prison rape. 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; and 
(B) prisons and prison systems with a high 
incidence of prison rape. 
(2) SAMPLING
TECHNIQUES.—The 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 mu-
nicipal prisons. The selection shall include at least 
one prison from each State. The selection of facili-
ties for sampling shall be made at the latest prac-
ticable 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 sur-
vey. Selection of a facility for sampling during any 
year shall not preclude its selection for sampling in 
any subsequent year. 
(3) SURVEYS.—In carrying out the review re-
quired by this subsection, the Bureau shall, in addi-
tion to such other methods as the Bureau considers 
appropriate, use surveys and other statistical studies
of current and former inmates from a sample of 
Federal, State, county, and municipal prisons. The 
Bureau shall ensure the confidentiality of each sur-
vey participant. 
(4) FAILURE TO PARTICIPATE.—If, after receiv-
ing a request from the Bureau under subparagraph 
(a)(2), a State of local official or facility adminis-
trator declines to participate in the national survey 
or prohibits access to any inmates under their legal 
custody, the entity represented by that official, or 
any jurisdiction to which the facility is subject, shall 
not be entitled in any funding increases under sec-
tion 4, subsections (b)(3)(C) or (f). 
(b) REVIEW PANEL ON PRISON RAPE.—
(1) ESTABLISHMENT.—To assist the Bureau in 
carrying out the review and analysis under sub-
section (a), there is established, within the Bureau, 
the Review Panel on Prison Rape (in this section re-
ferred 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 consulta-
tion 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 
each entity identified in a report under clause 
(ii) or (iii) of subsection (c)(2)(B). The purpose 
of these hearings shall be to collect evidence to 
aid in the identification of common characteris-
tics of both victims and perpetrators of prison 
rape, and the identification of common charac-
teristics of prisons and prison systems with a 
high incidence of prison rape. 
(B) TESTIMONY AT HEARINGS.—
(i) PUBLIC
OFFICIALS.—In carrying 
out the hearings required under subpara-
graph (A), the Panel shall request the pub-
lic testimony of Federal, State, and local 
officials (and organizations that represent 
such officials), including the warden or di-
rector of each prison and the head of the 
prison system encompassing such prison,
who bear responsibility for the prevention, 
detection, and punishment of prison rape 
at each entity. 
(ii) VICTIMS.—The Panel may request 
the testimony of prison rape victims, orga-
nizations representing such victims, and 
other appropriate individuals and organiza-
tions. 
(C) FUNDING
INCREASE
AFTER
TESTI-
MONY.—If, after receiving a request by the 
Panel under subparagraph (B)(i), a State or 
local official from an entity identified in a re-
port under clause (ii) or (iii) of subsection 
(c)(2)(B) testifies at a reasonably designated 
time, the proportional share of the total Federal 
funds of the grant programs designated under 
section 11 provided to the entity represented by 
the official shall be increased by 10 percent in 
the fiscal year following the fiscal year in which 
the official testifies. No entity shall receive an 
increase in its proportional share of more than 
10 percent under this subsection. This increase 
shall be in addition to any other increase pro-
vided under this Act. 
(c) REPORTS.—
(1) IN GENERAL.—Not later than March 30 of 
each year, the Bureau shall submit a report on the 
activities of the Bureau (including the Review 
Panel), with respect to prison rape, for the pre-
ceding calendar year to—
(A) Congress; 
(B) the Attorney General; and 
(C) the Secretary of Health and Human 
Services. 
(2) CONTENTS.—The report required under 
paragraph (1) shall include—
(A) with respect to the effects of prison 
rape, statistical, sociological, and psychological 
data; and 
(B) with respect to the incidence of prison 
rape—
(i) statistical data aggregated at the 
Federal, State, prison system, and prison 
levels; 
(ii) an identification of the Federal 
Government, if applicable, and each State 
and local government (and each prison sys-
tem and institution in the representative 
sample) where the incidence of prison rape
exceeds the national median level by not 
less than 30 percent; and 
(iii) an identification of jail and police 
lockup systems in the representative sam-
ple where the incidence of prison rape is 
significantly avoidable. 
(3) DATA ADJUSTMENTS.—In preparing the in-
formation specified in paragraph (2), the Bureau 
shall, not later than the second year in which sur-
veys are conducted under this Act, use established 
statistical methods to adjust the data as necessary 
to account for exogenous factors, outside of the con-
trol of the State, prison system, or prison, which 
have demonstrably contributed to the incidence of 
prison rape. For each such adjustment made, the 
Bureau shall identify and explain such adjustment 
in the report. 
(d) CONTRACTS AND GRANTS.—In carrying out its 
duties under this section, the Bureau may—
(1) contract with the National Research Council 
of the National Academy of Science; 
(2) provide grants for research through the Na-
tional Science Foundation or the National Institute 
of Justice; and