[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 307 Enrolled Bill (ENR)]
S.307
One Hundred Nineteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Saturday,
the third day of January, two thousand and twenty six
An Act
To address sexual harassment and sexual assault of Bureau of Prisons
staff in 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 ``Prison Staff Safety Enhancement
Act''.
SEC. 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.
SEC. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.