[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2742 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2742

To require the Director of the Bureau of Prisons to be appointed by and 
               with the advice and consent of the Senate.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2019

    Mr. McConnell (for himself, Mr. Lee, Ms. Sinema, and Mr. Paul) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the Director of the Bureau of Prisons to be appointed by and 
               with the advice and consent of the Senate.

    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 Prisons Accountability Act 
of 2019''.

SEC. 2. FINDINGS.

    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 $7,000,000,000 for fiscal year 2018.
            (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 122 
        facilities and is responsible for the welfare of more than 
        176,000 Federal inmates.
            (4) The Director of the Bureau of Prisons supervises more 
        than 36,000 employees, many of whom operate in hazardous 
        environments that involve regular interaction with violent 
        offenders.
            (5) 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 Community Relations Service, the Director of 
        the Federal Bureau of Investigation, 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 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.
            (6) 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.

SEC. 3. DIRECTOR OF THE BUREAU OF PRISONS.

    (a) In General.--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) Incumbent.--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) Rule of Construction.--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).
    (d) Term.--
            (1) In general.--Section 4041 of title 18, United States 
        Code, as amended by subsection (a), is amended by inserting 
        after ``consent of the Senate.'' the following: ``The Director 
        shall be appointed for a term of 10 years, except that an 
        individual appointed to the position of Director may continue 
        to serve in that position until another individual is appointed 
        to that position, by and with the advice and consent of the 
        Senate. An individual may not serve more than 1 term as 
        Director.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to appointments made on or after the date of 
        enactment of this Act.
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