[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9296 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9296

     To direct the Director of the Bureau of Prisons to conduct a 
comprehensive review of understaffing across the Bureau, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2022

     Ms. Speier (for herself, Ms. Chu, Ms. Bass, Mr. Carbajal, Mr. 
Obernolte, and Mr. Weber of Texas) introduced the following bill; which 
             was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To direct the Director of the Bureau of Prisons to conduct a 
comprehensive review of understaffing across the Bureau, 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 ``Prison Staffing Reform Act of 
2022''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Bureau of Prisons has 121 institutions located 
        throughout the United States and employs nearly 35,000 
        employees. Understaffing across the agency jeopardizes the 
        health, safety, and well-being of staff and inmates alike.
            (2) Understaffing at Bureau of Prison institutions poses a 
        threat to inmates, who will consequently lack access to 
        lifesaving medical care, efficient review of their casework, 
        sanitary living conditions, access to vital recidivism 
        reduction programming, and protections against abuse or sexual 
        misconduct.
            (3) Understaffing at Bureau of Prison institutions will 
        also result in reduced staff safety, escalated workplace abuse, 
        stressful work conditions, enhanced mental and physical health 
        concerns, and unacceptably long work shifts for employees.
            (4) Mandated overtime, misuse of augmentation or 
        reassignment, and overworked employees will reduce prison 
        security and threaten public safety.

SEC. 3. COMPREHENSIVE REVIEW OF UNDERSTAFFING ACROSS BUREAU OF PRISONS.

    (a) Review.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Bureau of Prisons shall--
            (1) complete a thorough external review, in accordance with 
        subsection (b), of staffing across the Bureau of Prisons, as 
        well as the impact of any understaffing on employees, 
        individuals in the custody of the Bureau of Prisons, and 
        overall agency spending; and
            (2) submit to the Committee on the Judiciary of the House 
        of Representatives, the Committee on the Judiciary of the 
        Senate, and the Council of Prison Locals C-33 within the 
        American Federation of Government Employees Organization--
                    (A) a plan for recruiting job applicants, filling 
                vacancies, reducing mandated overtime and misuse of 
                augmentation, and strengthening staffing across the 
                Bureau of Prisons; and
                    (B) a guideline for staffing requirements 
                including--
                            (i) the number of correctional officers 
                        needed per individual in the custody of the 
                        Bureau of Prisons for each housing unit, 
                        building, or location where individuals in the 
                        custody of the Bureau of Prisons are located; 
                        and
                            (ii) the number of employees, including 
                        teachers, counselors, case managers, and 
                        medical staff, needed per individual in the 
                        custody of the Bureau of Prisons for non-
                        correctional departments, disaggregated by the 
                        three primary shifts, security levels, and any 
                        special mission within the Bureau of Prisons.
    (b) Requirements of Review.--The external review completed under 
subsection (a)(1) shall be conducted by a non-Bureau of Prisons 
organization, in consultation with--
            (1) the Council of Prison Locals C-33 within the American 
        Federation of Government Employees Organization;
            (2) civil rights organizations; and
            (3) organizations focused on reducing recidivism through 
        educational, mental health, and substance use disorder 
        programming.
    (c) Contents.--The review required under subsection (a) shall--
            (1) identify and address the effects of understaffing on--
                    (A) the length of time during which individuals in 
                the custody of the Bureau of Prisons are placed on 
                waiting lists to receive care or programming;
                    (B) the availability of medical care for 
                individuals in the custody of the Bureau of Prisons, 
                including substance use disorder treatment programs, 
                mental health programs, and maternal health programs;
                    (C) the processing of an individual in the custody 
                of the Bureau of Prisons application for compassionate 
                release, home confinement, and time credits established 
                under title I of the First Step Act of 2018 (18 U.S.C. 
                3631 et seq.);
                    (D) the availability of teachers, therapists, and 
                other support staff for evidence-based recidivism 
                reduction programs and productive activities (as such 
                terms are defined in section 3635 of title 18, United 
                States Code);
                    (E) adequate protections for staff and individuals 
                in the custody of the Bureau of Prisons against 
                violence, neglect, and sexual misconduct;
                    (F) the availability of sanitary and efficient food 
                services;
                    (G) prison security, including the detection of 
                contraband;
                    (H) the efficient installation of security cameras 
                and plans to remedy deficits in security camera 
                systems;
                    (I) the conversion of existing analog radio systems 
                to digital radios equipped with the man-down feature;
                    (J) stressful work environments, mandated overtime, 
                augmentation, and other workplace conditions that may 
                jeopardize employees' mental and physical health; and
                    (K) additional costs incurred by the Bureau of 
                Prisons, including costs associated with augmentation 
                and overtime;
            (2) include an independent review, conducted by the 
        National Academy of Medicine, a nonprofit organization, or 
        other type of organization determined by the Director to be 
        capable of conducting such review, of the adequacy and quality 
        of medical care available to individuals in the custody of the 
        Bureau of Prisons;
            (3) include a comparison of the various methodologies used 
        by the Bureau of Prisons to assess staffing levels, as well as 
        any possible misalignments and inconsistencies in terminology 
        between these methodologies; and
            (4) include a 3-year strategic plan and cost projection for 
        filling existing vacancies and maintaining staffing across the 
        Bureau of Prisons.
    (d) Implementation Deadline.--Not later than 3 years after the date 
on which the plan is submitted under subsection (a)(2), and subject to 
appropriations, the Director of the Bureau of Prisons shall complete 
implementation of the submitted plan.
    (e) Annual Progress Reports.--Beginning 1 year after the date on 
which the plan is submitted under subsection (a)(2), and each year 
thereafter until the end of the 3-year period described in subsection 
(c), the Director of the Bureau of Prisons shall submit to the 
Committee on the Judiciary of the House of Representatives, the 
Committee on the Judiciary of the Senate, and the Council of Prison 
Locals C-33 within the American Federation of Government Employees 
Organization a report on the progress of the implementation of the plan 
submitted under subsection (a)(2).
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