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