[118th Congress Public Law 71]
[From the U.S. Government Publishing Office]



[[Page 1491]]

                      FEDERAL PRISON OVERSIGHT ACT

[[Page 138 STAT. 1492]]

Public Law 118-71
118th Congress

                                 An Act


 
 To establish an inspections regime for the Bureau of Prisons, and for 
         other purposes. <<NOTE: July 25, 2024 -  [H.R. 3019]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Prison 
Oversight Act.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> 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).

[[Page 138 STAT. 1493]]

                    ``(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) <<NOTE: Assessment.>> 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-

[[Page 138 STAT. 1494]]

                      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) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Public information. Recommenda-
                      tions.>> 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

[[Page 138 STAT. 1495]]

                      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) <<NOTE: Summary.>> 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) <<NOTE: Timeline. Assessment.>> 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) <<NOTE: Deadline. Protocols. Determination.>> 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.--

[[Page 138 STAT. 1496]]

                          ``(i) <<NOTE: Deadline. Action plan.>> 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) <<NOTE: Web posting.>> 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).
                    ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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

[[Page 138 STAT. 1497]]

                      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) <<NOTE: Notification.>> 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 <<NOTE: Notification.>> 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.

[[Page 138 STAT. 1498]]

                          ``(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) <<NOTE: Confidentiality.>> the 
                                opportunity to--
                                            
                                        ``(aa) <<NOTE: Interviews.>> cond
                                        uct 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) <<NOTE: Records.>> 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

[[Page 138 STAT. 1499]]

                      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) <<NOTE: Deadlines.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Compliance.>> 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.

[[Page 138 STAT. 1500]]

                    ``(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.--
                          ``(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) <<NOTE: Deadlines.>> 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

[[Page 138 STAT. 1501]]

                      under clause (ii), the Ombudsman shall provide a 
                      written statement explaining the decision to the 
                      complainant.
                    ``(D) <<NOTE: Coordination.>> 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) <<NOTE: 5 USC 413 note.>> 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) <<NOTE: Deadline. 18 USC 4041 note.>> 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

[[Page 138 STAT. 1502]]

``FEDERAL PRISON SYSTEM'' in the joint explanatory statement 
accompanying Public Law 117-328.

    Approved July 25, 2024.

LEGISLATIVE HISTORY--H.R. 3019:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 170 (2024):
            May 21, considered and passed House.
            July 10, considered and passed Senate.

                                  <all>