[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
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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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