[Congressional Record Volume 170, Number 189 (Thursday, December 19, 2024)]
[Senate]
[Pages S7222-S7223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PRISON STAFF SAFETY ENHANCEMENT ACT
Mr. BENNET. Mr. President, as if in legislative session, I ask
unanimous consent that the Committee on the Judiciary be discharged
from further consideration of S. 5062 and the Senate proceed to its
immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 5062) to address sexual harassment and sexual
assault of Bureau of Prisons staff in prisons, and for other
purposes.
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Mr. BENNET. I ask unanimous consent that the Blackburn-Ossoff
substitute amendment at the desk be considered and agreed to; that the
bill, as amended, be considered read a third time and passed; and that
the motion to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3349), in the nature of a substitute, was agreed
to, as follows: 90[S19DE4-352](Purpose:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.20 THIS ACT MAY BE CITED AS THE
``PRISON STAFF SAFETY ENHANCEMENT
ACT''.I90[S19DE4-354]SEC. 2. FI
SEC. 2. FINDINGS.-
Congress finds the following:I22 (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'').I22 (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.I22 (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.I22 (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.22 (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.I90[S19DE4-355]SEC. 3. AD
SEC. 3. ADDRESSING SEXUAL HARASSMENT AND SEXUAL ASSAULT OF
BUREAU OF PRISONS STAFF.20 (A) DEFINITIONS.--
IN THIS SECTION:22 (1) BUREAU.--THE TERM
``BUREAU'' MEANS THE BUREAU OF PRISONS.I22 (2)
CORRECTIONAL OFFICER.--THE TERM ``CORRECTIONAL
OFFICER'' HAS THE MEANING GIVEN THE TERM IN
SECTION 4051 OF TITLE 18, UNITED STATES
CODE.I22 (3) INSPECTOR GENERAL.--THE TERM
``INSPECTOR GENERAL'' MEANS THE INSPECTOR
GENERAL OF THE DEPARTMENT OF JUSTICE.22 (4)
INCARCERATED INDIVIDUAL.--THE TERM
``INCARCERATED INDIVIDUAL'' HAS THE MEANING
GIVEN THE TERM ``PRISONER'' IN SECTION 4051 OF
TITLE 18, UNITED STATES CODE.I22 (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.I22
(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.20 (B) IMPLEMENTATION OF
RECOMMENDATIONS BY BUREAU.--I22 (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''.22 (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.I20 (C) DATA ANALYSIS BY
INSPECTOR GENERAL.--22 (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;I24 (B) the Inspector General
shall conduct an analysis of the data described in
subparagraph (A); andI24 (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.I22 (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
[[Page S7223]]
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.I20 (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.
The bill (S. 5062), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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