[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Enrolled Bill (ENR)]
H.R.3019
One Hundred Eighteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and twenty-four
An Act
To establish an inspections regime for the Bureau of Prisons, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prison Oversight Act''.
SEC. 2. CREATION OF AN INSPECTIONS REGIME FOR THE BUREAU OF PRISONS.
(a) In General.--Section 413 of title 5, United States Code, is
amended by adding at the end the following:
``(e) Inspections Regime.--
``(1) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on the Judiciary and the Committee
on Homeland Security and Governmental Affairs of the
Senate; and
``(ii) the Committee on the Judiciary and the Committee
on Oversight and Accountability of the House of
Representatives.
``(B) Bureau.--The term `Bureau' means the Bureau of
Prisons.
``(C) Covered facility.--The term `covered facility'--
``(i) means a correctional facility operated by the
Bureau; and
``(ii) does not include a post-incarceration
residential re-entry center.
``(D) Family advocate.--The term `family advocate'
includes--
``(i) a grandparent, parent, sibling, spouse or
domestic partner, child, aunt, uncle, cousin, niece,
nephew, grandchild, or any other person related to an
individual by blood, adoption, marriage, civil union, a
romantic or fostering relationship; or
``(ii) a friend of--
``(I) the incarcerated person; or
``(II) the family of the incarcerated person.
``(E) Inspector general.--The term `Inspector General'
means the Inspector General of the Department of Justice.
``(F) Ombudsman.--The term `Ombudsman' means the Ombudsman
established under paragraph (3)(A).
``(G) Representative of an incarcerated person.--The term
`representative of an incarcerated person' includes paid or
unpaid legal counsel or any other person or entity chosen by an
incarcerated person to represent the interests of the
incarcerated person.
``(H) Sexual abuse.--The term `sexual abuse' has the
meaning given that term in section 115.6 of title 28, Code of
Federal Regulations (or any successor thereto).
``(I) Staff.--The term `staff' means employees and
contractors of the Bureau.
``(2) Inspections of covered facilities by the inspector
general.--
``(A) Establishment of inspections regime.--
``(i) In general.--The Inspector General shall conduct
periodic inspections of covered facilities pursuant to the
requirements of this subsection.
``(ii) Access to covered facilities.--The Attorney
General shall ensure that the Inspector General has access
to--
``(I) any covered facility (including the
incarcerated people, detainees, staff, bargaining unit
representative organization) in accordance with
paragraph (4); and
``(II) any other information that the Inspector
General determines is necessary to carry out the
provisions of this subsection.
``(iii) Notice of inspections.--An inspection of a
covered facility under this subsection may be announced or
unannounced.
``(iv) Community input.--In developing the inspections
regime under this subsection, the Inspector General is
encouraged to consult formerly incarcerated people, family
or representatives of incarcerated people, and community
advocates.
``(B) Inspection criteria.--An inspection of a covered
facility under this subsection may include an assessment of the
following:
``(i) The policies, procedures, and administrative
guidance of the facility.
``(ii) The conditions of confinement.
``(iii) Working conditions for staff.
``(iv) The availability of evidence-based recidivism
reduction programs and productive activities, as such terms
are defined in section 3635 of title 18, and the
application of earned time credits pursuant to section 3632
of title 18.
``(v) The policies and procedures relating to
visitation.
``(vi) The policies and practices relating to
classification and housing.
``(vii) The policies and practices relating to the use
of single-cell confinement, administrative segregation, and
other forms of restrictive housing.
``(viii) The medical facilities and medical and mental
health care, programs, procedures, and policies, including
the number and qualifications of medical and mental health
staff and the availability of sex-specific and trauma-
responsive care for incarcerated people.
``(ix) Medical services and mental health resources for
staff.
``(x) Lockdowns at the facility.
``(xi) Credible allegations of incidents involving
excessive use of force, completed, attempted, or threatened
violence, including sexual abuse, or misconduct committed
against incarcerated people.
``(xii) Credible allegations of incidents involving
completed, attempted, or threatened violence, including
sexual violence or sexual abuse, committed against staff.
``(xiii) Adequacy of staffing at the covered facility,
including the number and job assignments of staff, the
ratio of staff to inmates at the facility, the staff
position vacancy rate at the facility, and the use of
overtime, mandatory overtime, and augmentation.
``(xiv) Deaths or serious injuries of incarcerated
people or staff that occurred at the facility.
``(xv) The existence of contraband that jeopardizes the
health or safety of incarcerated people or staff, including
incident reports, referrals for criminal prosecution, and
confirmed prosecutions.
``(xvi) Access of incarcerated people to--
``(I) legal counsel, including confidential
meetings and communications;
``(II) discovery and other case-related legal
materials; and
``(III) the law library at the covered facility.
``(xvii) Any aspect of the operation of the covered
facility that the Inspector General determines to be
necessary over the course of an inspection.
``(C) Inspection schedule.--An inspection of a covered
facility under this subsection shall be conducted on a schedule
based on the combined risk score of the covered facility as
described in subparagraph (E) and the following considerations:
``(i) Higher risk facilities shall receive more
frequent inspections.
``(ii) The Inspector General shall reevaluate the
combined risk score methodology and inspection schedule
periodically and may alter 1 or both to ensure that higher
risk facilities are identified and receiving the
appropriate frequency of inspection.
``(iii) A determination by the Inspector General that 1
or more of the criteria listed in subparagraph (B) should
be inspected, with regard to a covered facility or group of
covered facilities.
``(D) Report.--
``(i) In general.--Not later than 6 months after the
completion of an inspection of a covered facility under
this subsection, or a group of inspections that assess the
same or similar issues at more than 1 facility, the
Inspector General shall submit a final copy of the report
to the Attorney General, the appropriate congressional
committees, employee representative organizations, and the
public, that addresses 1 or more of the following topics:
``(I) A characterization of the conditions of
confinement and working conditions, including a summary
of the inspection criteria reviewed under clauses (ii)
and (iii) of subparagraph (B).
``(II) Recommendations made to the covered facility
to improve safety and conditions within the facility,
including recommendations regarding staffing.
``(III) A recommended timeline for the next
inspection and assessment, which shall not limit the
authority of the Inspector General to perform
additional inspections and assessments, announced or
unannounced.
``(IV) Any other issues or matters identified
during the inspection of the facility or facilities.
``(ii) Consultation with stakeholders.--In developing
the recommendations described in clause (i), the Inspector
General may consult with stakeholders, including employee
representative organizations.
``(E) Risk score.--Not later than 18 months after the date
of enactment of the Federal Prison Oversight Act, the Inspector
General shall establish methodology and protocols for
determining the combined risk score of a covered facility,
which--
``(i) shall be delivered to the appropriate
congressional committees; and
``(ii) may be based on--
``(I) frequency and duration of lockdowns;
``(II) availability of programming;
``(III) staffing levels;
``(IV) access to adequate physical and mental
health resources;
``(V) incidences of physical assault, neglect, or
sexual abuse;
``(VI) opportunity to maintain family ties through
phone calls, video calls, mail, email, and visitation;
``(VII) adequacy of the nutrition provided;
``(VIII) amount or frequency of staff discipline
cases;
``(IX) amount or frequency of misconduct by people
incarcerated at the covered facility;
``(X) access of incarcerated people to--
``(aa) legal counsel, including confidential
meetings and communications;
``(bb) discovery and other case-related legal
materials; and
``(cc) the law library at the covered facility;
and
``(XI) other factors as determined by the Inspector
General.
``(F) Bureau response to report.--
``(i) In general.--Not later than 60 days after the
date on which the Inspector General issues a report under
subparagraph (D), the Bureau shall respond in writing to
the inspection report, which shall include a corrective
action plan.
``(ii) Public availability.--Each response and action
plan described in clause (i) shall be made available to the
public on the website of the Inspector General.
``(iii) Compliance with corrective action plan.--The
Inspector General may conduct additional inspections or
investigations, announced or unannounced, to monitor the
compliance of the Bureau with a corrective action plan
described in clause (i).
``(G) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede, conflict
with, or otherwise alter the authority provided to the
Inspector General under section 406.
``(3) Ombudsman.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Federal Prison Oversight Act, the Attorney
General shall establish in the Department of Justice an
Ombudsman who may--
``(i) receive a complaint from an incarcerated person,
a family advocate, a representative of an incarcerated
person, staff, a representative of staff, a Member of
Congress, or a member of the judicial branch of the Federal
Government regarding issues that may adversely affect the
health, safety, welfare, or rights of incarcerated people
or staff, including--
``(I) abuse or neglect;
``(II) the conditions of confinement, including the
availability of health care;
``(III) working conditions of staff;
``(IV) decisions, administrative actions, or
guidance of the Bureau, including those relating to
prison staffing;
``(V) inaction or omissions by the Bureau,
including failure to consider or respond to complaints
or grievances by incarcerated people or staff promptly
or appropriately;
``(VI) policies, rules, or procedures of the
Bureau, including gross mismanagement; and
``(VII) alleged violations of non-criminal law by
staff or incarcerated people that may adversely affect
the health, safety, welfare, or rights of any person;
``(ii) refer a complainant and others to appropriate
resources or Federal agencies;
``(iii) make inquiries and recommend actions to
appropriate entities on behalf of a complainant, the
Ombudsman, or others; and
``(iv) decline to investigate or take any action with
respect to any complaint and, in any case in which the
Ombudsman declines to investigate or take any action, shall
notify the complainant in writing of the decision not to
investigate or take any action and the reasons for the
decision.
``(B) Limitations on authority.--The Ombudsman--
``(i) may not investigate--
``(I) any complaints relating to the underlying
criminal conviction of an incarcerated person;
``(II) a complaint from staff that relates to the
employment or contractual relationship of the staff
member with the Bureau, unless the complaint is related
to the health, safety, welfare, working conditions,
gross mismanagement of a covered facility, or
rehabilitation of incarcerated people; or
``(III) any allegation of criminal or
administrative misconduct, as described in subsection
(b)(2), and shall refer any matter covered by
subsection (b)(2) to the Inspector General, who may, at
the discretion of Inspector General, refer such
allegations back to the Ombudsman or the internal
affairs office of the appropriate component of the
Department of Justice; and
``(ii) may not levy any fees for the submission or
investigation of complaints.
``(C) Decision on the merits of a complaint.--At the
conclusion of an investigation of a complaint, the Ombudsman
shall--
``(i) render a decision on the merits of each
complaint;
``(ii) communicate the decision to the complainant, if
any, and to the Bureau; and
``(iii) state the recommendations and reasoning of the
Ombudsman if, in the opinion of the Ombudsman, the Bureau
or any employee thereof should--
``(I) consider the matter further;
``(II) modify or cancel any action;
``(III) alter a rule, practice, or ruling;
``(IV) explain in detail the administrative action
in question; or
``(V) rectify an omission.
``(D) Actions following a decision by the ombudsman.--
``(i) Request for information about actions taken.--If
the Ombudsman so requests, the Bureau shall, within the
time specified, respond to any inquiry or request for
information from the Ombudsman and inform the Ombudsman
about any action taken on the recommendations provided by
the Ombudsman or the reasons for not complying with any
request for information or recommendations.
``(ii) Reporting of continuing issues.--If the
Ombudsman believes, based on an investigation conducted by
the Ombudsman, that there has been or continues to be a
significant health, safety, welfare, working conditions, or
rehabilitation issue, the Ombudsman shall report the
finding to the Attorney General and the appropriate
congressional committees.
``(iii) Monitoring of internal disciplinary actions of
the bureau.--In the event that the Bureau conducts an
internal disciplinary investigation or review of 1 or more
staff members of the Bureau as a result of an investigation
by the Ombudsman, the Ombudsman may monitor the internal
disciplinary action to ensure a fair and objective process.
``(4) Inspector general and ombudsman access to bureau of
prisons facilities.--
``(A) In general.--
``(i) Access to bureau facilities.--Except as provided
in clause (ii), upon demand, in person or in writing and
with or without prior notice, the Inspector General and the
Ombudsman shall be granted access to all Bureau facilities,
which shall include--
``(I) all areas that are used by incarcerated
people, all areas that are accessible to incarcerated
people, and access to programs for incarcerated people
at any time of day; and
``(II) the opportunity to--
``(aa) conduct private and confidential
interviews with any incarcerated person, staff,
employee representative organization, or other
person; and
``(bb) communicate privately and
confidentially, both formally and informally, with
incarcerated people or staff by telephone, mail,
electronic communication, and in person, which
shall not be monitored or recorded by or conducted
in the presence of staff.
``(ii) Exception.--Clause (i) shall not apply in
situations where the head of the covered facility provides
evidence to the Inspector General or the Ombudsman that
there is risk of serious and immediate physical harm to
visitors due to an ongoing event that requires restricting
access to the facility.
``(B) Purpose of visits.--Access to Bureau facilities under
subparagraph (A) is for the purposes of--
``(i) conducting announced or unannounced inspections
by the Inspector General as described in paragraph (2),
including inspections to monitor the compliance of the
Bureau with a corrective action plan described in paragraph
(2)(F)(i);
``(ii) conducting an investigation or other activity by
the Ombudsman as described in paragraph (3); and
``(iii) inspecting, viewing, photographing, and video
recording all areas of the facility that are used by
incarcerated people or are accessible to incarcerated
people.
``(C) Access to documents.--
``(i) In general.--The Inspector General and the
Ombudsman have the right to access, inspect, and copy all
relevant information, records, or documents in the
possession or control of the Bureau that either the
Inspector General or the Ombudsman considers necessary in
an inspection, investigation, or other activity, and the
Bureau shall assist the Inspector General and the Ombudsman
in obtaining the necessary releases for those documents
that are specifically restricted or privileged for use by
the Bureau.
``(ii) Production of records.--Following notification
from the Inspector General or the Ombudsman with a written
demand for access to Bureau records, the Bureau shall
provide access to the requested documentation in a manner
consistent with section 552a (commonly known as the
`Privacy Act of 1974')--
``(I) not later than 30 business days after receipt
of the written request; or
``(II) in the case of records pertaining to the
death of an incarcerated person or staff, threats of
bodily harm including sexual or physical assaults, or
the denial or delay of necessary medical treatment, not
later than 10 business days after receipt of the
written request, unless the Inspector General or the
Ombudsman consents to an extension of that time frame.
``(D) Minimize disruption of operations.--The Inspector
General and the Ombudsman shall--
``(i) develop procedures--
``(I) to ensure that the Inspector General has
access to, and the right to review and investigate, any
allegations received by the Ombudsman to ensure that
the Inspector General may carry out the authorities
provided to the Inspector General under this chapter;
and
``(II) that may provide that the Inspector General
and the Ombudsman will determine certain categories of
allegations that are not necessary for the Inspector
General to review prior to the Ombudsman proceeding;
``(ii) work with the Bureau to minimize disruption to
the operations of the Bureau due to inspections,
investigations, or other activity;
``(iii) comply with the security clearance processes of
the Bureau, provided these processes do not impede the
activities described in this subsection; and
``(iv) limit the public release of any photographs or
video recordings that would jeopardize--
``(I) the safety, security, or good order of a
covered facility or the Bureau; or
``(II) public safety.
``(E) Rule of construction.--The authority in this
paragraph is consistent with and does not supersede, conflict
with, or otherwise alter the authority provided to the
Inspector General under section 406.
``(5) Confidentiality.--
``(A) In general.--Correspondence and communication with
the Inspector General and the Ombudsman, including
communication regarding an issue described in section 4051 of
title 18 is confidential and shall be protected as privileged
correspondence in the same manner as legal correspondence or
communications.
``(B) Procedures.--Subject to subparagraph (C), the
Inspector General and the Ombudsman shall establish
confidentiality procedures for all information maintained by
the respective office to ensure that, to the greatest extent
practicable, before, during, or after an investigation--
``(i) staff are not aware of the identity of a
complainant; and
``(ii) other incarcerated people are not aware of the
identity of a complainant.
``(C) Exception.--The Inspector General and the Ombudsman
may disclose identifying information for the sole purpose of
carrying out an investigation and as otherwise authorized under
section 407(b).
``(6) Filing complaints.--
``(A) Filing complaints on behalf of an incarcerated
individual.--
``(i) Online form.--The Ombudsman shall create a secure
online form to be made available on the website of the
Ombudsman where the family advocates and representatives of
incarcerated people can submit complaints and inquiries on
issues identified in paragraph (3)(A)(i) on behalf of an
individual incarcerated at a covered facility.
``(ii) Telephone hotline.--The Ombudsman shall create a
telephone hotline through which family advocates and
representatives of incarcerated people can call to file
complaints and inquiries on issues identified in paragraph
(3)(A)(i) on behalf of an individual incarcerated at a
covered facility.
``(B) Filing complaints by an incarcerated individual.--
``(i) Internal private submission.--The Bureau shall
provide multiple internal ways for incarcerated individuals
in covered facilities to privately submit to the Ombudsman
complaints and inquiries on issues identified in paragraph
(3)(A)(i).
``(ii) Submission via independent entity.--The Bureau
shall also provide not less than 1 process for incarcerated
individuals in covered facilities to submit complaints and
inquiries on issues identified in paragraph (3)(A)(i) to a
public or private entity or office that is not part of the
Bureau and that is able to receive and immediately forward
complaints and inquiries to the Ombudsman, allowing the
incarcerated individual to remain anonymous upon request.
``(C) Determination.--
``(i) Confirmation of receipt.--Not later than 5
business days after submission of a complaint or inquiry
under subparagraph (A) or (B), the Ombudsman shall confirm
receipt.
``(ii) Determination.--Not later than 15 business days
after issuing the confirmation under clause (i), the
Ombudsman shall make a determination as to whether any
action is warranted and notify the complainant of the
determination.
``(iii) Statement regarding decision.--If the Ombudsman
has determined action is unwarranted under clause (ii), the
Ombudsman shall provide a written statement explaining the
decision to the complainant.
``(D) Public education.--The Ombudsman shall coordinate
with the Bureau to educate incarcerated people, representatives
of incarcerated people, and the public about the existence and
functions of the Ombudsman.
``(E) Administrative exhaustion.--Nothing in this paragraph
shall be construed as a necessary administrative remedy
required for exhaustion under section 7(a) of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e(a)).
``(7) Prohibition on retaliation.--
``(A) In general.--The Bureau and staff of the Bureau shall
not discharge, retaliate against, or in any manner discriminate
against any complainant or any person or entity that has
instituted or caused to be instituted any proceeding,
investigation, or inspection under or related to this
subsection.
``(B) Investigation.--Any alleged discharge of, retaliation
against, or discrimination against a complainant, entity, or
person because of a complaint, investigation, or inspection may
be considered by the Ombudsman as an appropriate subject of an
investigation or other activity.
``(8) Due process protections.--
``(A) In general.--The Attorney General and the Inspector
General shall ensure that implementation of this subsection is
consistent with section 552a (commonly known as the `Privacy
Act of 1974') and all other applicable laws, and respects
appropriate due process protections for staff.
``(B) Rule of construction.--Nothing in this paragraph
shall be construed to modify, supersede, or otherwise affect
the authority of the Inspector General to access all records,
reports, audits, reviews, documents, papers, recommendations,
or other materials, as authorized by section 406(a).
``(9) Percentage of annual appropriation for the bureau of
prisons.--It is the sense of Congress that the amount allocated to
the Inspector General and the Ombudsman to carry out the activities
described in this subsection should equal an amount between 0.2
percent and 0.5 percent of the annual appropriation for the
Bureau.''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 90 days after the date on which
appropriations are made available to the Inspector General of the
Department of Justice and the Department of Justice for the specific
purpose of carrying out the provisions of this Act and the amendments
made by this Act.
(c) Augmentation.--On and after the effective date of this Act, the
Bureau of Prisons shall implement the directive in the second sentence
on the topic ``Augmentation'' in the matter under the heading
``SALARIES AND EXPENSES'' under the heading ``FEDERAL PRISON SYSTEM''
in the joint explanatory statement accompanying Public Law 117-328.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.