[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.