1.This Act may be cited as the
Federal Prisons Accountability Act of
2012
.
2.Congress finds the following:
(1)The Director of
the Bureau of Prisons leads a law enforcement component of the Department of
Justice with a budget that exceeds $6,500,000,000 for fiscal year 2012.
(2)With the exception
of the Federal Bureau of Investigation, the Bureau of Prisons has the largest
operating budget of any unit within the Department of Justice.
(3)The Director of
the Bureau of Prisons oversees and is responsible for the welfare of more than
216,000 Federal inmates in 117 facilities.
(4)The Director of
the Bureau of Prisons supervises more than 37,000 employees, many of whom
operate in hazardous environments that involve regular interaction with violent
offenders.
(5)The Director of
the Bureau of Prisons also serves as the chief operating officer for Federal
Prisons Industries, a wholly owned government enterprise of 98 prison factories
that directly competes against the private sector, including small businesses,
for Government contracts.
(6)Within the
Department of Justice, in addition to those officials who oversee litigating
components, the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Director of the Bureau of Justice Assistance, the Director of
the Bureau of Justice Statistics, the Director of the Community Relations
Service, the Director of the Federal Bureau of Investigation, the Director of
the National Institute of Justice, the Director of the Office for Victims of
Crime, the Director of the Office on Violence Against Women, the Administrator
of the Drug Enforcement Administration, the Deputy Administrator of the Drug
Enforcement Administration, the Administrator of the Office of Juvenile Justice
and Delinquency Prevention, the Director of the United States Marshals Service,
94 United States Marshals, the Inspector General of the Department of Justice,
and the Special Counsel for Immigration Related Unfair Employment Practices,
are all appointed by the President by and with the advice and consent of the
Senate.
(7)Despite the
significant budget of the Bureau of Prisons and the vast number of people under
the responsibility of the Director of the Bureau of Prisons, the Director is
not appointed by and with the advice and consent of the Senate.
3.Director of the Bureau
of Prisons
(a)Section 4041 of title
18, United States Code, is amended by striking appointed by and serving
directly under the Attorney General.
and inserting the following:
who shall be appointed by the President by and with the advice and
consent of the Senate. The Director shall serve directly under the Attorney
General.
.
(b)Notwithstanding
the amendment made by subsection (a), the individual serving as the Director of
the Bureau of Prisons on the date of enactment of this Act may serve as the
Director of the Bureau of Prisons until the date that is 3 months after the
date of enactment of this Act.
(c)Nothing in this Act shall be construed to limit the
ability of the President to appoint the individual serving as the Director of
the Bureau of Prisons on the date of enactment of this Act to the position of
the Director of the Bureau of Prisons in accordance with section 4041 of title
18, United States Code, as amended by subsection (a).