[Congressional Record Volume 170, Number 189 (Thursday, December 19, 2024)]
[Senate]
[Pages S7244-S7245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3349. Mr. BENNET (for Mrs. Blackburn (for herself and Mr. Ossoff))
proposed an amendment to the bill S. 5062, to address sexual harassment
and sexual assault of Bureau of Prisons staff in prisons, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Staff Safety
Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2023, the Office of the Inspector General of the
Department of Justice released a report titled ``Evaluation
of the Federal Bureau of Prisons' Efforts to Address Sexual
Harassment and Sexual Assault Committed by Inmates Toward
Staff'' (in this section referred to as the ``Inspector
General report'').
(2) The Inspector General report examined all sanctioned
inmate sexual incidents in the Bureau of Prisons (in this
section referred to as the ``Bureau'') between fiscal years
2015 and 2021, and found that inmate-on-staff sexual
harassment and sexual assault is widespread.
(3) The Inspector General report further found that the
Bureau does not collect adequate data on inmate-on-staff
sexual harassment and sexual assault and that, because of the
Bureau's inadequate data, the Bureau has not been able to
identify the full scope of inmate-on-staff sexual harassment
and sexual assault.
(4) The Inspector General report further found that the
Bureau does not have systems to evaluate the effectiveness of
the Bureau's strategies to mitigate inmate-on-staff sexual
harassment and sexual assault.
(5) The Inspector General report made recommendations to
the Bureau to address the failures in the Bureau's data
collection and mitigation efforts, but the Bureau has not
implemented these recommendations.
SEC. 3. ADDRESSING SEXUAL HARASSMENT AND SEXUAL ASSAULT OF
BUREAU OF PRISONS STAFF.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Prisons.
(2) Correctional officer.--The term ``correctional
officer'' has the meaning given the term in section 4051 of
title 18, United States Code.
(3) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Justice.
(4) Incarcerated individual.--The term ``incarcerated
individual'' has the meaning given the term ``prisoner'' in
section 4051 of title 18, United States Code.
(5) Sexual assault.--The term ``sexual assault'' means an
act described in subsection (b), (c), or (d) of section 920
of title 10, United States Code.
(6) Sexual harassment.--The term ``sexual harassment''
means unwelcome sexual advances, requests for sexual favors,
or other verbal or physical conduct of a sexual nature that
explicitly or implicitly affect an individual's employment,
unreasonably interfere with an individual's work performance,
or create an intimidating, hostile, or offensive work
environment.
(b) Implementation of Recommendations by Bureau.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Bureau shall fully implement each
recommendation in the report released by the Inspector
General in 2023 titled ``Evaluation of the Federal Bureau of
Prisons' Efforts to Address Sexual Harassment and Sexual
Assault Committed by Inmates Toward Staff''.
(2) Report.--If the Bureau has not fully implemented each
recommendation referenced in paragraph (1) by the deadline
under that paragraph, the Bureau shall submit a report to
Congress by that deadline
[[Page S7245]]
that includes an explanation of the failure to fully
implement each recommendation and a detailed timeline for
full implementation.
(c) Data Analysis by Inspector General.--
(1) In general.--Not later than 1 year after the date as of
which the Bureau has fully implemented each recommendation
referenced in subsection (b)(1)--
(A) the Inspector General shall request from the Bureau,
and the Bureau shall provide, updated data on the number and
prevalence of sexual harassment and sexual assault incidents
perpetrated by incarcerated individuals against a
correctional officer or other employee of the Bureau during
fiscal years 2022 through 2025;
(B) the Inspector General shall conduct an analysis of the
data described in subparagraph (A); and
(C) the Inspector General shall provide Congress and the
Attorney General with the analysis conducted under
subparagraph (B) and any additional recommendations,
including analysis of whether the Bureau has taken sufficient
steps to identify the prevalence and scope of sexual
harassment and sexual assault incidents perpetrated by
incarcerated individuals against a correctional officer or
other employee of the Bureau and to mitigate such incidents.
(2) Analysis of punishments.--The analysis required under
paragraph (1)(C) shall include an analysis of punishments for
sexual harassment and sexual assault as of the date of
enactment of this Act in facilities controlled by the Bureau
of Prisons, including data on the use of such punishments
during the 5-year period preceding the date of enactment of
this Act.
(d) Rulemaking by Attorney General.--Not later than 1 year
after receiving the analysis under subsection (c), the
Attorney General shall promulgate a rule adopting national
standards for prevention, reduction, and punishment of sexual
harassment and sexual assault perpetrated by an incarcerated
individual against a correctional officer or other employee
of the Bureau.
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