[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1096-S1097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4399. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
TITLE__SEX OFFENDER SECURITY CLASSIFICATION INTEGRITY ACT OF 2026
SEC. __01. SHORT TITLE.
This title may be cited as the ``Sex Offender Security
Classification Integrity Act of 2026''.
SEC. __02. DEFINITIONS.
In this title:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Prisons.
(2) Low security facility.--The term ``low security
facility'' means a Federal correctional institution or other
institution of the Bureau classified by the Bureau as low
security with a secure perimeter and increased staff to
inmate ratio compared to a minimum security facility.
(3) Minimum security facility.--The term ``minimum security
facility'' means a Federal prison camp or other institution
of the Bureau classified by the Bureau as minimum security
that permits relatively free inmate movement and, in whole or
in part, access to the community or to activities outside a
secure perimeter.
(4) Public safety factor.--The term ``public safety
factor'' means a classification factor used by the Bureau to
require placement of an inmate in a more secure facility
based on specific offense conduct, criminal history, or other
security related characteristics, including a designation as
a sex offender.
(5) Sex offender.--The term ``sex offender'' means--
(A) a sex offender (as defined in section 111 of the Sex
Offender Registration and Notification Act (34 U.S.C.
20911)); or
(B) any other offender who is subject to a sex offender
public safety factor or equivalent designation under the
inmate custody classification policies of the Bureau.
(6) Sex offense.--The term ``sex offense'' means--
(A) a sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (34 U.S.C.
20911)); or
(B) any other offense which the Bureau has designated a sex
offender public safety factor or equivalent designation under
the inmate custody classification policies of the Bureau.
SEC. __03. FINDINGS.
Congress finds the following:
(1) The Bureau operates facilities at security levels that
include minimum and low security facilities, and uses a
custody classification system that assigns public safety
factors for certain categories of offenders, including sex
offenders.
(2) Under longstanding Bureau policy and practice,
individuals with a sex offender public safety factor are, by
default, ineligible for placement at minimum security
facilities, and are instead required to be housed, at a
minimum, in low security facilities, absent a formal waiver
approved through established procedures.
(3) Ghislaine Maxwell, a close confidant of Jeffrey
Epstein, was convicted in Federal court in 2022 of serious
sex trafficking offenses involving minors and designated as a
[[Page S1097]]
sex offender for purposes of her Bureau classification. She
was originally housed at a low security facility in
Tallahassee, Florida.
(4) In July 2025, Maxwell was transferred from that low
security facility to a minimum security facility in Bryan,
Texas, notwithstanding the Bureau's default policy that
individuals with sex offender public safety factors are not
appropriate for placement in minimum security facilities that
permit inmate access to the community, and ordinarily may be
transferred there only upon the grant of a waiver by Bureau
officials.
(5) Public reporting indicates that Maxwell's transfer
followed meetings over 2 days with the Deputy Attorney
General, Todd Blanche, during which Maxwell provided
information relating to matters under review by the
Department of Justice.
(6) Deputy Attorney General Blanche has publicly defended
Maxwell's transfer to a less restrictive, minimum security
facility.
(7) The apparent deviation from ordinary Bureau policy in
Maxwell's case, and the subsequent public defense of that
deviation by a senior Department of Justice official, raises
serious concerns about whether the security classification
system is being applied consistently, transparently, and
without favoritism.
(8) Congress has a compelling interest in ensuring that
individuals convicted of sex offenses are not assigned to
facilities that are inconsistent with established security
policies, that any exceptions are narrowly justified and
subject to clear oversight, and that the Department of
Justice maintains the confidence of the public and of crime
victims in the even handed administration of Federal criminal
sentences.
SEC. __04. STATUTORY BASELINE SECURITY LEVEL FOR INDIVIDUALS
CONVICTED OF SEX OFFENSES.
(a) Baseline Security Level.--
(1) In general.--Notwithstanding any other provision of
law, regulation, or policy, the Bureau shall designate and
house at a facility that is classified, at a minimum, as a
low security facility any inmate who is a sex offender--
(A) has been convicted of a sex offense in a court of the
United States; or
(B) is subject to a sex offender public safety factor or
equivalent designation under the inmate classification system
of the Bureau.
(2) Prohibition on initial placement at minimum security
facilities.--The Bureau may not initially designate or house
an inmate described in paragraph (1) at a minimum security
facility.
(b) Limited Exceptions.--
(1) Medical or geriatric placement.--The Director of the
Bureau may, on a case by case basis, authorize the placement
of an inmate described in subsection (a)(1) at a minimum
security facility if--
(A) the inmate is assigned to, or is being transferred
solely for placement in, a secure medical center, residential
reentry center, or other specialized unit that is
functionally equivalent to low security confinement in terms
of perimeter security and community access; or
(B) the inmate is of advanced age or has a serious medical
condition, and the Director of the Bureau certifies in
writing that--
(i) the inmate does not pose a significant risk of escape
or danger to the community; and
(ii) no appropriate low security or higher security
placement is reasonably available to meet the inmate's
medical or geriatric needs.
(2) Written justification and notice.--Any exception under
paragraph (1) shall--
(A) be supported by a written determination signed by the
Director of the Bureau that specifically addresses each
criterion in paragraph (1); and
(B) be transmitted, not later than 30 days after the
determination, to--
(i) the Committee on the Judiciary of the Senate; and
(ii) the Committee on the Judiciary of the House of
Representatives.
(3) Recordkeeping.--The Bureau shall maintain, for not less
than 10 years, a record of each exception granted under this
subsection, including the written determination and the name,
register number, offense of conviction, prior security
classification, and facility history of the applicable
inmate.
(c) Transfers.--
(1) Prohibition on down classification to minimum
security.--Except as provided in subsection (b), the Bureau
may not transfer an inmate described in subsection (a)(1)
from a low security facility or a higher security facility to
a minimum security facility.
(2) No adverse effect on upward transfers.--Nothing in this
section shall be construed to prevent the Bureau from
transferring an inmate described in subsection (a)(1) to a
medium or high security facility when warranted by
misconduct, escape risk, or other security concerns.
(d) Rule of Construction.--Nothing in this section shall be
construed to create a liberty interest in any particular
facility, security level, or geographic location, or to limit
the authority of the Bureau to manage inmate populations
consistent with this section and other applicable law.
SEC. __05. TRANSPARENCY AND REPORTING.
(a) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Bureau shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report that includes--
(1) the total number of inmates in Bureau custody during
the preceding fiscal year who were classified as sex
offenders;
(2) the number of such inmates housed, at any point during
that fiscal year, at--
(A) minimum security facilities; and
(B) low, medium, or high security facilities;
(3) the number of written determinations issued under
section __04(b)(1), and a brief, non-identifying description
of the justification for each such determination; and
(4) a description of any changes made during that fiscal
year to Bureau policy or practice regarding security
classifications or public safety factors for sex offenders.
(b) Public Availability.--The Bureau shall make each report
submitted under subsection (a) available to the public on the
website of the Bureau, except that the Bureau may redact
information only to the extent necessary to protect specific
law enforcement sensitive information, the safety of any
individual, or the security of a particular facility.
SEC. __06. REGULATIONS.
Not later than 180 days after the date of enactment of this
Act, the Director of the Bureau shall revise the inmate
security designation and custody classification policies,
program statements, and related regulations of the Bureau to
conform to the requirements of this title, including explicit
incorporation of the statutory baseline security level for
individuals convicted of sex offenses and the limitations on
placement at minimum security facilities set forth in section
__04.
SEC. __07. RETROACTIVE EFFECT.
As soon as is practicable after the date of enactment of
this Act, the Director of the Bureau shall reverse any change
made on or after January 20, 2025, to the housing or
placement of an inmate who is classified as a sex offender
and determine the housing and placement of the inmate in
accordance with this title.
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