[Congressional Record Volume 170, Number 88 (Tuesday, May 21, 2024)]
[House]
[Pages H3369-H3374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FEDERAL PRISON OVERSIGHT ACT

  Ms. MACE. Madam Speaker, I move to suspend the rules and pass the 
bill

[[Page H3370]]

(H.R. 3019) to establish an inspections regime for the Bureau of 
Prisons, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3019

       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).

[[Page H3371]]

       ``(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.--

[[Page H3372]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
South Carolina (Ms. Mace) and the gentleman from Maryland (Mr. Raskin) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from South Carolina.


                             General Leave

  Ms. MACE. Madam Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from South Carolina?
  There was no objection.
  Ms. MACE. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today in support of H.R. 3019.
  The Federal Bureau of Prisons operates 122 facilities nationwide. 
Conducting meaningful oversight with an organization of this size can 
be challenging. The Department of Justice Office of the Inspector 
General handles criminal complaints on behalf of incarcerated people 
and bureau staff.
  However, this office is overwhelmed with noncriminal incarcerated 
people, their friends and family, and the Bureau of Prison staff. 
Examples of common complaints include poor prison conditions and civil 
rights violations.
  While these complaints often do not rise to the level of criminal 
misconduct, they are still very important and warrant investigation to 
determine if reforms are actually necessary.
  The Federal Prison Oversight Act addresses this issue by ensuring 
that incarcerated people, their families, and bureau staff have a 
reliable mechanism to file their complaints.
  First, the bill requires the Office of the Inspector General to 
conduct inspections of Bureau of Prisons facilities and provide 
recommendations to address each facilities' shortcomings.

                              {time}  1600

  The Office of the Inspector General will assign each facility a risk 
score. Higher risk facilities will receive more frequent inspections.
  Additionally, the bill creates an independent ombudsman within the 
Department of Justice to investigate issues that impact the health and 
safety of incarcerated individuals and staff. The ombudsman can 
initiate an investigation after receiving a complaint from an 
incarcerated person, their family, Bureau of Prisons staff, or others. 
If the investigation of these complaints finds significant harm, the 
ombudsman must report their findings to the Attorney General and 
Congress.
  This bill will ensure that both the inspector general and the 
ombudsman will have access to all the Bureau-operated facilities and 
are authorized to conduct unannounced inspection visits. The bill 
encourages the Bureau to fund these investigations with between 0.2 and 
0.5 percent of their annual appropriations.
  The bill is endorsed by the Council of Prison Locals, representing 
nearly 30,000 correctional officers, along with public safety and civil 
rights organizations.
  I thank Senators Jon Ossoff, Mike Braun, and Richard Durbin for their 
work drafting this bill. I thank Representatives Lucy McBath and Kelly 
Armstrong for introducing this bill in the House.
  Madam Speaker, I reserve the balance of my time.
  Mr. RASKIN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in favor of the Federal Prison Oversight Act, 
which would strengthen oversight of our prisons and improve conditions 
for the people who work and live inside them.
  I thank the bill's House leaders, my friends and colleagues 
Representatives Lucy McBath and Kelly Armstrong, as well as Senators 
Jon Ossoff and Mike Braun and Senate Majority Whip Richard Durbin, for 
their strong bipartisan work on this legislation.
  The bill has the support of a wide array of groups across the 
spectrum, including the American Civil Liberties Union, Americans for 
Prosperity, the Conservative Political Action Committee, Families 
Against Mandatory Minimums, Justice Action Network, Right on Crime, the 
Due Process Institute, and the Council of Prison Locals, which 
represents 30,000 correctional officers.
  Federal prisons have long experienced systemic problems that threaten 
the health, safety, and civil rights of incarcerated people and also 
the staff who work there. For example, last year, NPR reported that 
more than 4,950 incarcerated people had died in facilities operated by 
the Federal Bureau of Prisons in the last 10 years. Many of the 
incarcerated either experienced delayed care or postponed care for 
serious medical problems.
  This February, the DOJ inspector general issued a scathing report on

[[Page H3373]]

BOP prisons, which found that systemic policy violations and 
operational failures contributed significantly to the problem of inmate 
suicide.
  Bureau of Prisons facilities are responsible for more than 158,000 
incarcerated people and more than 34,000 correctional officers and 
staff. As documented by GAO in our hearings, BOP has consistently 
struggled with the problem of staffing shortages. According to the 
Council of Prison Locals, BOP has lost 20 percent of its employees 
since 2016 and only employs around 13,000 correctional staff officers 
today, despite receiving appropriations to fund more than 20,000.
  As of 2023, staffing levels for healthcare workers at BOP facilities 
were only 69 percent, and nearly 20 percent of the facilities do not 
have a healthcare program onsite to provide even routine and 
preventative healthcare. Staffing shortages have contributed to often 
disturbing and, at times, fatal delays in rendering healthcare services 
for the incarcerated.
  GAO has also reported on BOP challenges in upholding its 
responsibilities to help inmates prepare for a successful release and 
reintegration, including implementation of important requirements of 
the First Step Act of 2018 to lower the risk of recidivism.
  Additionally, BOP has systemically struggled to make prudent use of 
resources due to a failure to effectively monitor and evaluate its 
programs. Taken together, these challenges led GAO to add the 
management of the prison system to its 2023 high-risk list, indicating 
the severity and magnitude of these problems.
  H.R. 3019 would take important steps to address these concerns by 
requiring the Department of Justice Office of Inspector General to 
periodically inspect, evaluate, and report on policies, procedures, and 
activities at BOP prisons, with higher risk facilities required to 
undergo even more frequent inspection.
  Such inspections may include reviews of inmate confinement 
conditions; working conditions and staffing capabilities; policies and 
procedures related to housing, confinement, and other restrictive 
housing; healthcare programs and services; and complaints of violence 
and abuse made against incarcerated people and staff.
  The bill would also establish an ombudsman within DOJ that would be 
charged with receiving such complaints that go to problems threatening 
the health, safety, welfare, and rights of incarcerated people and 
staff.
  Institutionalized misconduct, mismanagement, abuse, and negligence 
have no place in the Federal Government, especially in operations 
dealing with vulnerable people who are most in need of a pathway back 
to personal health and responsibility and to society.
  To make our communities safer, uphold our values, and reduce 
recidivism, it is imperative that we bring increased transparency, 
accountability, and humanity to our prisons. The Federal Prison 
Oversight Act is an important step forward on these goals, and I urge 
my colleagues to support the bill today.
  Madam Speaker, I reserve the balance of my time.
  Ms. MACE. Madam Speaker, I reserve the balance of my time.
  Mr. RASKIN. Madam Speaker, I yield 4 minutes to the gentlewoman from 
Georgia (Mrs. McBath), the author of the legislation and a real leader 
on criminal justice reform.
  Mrs. McBATH. Madam Speaker, it is an honor to be the lead sponsor of 
H.R. 3019, the Federal Prison Oversight Act. I am proud to rise in 
support of this bipartisan legislation today.
  My son, Jordan Davis, was killed when he was 17 years old by a man 
who is now serving a life sentence in prison. Through my family's pain, 
I have found the strength, believe it or not, to actually forgive my 
son's killer.
  I introduced this bill after I heard from families and advocates 
about alarming corruption, misconduct, and a lack of oversight in this 
country's prison systems that has led to tragedy and loss for far too 
many families across this Nation.
  As legislators here in Congress, we have the power to lead policies 
that help to restore trust and transparency within these systems. I 
introduced the Federal Prison Oversight Act out of the belief that 
everyone deserves to be treated humanely and with respect. My bill will 
establish a Federal framework for comprehensive risk-based inspections 
of Federal prisons to identify areas of improvement.
  High-risk work is not something to be taken lightly. For the brave 
men and women working within our prison system, this is their daily 
routine. They protect and care for others while risking their lives 
because they believe in the power of rehabilitation.
  As their elected officials, we have the duty to make sure the roofs 
over their heads will not cave in on them. We have a duty to make sure 
that their systems are updated and that there are medical services and 
mental health resources necessary to protect themselves, incarcerated 
individuals, and everyone who may live near these facilities.
  Our prison system should be one that rehabilitates Americans whenever 
possible, providing for long and healthy lives. The steps outlined in 
our bill will help to improve recidivism rates and make sure that our 
prisons are held accountable while implementing evidence-based 
programs.
  I have had the opportunity to speak with the new Federal Director for 
the Bureau of Prisons. She has been in my office. I have had good, 
healthy conversations with her.
  Passing this bill, I truly believe, is a first step in the right 
direction to protecting the rights of the administrators, the staff, 
and those who are actually serving their time.
  I thank Representative Armstrong here in the House, as well as 
Senator Ossoff in the Senate. I thank Chair Comer and Ranking Member 
Raskin for moving this bill through committee, and I thank all the 
committee members who saw the importance and the value of this bill and 
the value of trying to rehabilitate individuals who can be 
rehabilitated and reintroduced again into society to be successful 
human beings.
  Madam Speaker, I urge all of my colleagues to vote for this bill.
  Ms. MACE. Madam Speaker, I reserve the balance of my time.
  Mr. RASKIN. Madam Speaker, I thank Mrs. McBath for her magnificent 
leadership on this and her commitment to creating decent conditions in 
our prisons. I thank her for the beautiful example of her commitment 
based on her love of Jordan and her whole family and community.
  Madam Speaker, I urge all colleagues on both sides of the aisle to 
support this very fine legislation, and I yield back the balance of my 
time.
  Ms. MACE. Madam Speaker, I yield myself the balance of my time.
  Madam Speaker, I thank Congresswoman McBath and Congressman Armstrong 
for this bill.
  I thank my colleague, Congressman Raskin, for bringing up how we 
should be reducing the rate of recidivism in this country with 
different policies and that we can work together.
  He mentioned the First Step Act, also. I was glad that he mentioned 
it. It was a bill that inspired me a couple of years ago. When I was a 
State lawmaker, Donald Trump signed the First Step Act into law in 
December 2018.
  This was a bipartisan bill. It was done in such a significant way, 
but when I learned about President Trump signing the First Step Act 
into law in December 2018, I was sifting through the bill, and this is 
where I got my start in criminal justice reform. There was a provision 
in there that would ban the shackling of women during birth. This was 
actually a thing that was going on in our prison system.
  I saw this because I am a woman and very passionate, like my 
colleague across the aisle, about women's issues. I looked at the State 
of South Carolina and learned that we didn't have this codified into 
law, that women in our State penitentiary system, our State system, 
could still be, and in some cases were, shackled while they were 
actually giving birth.
  That inspired me to do a bill that was signed into law by my 
Governor, Henry McMaster, in May 2020. It banned the shackling of women 
in our system in South Carolina and allowed these infants, these 
babies, to have skin-to-skin contact with their mothers after they were 
born. It allowed women to have their children visit them once a week in 
prison. It allowed them to have feminine hygiene products accessible to 
them.
  I really applaud my colleagues on both sides of the aisle for working 
together because we know that when we

[[Page H3374]]

give people opportunities after prison--jobs, therapy, intense therapy, 
job training, and careers afterward--they don't want to go back to 
prison. They don't want to go back to jail.
  This body, this Chamber, has a long history of working together to 
reduce the rate of recidivism. I urge my colleagues to support this 
bipartisan bill to increase transparency in the Federal prison system 
and provide much-needed recourse for incarcerated persons experiencing 
abuse. Nobody wants that to happen.
  Madam Speaker, I encourage colleagues on both sides of the aisle to 
support this very necessary legislation, and I yield back the balance 
of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from South Carolina (Ms. Mace) that the House suspend the 
rules and pass the bill, H.R. 3019, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. MACE. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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