. ‘‘(b) RECOMMENDATIONS.—In establishing the category required under subsection (a), the Attorney General shall, as appropriate, incorporate recommendations from the taxonomy developed under section 3(a). ‘‘SEC. 5. NATIONAL CRIME VICTIMIZATION SUR- VEY. ‘‘(a) IN GENERAL.—Not later than 540 days after the date of enactment of this Act, the Director of the Bu- reau of Justice Statistics, in coordination with the Di- rector of the Bureau of the Census, shall include ques- tions relating to cybercrime victimization in the Na- tional Crime Victimization Survey. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $2,000,000. ‘‘SEC. 6. GAO STUDY ON CYBERCRIME METRICS. ‘‘Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that assesses— ‘‘(1) the effectiveness of reporting mechanisms for cybercrime and cyber-enabled crime in the United States; and ‘‘(2) disparities in reporting data between— ‘‘(A) data relating to cybercrime and cyber-en- abled crime; and ‘‘(B) other types of crime data.’’ DEFINITIONS For definitions of terms used in this section, see sec- tion 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under section 12291 of this title. § 30110. Improved investigative and forensic re- sources for enforcement of laws related to cybercrimes against individuals Subject to the availability of appropriations to carry out this section, the Attorney General, in consultation with the Director of the Federal Bureau of Investigation and the Secretary of Homeland Security, including the Executive As- sociate Director of Homeland Security Inves- tigations, shall, with respect to cybercrimes against individuals— (1) ensure that there are not fewer than 10 additional operational agents of the Federal Bureau of Investigation designated to support the Criminal Division of the Department of Justice in the investigation and coordination of cybercrimes against individuals; (2) ensure that each office of a United States Attorney designates at least 1 Assistant United States Attorney as responsible for in- vestigating and prosecuting cybercrimes against individuals; and (3) ensure the implementation of a regular and comprehensive training program— (A) the purpose of which is to train agents of the Federal Bureau of Investigation in the investigation and prosecution of such crimes and the enforcement of laws related to cybercrimes against individuals; and (B) that includes relevant forensic training related to investigating and prosecuting cybercrimes against individuals. (Pub. L. 117–347, title III, § 321, Jan. 5, 2023, 136 Stat. 6206.) Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘cybercrime against individuals’’ as used in this section, see section 30107(a) of this title, as made applicable by section 3 of Pub. L. 117–347, which is set out as a note under section 20145 of this title. § 30111. Training and technical assistance for States The Attorney General, in consultation with the Secretary of Homeland Security, the Direc- tor of the United States Secret Service, the Ex- ecutive Associate Director of Homeland Secu- rity Investigations, and nongovernmental and survivor stakeholders, shall create, compile, evaluate, and disseminate materials and infor- mation, and provide the necessary training and technical assistance, to assist States and units of local government in— (1) investigating, prosecuting, pursuing, pre- venting, understanding, and mitigating the impact of— 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-