[Congressional Record Volume 162, Number 12 (Thursday, January 21, 2016)]
[Senate]
[Page S161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McConnell (for himself, Mr. Paul, Mr. Booker, and Mr. 
        Lee):
  S. 2459. A bill to require the Director of the Bureau of Prisons to 
be appointed by and with the advice and consent of the Senate; to the 
Committee on the Judiciary.
  Mr. McConnell. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2459

       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 2016''.

     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 $6,900,000,000 for fiscal year 2015.
       (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 
     208,000 Federal inmates.
       (4) The Director of the Bureau of Prisons supervises more 
     than 39,000 employees, many of whom operate in hazardous 
     environments that involve regular interaction with violent 
     offenders.
       (5) The Director of the Bureau of Prisons also serves as 
     the chief operating officer for Federal Prisons Industries, a 
     wholly owned government enterprise of 78 prison factories 
     that directly competes against the private sector, including 
     small businesses, for Government contracts.
       (6) 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 Bureau of Justice Assistance, the Director of 
     the Bureau of Justice Statistics, the Director of the 
     Community Relations Service, the Director of the Federal 
     Bureau of Investigation, the Director of the National 
     Institute of Justice, the Director of the Office for Victims 
     of Crime, 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 Administrator of the Office 
     of Juvenile Justice and Delinquency Prevention, 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.
       (7) 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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