,,ii #aahth ,,congress #ast ,session ,s4 #adja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #b1 #bjbc,mr4 ,ossoff 7for himself1 ,mr4 ,braun1 and ,mr4 ,durbin7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish an inspections regime for the ,bureau of ,prisons1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,prison ,oversight ,act4 #b4 ,creation of an inspections regime for the ,bureau of ,prisons 7a7 ,in general ,section #dac of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,inspections regime 7#a7 ,definitions ,in this subsection3 7,a7 ,bureau ,the term ,bureau means the ,bureau of ,prisons4 7,b7 ,covered facility ,the term covered facility-- 7i7 means a correctional facility operated by the ,bureau2 and 7ii7 does not include a ,state1 local1 ,tribal1 or territorial facility4 7,c7 ,family member ,the term family member includes a grandparent1 parent1 sibling1 spouse or domestic partner1 child1 aunt1 uncle1 cousin1 niece1 nephew1 grandchild1 or any other person related to an individual by blood1 adoption1 marriage1 civil union1 or a romantic or fostering relationship4 7,d7 ,inspector ,general ,the term ,inspector ,general means the ,inspector ,general of the ,department of ,justice4 7,e7 ,ombudsman ,the term ,ombudsman means the ,ombudsman established under paragraph 7#c77;,a74 7,f7 ,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 person4 7,g7 ,sexual abuse ,the term sexual abuse has the meaning given that term in section #aae4f of title #bh1 ,code of ,federal ,regulations 7or any successor thereto74 7,h7 ,staff ,the term staff means employees and contractors of the ,bureau4 7#b7 ,inspections of covered facilities by the ,inspector ,general 7,a7 ,establishment of inspections regime 7i7 ,in general ,the ,inspector ,general shall conduct periodic inspections of covered facilities pursuant to the requirements of this subsection4 7ii7 ,access to covered facilities ,the ,attorney ,general shall ensure that the ,inspector ,general has access to any covered facility1 including the incarcerated people1 detainees1 staff1 bargaining unit representative organization1 and any other information that the ,inspector ,general determines is necessary to carry out the provisions of this subsection4 7iii7 ,notice of inspections ,an inspection of a covered facility under this subsection may be announced or unannounced4 7iv7 ,community input ,in developing the inspections regime under this subsection1 the ,inspector ,general is encouraged to consult formerly incarcerated people1 family or representatives of incarcerated people1 and community advocates4 7,b7 ,inspection criteria ,an inspection of a covered facility under this subsection may include an assessment of the following3 7i7 ,the policies1 procedures1 and administrative guidance of the facility4 7ii7 ,the conditions of confinement4 7iii7 ,working conditions for staff4 7iv7 ,the availability of evidence-based recidivism reduction programs and productive activities1 as such terms are defined in section #cfce of title #ah1 and the application of earned time credits pursuant to section #cfcb of title #ah4 7v7 ,the policies and procedures relating to visitation4 7vi7 ,the policies and practices relating to classification and housing4 7vii7 ,the policies and practices relating to the use of single-cell confinement1 administrative segregation1 and other forms of restrictive housing4 7viii7 ,the medical facilities and medical and mental health care1 programs1 procedures1 and policies1 including the number and qualifications of medical and mental health staff and the availability of gender-appropriate and trauma-responsive care for incarcerated people4 7ix7 ,medical services and mental health resources for staff4 7x7 ,lockdowns at the facility4 7xi7 ,credible allegations of incidents involving excessive use of force1 completed1 attempted1 or threatened violence1 including sexual abuse1 or misconduct committed against incarcerated people4 7xii7 ,credible allegations of incidents involving completed1 attempted1 or threatened violence1 including sexual violence or sexual abuse1 committed against staff4 7xiii7 ,adequacy of staffing at the covered facility1 including the number and job assignments of staff1 the ratio of staff to inmates at the facility1 the staff position vacancy rate at the facility1 and the use of overtime1 mandatory overtime1 and augmentation4 7xiv7 ,deaths or serious injuries of incarcerated people or staff that occurred at the facility4 7xv7 ,the existence of contraband that jeopardizes the health or safety of incarcerated people or staff1 including incident reports1 referrals for criminal prosecution1 and confirmed prosecutions4 7xvi7 ,access of incarcerated people to-- 7,i7 legal counsel1 including confidential meetings and communications2 7,,ii7 discovery and other case-related legal materials2 and 7,,iii7 the law library at the covered facility4 7xvii7 ,any aspect of the operation of the covered facility that the ,inspector ,general determines to be necessary over the course of an inspection4 7,c7 ,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 7,e7 and the following considerations3 7i7 ,higher risk facilities shall receive more frequent inspections4 7ii7 ,the ,inspector ,general shall reevaluate the combined risk score methodology and inspection schedule periodically and may alter #a or both to ensure that higher risk facilities are identified and receiving the appropriate frequency of inspection4 7iii7 ,a determination by the ,inspector ,general that #a or more of the criteria listed in subparagraph 7,b7 should be inspected1 with regard to a covered facility or group of covered facilities4 7,d7 ,report 7i7 ,in general ,upon completion of an inspection of a covered facility under this subsection1 or a group of inspections that assess the same or similar issues at more than #a facility1 the ,inspector ,general shall produce a report to be made available to the ,attorney ,general1 the ,committee on the ,judiciary of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 employee representative organizations1 and the public1 that addresses #a or more of the following topics3 7,i7 ,a characterization of the conditions of confinement and working conditions1 including a summary of the inspection criteria reviewed under clauses 7ii7 and 7iii7 of subparagraph 7,b74 7,,ii7 ,recommendations made to the covered facility to improve safety and conditions within the facility1 including recommendations regarding staffing4 7,,iii7 ,a recommended timeline for the next inspection and assessment1 which shall not limit the authority of the ,inspector ,general to perform additional inspections and assessments1 announced or unannounced4 7,,iv7 ,any other issues or matters identified during the inspection of the facility or facilities4 7ii7 ,consultation with stakeholders ,in developing the recommendations described in clause 7i71 the ,inspector ,general may consult with stakeholders1 including employee representative organizations4 7,e7 ,risk score ,not later than #ah months after the date of enactment of the ,federal ,prison ,oversight ,act1 the ,inspector ,general shall establish methodology and protocols for determining the combined risk score of a covered facility1 which-- 7i7 shall be delivered to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives2 and 7ii7 may be based on-- 7,i7 frequency and duration of lockdowns2 7,,ii7 availability of programming2 7,,iii7 staffing levels2 7,,iv7 access to adequate physical and mental health resources2 7,v7 incidences of physical assault1 neglect1 or sexual abuse2 7,,vi7 opportunity to maintain family ties through phone calls1 video calls1 mail1 email1 and visitation2 7,,vii7 adequacy of the nutrition provided2 7,,viii7 amount or frequency of staff discipline cases2 7,,ix7 amount or frequency of misconduct by people incarcerated at the covered facility2 7,x7 access of incarcerated people to-- 7aa7 legal counsel1 including confidential meetings and communications2 7bb7 discovery and other case-related legal materials2 and 7cc7 the law library at the covered facility2 and 7,,xi7 other factors as determined by the ,inspector ,general4 7,f7 ,bureau response to report 7i7 ,in general ,not later than #fj days after the date on which the ,inspector ,general issues a report under subparagraph 7,d71 the ,bureau shall respond in writing to the inspection report1 which shall include a corrective action plan4 7ii7 ,public availability ,each response and action plan described in clause 7i7 shall be made available to the public on the website of the ,inspector ,general4 7iii7 ,compliance with corrective action plan ,the ,inspector ,general may conduct additional inspections or investigations1 announced or unannounced1 to monitor the compliance of the ,bureau with a corrective action plan described in clause 7i74 7,g7 ,rule of construction ,the authority in this paragraph is consistent with and does not supersede1 conflict with1 or otherwise alter the authority provided to the ,inspector ,general under section #djf4 7#c7 ,ombudsman 7,a7 ,in general ,not later than #a year after the date of enactment of the ,federal ,prison ,oversight ,act1 the ,attorney ,general shall establish in the ,department of ,justice an ,ombudsman who may-- 7i7 receive a complaint from an incarcerated person1 a family member1 a representative of an incarcerated person1 staff1 or others regarding issues that may adversely affect the health1 safety1 welfare1 or rights of incarcerated people or staff1 including-- 7,i7 abuse or neglect2 7,,ii7 the conditions of confinement1 including the availability of health care2 7,,iii7 working conditions of staff2 7,,iv7 decisions1 administrative actions1 or guidance of the ,bureau1 including those relating to prison staffing2 7,v7 inaction or omissions by the ,bureau1 including failure to consider or respond to complaints or grievances by incarcerated people or staff promptly or appropriately2 7,,vi7 policies1 rules1 or procedures of the ,bureau1 including gross mismanagement2 and 7,,vii7 alleged violations of non-criminal law by staff or incarcerated people that may adversely affect the health1 safety1 welfare1 or rights of any person2 7ii7 refer a complainant and others to appropriate resources or ,federal agencies2 7iii7 make inquiries and recommend actions to appropriate entities on behalf of a complainant1 the ,ombudsman1 or others2 and 7iv7 decline to investigate or take any action with respect to any complaint and1 in any case in which the ,ombudsman declines to investigate or take any action1 shall notify the complainant in writing of the decision not to investigate or take any action and the reasons for the decision4 7,b7 ,limitations on authority ,the ,ombudsman-- 7i7 may not investigate-- 7,i7 any complaints relating to the underlying criminal conviction of an incarcerated person2 7,,ii7 a complaint from staff that relates to the employment or contractual relationship of the staff member with the ,bureau1 unless the complaint is related to the health1 safety1 welfare1 working conditions1 gross mismanagement of a covered facility1 or rehabilitation of incarcerated people2 or 7,,iii7 any allegation of criminal or administrative misconduct1 as described in subsection 7b77#b71 and shall refer any matter covered by subsection 7b77#b7 to the ,inspector ,general1 who may1 at the discretion of ,inspector ,general1 refer such allegations back to the ,ombudsman or the internal affairs office of the appropriate component of the ,department of ,justice2 and 7ii7 may not levy any fees for the submission or investigation of complaints4 7,c7 ,decision on the merits of a complaint ,at the conclusion of an investigation of a complaint1 the ,ombudsman shall-- 7i7 render a decision on the merits of each complaint2 7ii7 communicate the decision to the complainant1 if any1 and to the ,bureau2 and 7iii7 state the recommendations and reasoning of the ,ombudsman if1 in the opinion of the ,ombudsman1 the ,bureau or any employee thereof should-- 7,i7 consider the matter further2 7,,ii7 modify or cancel any action2 7,,iii7 alter a rule1 practice1 or ruling2 7,,iv7 explain in detail the administrative action in question2 or 7,v7 rectify an omission4 7,d7 ,actions following a decision by the ombudsman 7i7 ,request for information about actions taken ,if the ,ombudsman so requests1 the ,bureau shall1 within the time specified1 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 recommendations4 7ii7 ,reporting of continuing issues ,if the ,ombudsman believes1 based on an investigation conducted by the ,ombudsman1 that there has been or continues to be a significant health1 safety1 welfare1 working conditions1 or rehabilitation issue1 the ,ombudsman shall report the finding to the ,attorney ,general1 the ,committee on the ,judiciary of the ,senate1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7iii7 ,monitoring of internal disciplinary actions of the bureau ,in the event that the ,bureau conducts an internal disciplinary investigation or review of #a or more staff members of the ,bureau as a result of an investigation by the ,ombudsman1 the ,ombudsman may monitor the internal disciplinary action to ensure a fair and objective process4 7#d7 ,inspector ,general and ,ombudsman access to ,bureau of ,prisons facilities 7,a7 ,in general ,upon demand1 in person or in writing and with or without prior notice1 the ,inspector ,general and the ,ombudsman shall be granted access to all ,bureau facilities1 which shall include-- 7i7 all areas that are used by incarcerated people1 all areas that are accessible to incarcerated people1 and access to programs for incarcerated people at any time of day2 and 7ii7 the opportunity to-- 7,i7 conduct private and confidential interviews with any incarcerated person1 staff1 employee representative organization1 or other person2 and 7,,ii7 communicate privately and confidentially1 both formally and informally1 with incarcerated people or staff by telephone1 mail1 electronic communication1 and in person1 which shall not be monitored or recorded by or conducted in the presence of staff4 7,b7 ,purpose of visits ,access to ,bureau facilities under subparagraph 7,a7 is for the purposes of-- 7i7 conducting announced or unannounced inspections by the ,inspector ,general as described in paragraph 7#b71 including inspections to monitor the compliance of the ,bureau with a corrective action plan described in paragraph 7#b77;,f77i72 7ii7 conducting an investigation or other activity by the ,ombudsman as described in paragraph 7#c72 and 7iii7 inspecting1 viewing1 photographing1 and video recording all areas of the facility that are used by incarcerated people or are accessible to incarcerated people4 7,c7 ,access to documents 7i7 ,in general ,the ,inspector ,general and the ,ombudsman have the right to access1 inspect1 and copy all relevant information1 records1 or documents in the possession or control of the ,bureau that either the ,inspector ,general or the ,ombudsman considers necessary in an inspection1 investigation1 or other activity1 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 ,bureau4 7ii7 ,production of records ,following notification from the ,inspector ,general or the ,ombudsman with a written demand for access to ,bureau records1 the ,bureau shall provide access to the requested documentation in a manner consistent with section #eeb;a 7commonly known as the ,privacy ,act of #aigd7-- 7,i7 not later than #bj business days after receipt of the written request2 or 7,,ii7 in the case of records pertaining to the death of an incarcerated person or staff1 threats of bodily harm including sexual or physical assaults1 or the denial or delay of necessary medical treatment1 not later than #e business days after receipt of the written request1 unless the ,inspector ,general or the ,ombudsman consents to an extension of that time frame4 7,d7 ,minimize disruption of operations ,the ,inspector ,general and the ,ombudsman shall-- 7i7 develop procedures-- 7,i7 to ensure that the ,inspector ,general has access to1 and the right to review and investigate1 any allegations received by the ,ombudsman to ensure that the ,inspector ,general may carry out the authorities provided to the ,inspector ,general under this chapter2 and 7,,ii7 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 proceeding2 7ii7 work with the ,bureau to minimize disruption to the operations of the ,bureau due to inspections1 investigations1 or other activity2 7iii7 comply with the security clearance processes of the ,bureau1 provided these processes do not impede the activities described in this subsection2 and 7iv7 limit the public release of any photographs or video recordings that would jeopardize-- 7,i7 the safety1 security1 or good order of a covered facility or the ,bureau2 or 7,,ii7 public safety4 7,e7 ,rule of construction ,the authority in this paragraph is consistent with and does not supersede1 conflict with1 or otherwise alter the authority provided to the ,inspector ,general under section #djf4 7#e7 ,confidentiality 7,a7 ,in general ,correspondence and communication with the ,inspector ,general and the ,ombudsman1 including communication regarding an issue described in section #djea of title #ah is confidential and shall be protected as privileged correspondence in the same manner as legal correspondence or communications4 7,b7 ,procedures ,subject to subparagraph 7,c71 the ,inspector ,general and the ,ombudsman shall establish confidentiality procedures for all information maintained by the respective office to ensure that1 to the greatest extent practicable1 before1 during1 or after an investigation-- 7i7 staff are not aware of the identity of a complainant2 and 7ii7 other incarcerated people are not aware of the identity of a complainant4 7,c7 ,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 #djg7;b74 7#f7 ,filing complaints 7,a7 ,filing complaints on behalf of an incarcerated individual 7i7 ,online form ,the ,ombudsman shall create a secure online form to be made available on the website of the ,ombudsman where the family members1 friends1 and representatives of incarcerated people can submit complaints and inquiries on issues identified in paragraph 7#c77;,a77i7 on behalf of an individual incarcerated at a covered facility4 7ii7 ,telephone hotline ,the ,ombudsman shall create a telephone hotline through which family members1 friends1 and representatives of incarcerated people can call to file complaints and inquiries on issues identified in paragraph 7#c77;,a77i7 on behalf of an individual incarcerated at a covered facility4 7,b7 ,filing complaints by an incarcerated individual 7i7 ,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 7#c77;,a77i74 7ii7 ,submission via independent entity ,the ,bureau shall also provide not less than #a process for incarcerated individuals in covered facilities to submit complaints and inquiries on issues identified in paragraph 7#c77;,a77i7 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 ,ombudsman1 allowing the incarcerated individual to remain anonymous upon request4 7,c7 ,determination 7i7 ,confirmation of receipt ,not later than #e business days after submission of a complaint or inquiry under subparagraph 7,a7 or 7,b71 the ,ombudsman shall confirm receipt4 7ii7 ,determination ,not later than #ae business days after issuing the confirmation under clause 7i71 the ,ombudsman shall make a determination as to whether any action is warranted and notify the complainant of the determination4 7iii7 ,statement regarding decision ,if the ,ombudsman has determined action is unwarranted under clause 7ii71 the ,ombudsman shall provide a written statement explaining the decision to the complainant4 7,d7 ,public education ,the ,ombudsman shall coordinate with the ,bureau to educate incarcerated people1 representatives of incarcerated people1 and the public about the existence and functions of the ,ombudsman4 7,e7 ,administrative exhaustion ,nothing in this paragraph shall be construed as a necessary administrative remedy required for exhaustion under section #g7;a7 of the ,civil ,rights of ,institutionalized ,persons ,act 7#db ,u4,s4,c4 #aiig;e7a774 7#g7 ,prohibition on retaliation 7,a7 ,in general ,the ,bureau and staff of the ,bureau shall not discharge1 retaliate against1 or in any manner discriminate against any complainant or any person or entity that has instituted or caused to be instituted any proceeding1 investigation1 or inspection under or related to this subsection4 7,b7 ,investigation ,any alleged discharge of1 retaliation against1 or discrimination against a complainant1 entity1 or person because of a complaint1 investigation1 or inspection may be considered by the ,ombudsman as an appropriate subject of an investigation or other activity4 7#h7 ,due process protections 7,a7 ,in general ,the ,attorney ,general and the ,inspector ,general shall ensure that implementation of this subsection is consistent with section #eeb;a 7commonly known as the ,privacy ,act of #aigd7 and all other applicable laws1 and respects appropriate due process protections for staff4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to modify1 supersede1 or otherwise affect the authority of the ,inspector ,general to access all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other materials1 as authorized by section #djf7;a74 7#i7 ,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 #j4b percent and #j4e percent of the annual appropriation for the ,bureau4 4 7b7 ,effective ,date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #ij 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 ,act4