118 S5062 ES: Prison Staff Safety Enhancement Act
U.S. Senate
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EN
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118th CONGRESS
2d Session
S. 5062
IN THE SENATE OF THE UNITED STATES
AN ACT
To address sexual harassment and sexual assault of Bureau of Prisons staff in prisons, and for other purposes.
1.

Short title
This Act may be cited as the “Prison Staff Safety Enhancement Act”.
2.

Findings
Congress finds the following:
(1)
In 2023, the Office of the Inspector General of the Department of Justice released a report titled “Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff” (in this section referred to as the Inspector General report).
(2)
The Inspector General report examined all sanctioned inmate sexual incidents in the Bureau of Prisons (in this section referred to as the Bureau) between fiscal years 2015 and 2021, and found that inmate-on-staff sexual harassment and sexual assault is widespread.
(3)
The Inspector General report further found that the Bureau does not collect adequate data on inmate-on-staff sexual harassment and sexual assault and that, because of the Bureau's inadequate data, the Bureau has not been able to identify the full scope of inmate-on-staff sexual harassment and sexual assault.
(4)
The Inspector General report further found that the Bureau does not have systems to evaluate the effectiveness of the Bureau's strategies to mitigate inmate-on-staff sexual harassment and sexual assault.
(5)
The Inspector General report made recommendations to the Bureau to address the failures in the Bureau's data collection and mitigation efforts, but the Bureau has not implemented these recommendations.
3.

Addressing sexual harassment and sexual assault of Bureau of Prisons staff
(a)

Definitions
In this section:
(1)

Bureau
The term Bureau means the Bureau of Prisons.
(2)

Correctional officer
The term correctional officer has the meaning given the term in section 4051 of title 18, United States Code.
(3)

Inspector General
The term Inspector General means the Inspector General of the Department of Justice.
(4)

Incarcerated individual
The term incarcerated individual has the meaning given the term prisoner in section 4051 of title 18, United States Code.
(5)

Sexual assault
The term sexual assault means an act described in subsection (b), (c), or (d) of section 920 of title 10, United States Code.
(6)

Sexual harassment
The term sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that explicitly or implicitly affect an individual’s employment, unreasonably interfere with an individual’s work performance, or create an intimidating, hostile, or offensive work environment.
(b)

Implementation of recommendations by Bureau
(1)

In general
Not later than 90 days after the date of enactment of this Act, the Bureau shall fully implement each recommendation in the report released by the Inspector General in 2023 titled “Evaluation of the Federal Bureau of Prisons’ Efforts to Address Sexual Harassment and Sexual Assault Committed by Inmates Toward Staff”.
(2)

Report
If the Bureau has not fully implemented each recommendation referenced in paragraph (1) by the deadline under that paragraph, the Bureau shall submit a report to Congress by that deadline that includes an explanation of the failure to fully implement each recommendation and a detailed timeline for full implementation.
(c)

Data analysis by Inspector General
(1)

In general
Not later than 1 year after the date as of which the Bureau has fully implemented each recommendation referenced in subsection (b)(1)—
(A)
the Inspector General shall request from the Bureau, and the Bureau shall provide, updated data on the number and prevalence of sexual harassment and sexual assault incidents perpetrated by incarcerated individuals against a correctional officer or other employee of the Bureau during fiscal years 2022 through 2025;
(B)
the Inspector General shall conduct an analysis of the data described in subparagraph (A); and
(C)
the Inspector General shall provide Congress and the Attorney General with the analysis conducted under subparagraph (B) and any additional recommendations, including analysis of whether the Bureau has taken sufficient steps to identify the prevalence and scope of sexual harassment and sexual assault incidents perpetrated by incarcerated individuals against a correctional officer or other employee of the Bureau and to mitigate such incidents.
(2)

Analysis of punishments
The analysis required under paragraph (1)(C) shall include an analysis of punishments for sexual harassment and sexual assault as of the date of enactment of this Act in facilities controlled by the Bureau of Prisons, including data on the use of such punishments during the 5-year period preceding the date of enactment of this Act.
(d)

Rulemaking by Attorney General
Not later than 1 year after receiving the analysis under subsection (c), the Attorney General shall promulgate a rule adopting national standards for prevention, reduction, and punishment of sexual harassment and sexual assault perpetrated by an incarcerated individual against a correctional officer or other employee of the Bureau.
Passed the Senate December 19 (legislative day, December 16), 2024.
Secretary