---
kind: "section"
citation: "34 U.S.C. § 30303"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "30303"
heading: "National prison rape statistics, data, and research"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/30303"
units:
  - "Subtitle III — Prevention of Particular Crimes"
  - "Chapter 303 — Prison Rape Elimination"
---

# §30303. National prison rape statistics, data, and research

- (a) **Annual comprehensive statistical review—**
  - (1) **In general—** The Bureau of Justice Statistics of the Department of Justice (in this section referred to as the “Bureau”) shall carry out, for each calendar year, a comprehensive statistical review and analysis of the incidence and effects of [prison rape](/usc/34/30309.md?p=8). The statistical review and analysis shall include, but not be limited to the identification of the common characteristics of—
    - (A) both victims and perpetrators of [prison rape](/usc/34/30309.md?p=8); and
    - (B) [prisons](/usc/34/30309.md?p=7) and [prison](/usc/34/30309.md?p=7) systems with a high incidence of [prison rape](/usc/34/30309.md?p=8).
  - (2) **Considerations—** In carrying out [paragraph (1)](#a-1), the Bureau shall consider—
    - (A) how [rape](/usc/34/30309.md?p=9) should be defined for the purposes of the statistical review and analysis;
    - (B) how the Bureau should collect information about staff-on-[inmate](/usc/34/30309.md?p=2) sexual assault;
    - (C) how the Bureau should collect information beyond [inmate](/usc/34/30309.md?p=2) self-reports of [prison rape](/usc/34/30309.md?p=8);
    - (D) how the Bureau should adjust the data in order to account for differences among [prisons](/usc/34/30309.md?p=7) as required by [subsection (c)(3)](#c-3);
    - (E) the categorization of [prisons](/usc/34/30309.md?p=7) as required by [subsection (c)(4)](#c-4); and
    - (F) whether a preliminary study of [prison rape](/usc/34/30309.md?p=8) should be conducted to inform the methodology of the comprehensive statistical 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](/usc/34/30309.md?p=3); juvenile correctional facilities; former [inmates](/usc/34/30309.md?p=2); victim advocates; researchers; and other experts in the area of sexual assault.
  - (4) **Sampling techniques—** The review and analysis under [paragraph (1)](#a-1) shall be based on a random sample, or other scientifically appropriate sample, of not less than 10 percent of all Federal, [State](/usc/34/30502.md?p=4), and county [prisons](/usc/34/30309.md?p=7), and a representative sample of municipal [prisons](/usc/34/30309.md?p=7). The selection shall include at least one [prison](/usc/34/30309.md?p=7) from each [State](/usc/34/30502.md?p=4). The selection 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](/usc/34/30309.md?p=7) 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)](#a-1), the Bureau shall, in addition to such other methods as the Bureau considers appropriate, use surveys and other statistical studies of current and former [inmates](/usc/34/30309.md?p=2) from a sample of Federal, [State](/usc/34/30502.md?p=4), county, and municipal [prisons](/usc/34/30309.md?p=7). The Bureau shall ensure the confidentiality of each survey participant, except as authorized in [paragraph (7)](#a-7).
  - (6) **Participation in survey—** Federal, [State](/usc/34/30502.md?p=4), or [local](/usc/34/30502.md?p=3) officials or facility administrators that receive a request from the Bureau under subsection [(a)(4)](#a-4) or (5) will be required to participate in the national survey and provide access to any [inmates](/usc/34/30309.md?p=2) under their legal custody.
  - (7) **Reporting on child abuse and neglect—** Nothing in section [10134](/usc/34/10134.md) or [10231](/usc/34/10231.md) of this title or any other provision of law, including [paragraph (5)](#a-5), shall prevent the Bureau (including its agents), in carrying out the review and analysis under [paragraph (1)](#a-1), from reporting to the designated public officials such information (and only such information) regarding child abuse or child neglect with respect to which the statutes or regulations of a [State](/usc/34/30502.md?p=4) (or a political subdivision thereof) require prompt reporting.
- (b) **Review Panel on Prison Rape—**
  - (1) **Establishment—** To assist the Bureau in carrying out the review and analysis under [subsection (a)](#a), there is established, within the Department of Justice, the Review Panel on [Prison Rape](/usc/34/30309.md?p=8) (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 Attorney 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.
  - (3) **Public hearings—**
    - (A) **In general—** The duty of the Panel shall be to carry out, for each calendar year, public hearings concerning the operation of the three [prisons](/usc/34/30309.md?p=7) with the highest incidence of [prison rape](/usc/34/30309.md?p=8) and the two [prisons](/usc/34/30309.md?p=7) with the lowest incidence of [prison rape](/usc/34/30309.md?p=8) in each category of facilities identified under [subsection (c)(4)](#c-4). The Panel shall hold a separate hearing regarding the three Federal or [State](/usc/34/30502.md?p=4) [prisons](/usc/34/30309.md?p=7) with the highest incidence of [prison rape](/usc/34/30309.md?p=8). The purpose of these hearings shall be to collect evidence to aid in the identification of common characteristics of both victims and perpetrators of [prison rape](/usc/34/30309.md?p=8), and the identification of common characteristics of [prisons](/usc/34/30309.md?p=7) and [prison](/usc/34/30309.md?p=7) systems with a high incidence of [prison rape](/usc/34/30309.md?p=8), and the identification of common characteristics of [prisons](/usc/34/30309.md?p=7) and [prison](/usc/34/30309.md?p=7) systems that appear to have been successful in deterring [prison rape](/usc/34/30309.md?p=8).
    - (B) **Testimony at hearings—**
      - (i) **Public officials—** In carrying out the hearings required under [subparagraph (A)](#b-3-A), the Panel shall request the public testimony of Federal, [State](/usc/34/30502.md?p=4), and [local](/usc/34/30502.md?p=3) officials (and organizations that represent such officials), including the warden or director of each [prison](/usc/34/30309.md?p=7), who bears responsibility for the prevention, detection, and punishment of [prison rape](/usc/34/30309.md?p=8) at each entity, and the head of the [prison](/usc/34/30309.md?p=7) system encompassing such [prison](/usc/34/30309.md?p=7).
      - (ii) **Victims—** The Panel may request the testimony of [prison rape](/usc/34/30309.md?p=8) victims, organizations representing such victims, and other appropriate individuals and organizations.
    - (C) **Subpoenas—**
      - (i) **Issuance—** The Panel may issue subpoenas for the attendance of witnesses and the production of written or other matter.
      - (ii) **Enforcement—** In the case of contumacy or refusal to obey a subpoena, the Attorney General may in a Federal court of appropriate jurisdiction obtain an appropriate order to enforce the subpoena.
- (c) **Reports—**
  - (1) **In general—** Not later than June 30 of each year, the Attorney General shall submit a report on the activities of the Bureau and the Review Panel, with respect to [prison rape](/usc/34/30309.md?p=8), for the preceding calendar year to—
    - (A) Congress; and
    - (B) the Secretary of Health and Human Services.
  - (2) **Contents—** The report required under [paragraph (1)](#c-1) shall include—
    - (A) with respect to the effects of [prison rape](/usc/34/30309.md?p=8), statistical, sociological, and psychological data;
    - (B) with respect to the incidence of [prison rape](/usc/34/30309.md?p=8)—
      - (i) statistical data aggregated at the Federal, [State](/usc/34/30502.md?p=4), [prison](/usc/34/30309.md?p=7) system, and [prison](/usc/34/30309.md?p=7) levels;
      - (ii) a listing of those institutions in the representative sample, separated into each category identified under [subsection (c)(4)](#c-4) and ranked according to the incidence of [prison rape](/usc/34/30309.md?p=8) in each institution; and
      - (iii) an identification of those institutions in the representative sample that appear to have been successful in deterring [prison rape](/usc/34/30309.md?p=8); and
    - (C) a listing of any [prisons](/usc/34/30309.md?p=7) in the representative sample that did not cooperate with the survey conducted pursuant to this section.
  - (3) **Data adjustments—** In preparing the information specified in [paragraph (2)](#c-2), the Attorney General shall use established statistical methods to adjust the data as necessary to account for differences among institutions in the representative sample, which are not related to the detection, prevention, reduction and punishment of [prison rape](/usc/34/30309.md?p=8), or which are outside the control of the [State](/usc/34/30502.md?p=4), [prison](/usc/34/30309.md?p=7), or [prison](/usc/34/30309.md?p=7) system, in order to provide an accurate comparison among [prisons](/usc/34/30309.md?p=7). Such differences may include the mission, security level, size, and jurisdiction under which the [prison](/usc/34/30309.md?p=7) operates. For each such adjustment made, the Attorney General shall identify and explain such adjustment in the report.
  - (4) **Categorization of prisons—** The report shall divide the [prisons](/usc/34/30309.md?p=7) surveyed into three categories. One category shall be composed of all Federal and [State](/usc/34/30502.md?p=4) [prisons](/usc/34/30309.md?p=7). The other two categories shall be defined by the Attorney General in order to compare similar institutions.
- (d) **Contracts and grants—** In carrying out its duties under this section, the Attorney General may—
  - (1) provide grants for research through the National Institute of Justice; and
  - (2) contract with or provide grants to any other entity the Attorney General deems appropriate.
- (e) **Authorization of appropriations—** There are authorized to be appropriated $15,000,000 for each of fiscal years 2004 through 2010 to carry out this section.

## Source credit

(Pub. L. 108–79, § 4, Sept. 4, 2003, 117 Stat. 975; Pub. L. 109–108, title I, § 113(a), Nov. 22, 2005, 119 Stat. 2305.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 15603 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2005—Subsec. (a)(5). Pub. L. 109–108, § 113(a)(1), inserted “, except as authorized in paragraph (7)” before period at end.

Subsec. (a)(7). Pub. L. 109–108, § 113(a)(2), added par. (7).