[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5062 Engrossed in Senate (ES)]
<DOC>
118th CONGRESS
2d Session
S. 5062
_______________________________________________________________________
AN ACT
To address sexual harassment and sexual assault of Bureau of Prisons
staff in prisons, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prison Staff Safety Enhancement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2023, the Office of the Inspector General of the
Department of Justice released a report titled ``Evaluation of
the Federal Bureau of Prisons' Efforts to Address Sexual
Harassment and Sexual Assault Committed by Inmates Toward
Staff'' (in this section referred to as the ``Inspector General
report'').
(2) The Inspector General report examined all sanctioned
inmate sexual incidents in the Bureau of Prisons (in this
section referred to as the ``Bureau'') between fiscal years
2015 and 2021, and found that inmate-on-staff sexual harassment
and sexual assault is widespread.
(3) The Inspector General report further found that the
Bureau does not collect adequate data on inmate-on-staff sexual
harassment and sexual assault and that, because of the Bureau's
inadequate data, the Bureau has not been able to identify the
full scope of inmate-on-staff sexual harassment and sexual
assault.
(4) The Inspector General report further found that the
Bureau does not have systems to evaluate the effectiveness of
the Bureau's strategies to mitigate inmate-on-staff sexual
harassment and sexual assault.
(5) The Inspector General report made recommendations to
the Bureau to address the failures in the Bureau's data
collection and mitigation efforts, but the Bureau has not
implemented these recommendations.
SEC. 3. ADDRESSING SEXUAL HARASSMENT AND SEXUAL ASSAULT OF BUREAU OF
PRISONS STAFF.
(a) Definitions.--In this section:
(1) Bureau.--The term ``Bureau'' means the Bureau of
Prisons.
(2) Correctional officer.--The term ``correctional
officer'' has the meaning given the term in section 4051 of
title 18, United States Code.
(3) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Justice.
(4) Incarcerated individual.--The term ``incarcerated
individual'' has the meaning given the term ``prisoner'' in
section 4051 of title 18, United States Code.
(5) Sexual assault.--The term ``sexual assault'' means an
act described in subsection (b), (c), or (d) of section 920 of
title 10, United States Code.
(6) Sexual harassment.--The term ``sexual harassment''
means unwelcome sexual advances, requests for sexual favors, or
other verbal or physical conduct of a sexual nature that
explicitly or implicitly affect an individual's employment,
unreasonably interfere with an individual's work performance,
or create an intimidating, hostile, or offensive work
environment.
(b) Implementation of Recommendations by Bureau.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Bureau shall fully implement each
recommendation in the report released by the Inspector General
in 2023 titled ``Evaluation of the Federal Bureau of Prisons'
Efforts to Address Sexual Harassment and Sexual Assault
Committed by Inmates Toward Staff''.
(2) Report.--If the Bureau has not fully implemented each
recommendation referenced in paragraph (1) by the deadline
under that paragraph, the Bureau shall submit a report to
Congress by that deadline that includes an explanation of the
failure to fully implement each recommendation and a detailed
timeline for full implementation.
(c) Data Analysis by Inspector General.--
(1) In general.--Not later than 1 year after the date as of
which the Bureau has fully implemented each recommendation
referenced in subsection (b)(1)--
(A) the Inspector General shall request from the
Bureau, and the Bureau shall provide, updated data on
the number and prevalence of sexual harassment and
sexual assault incidents perpetrated by incarcerated
individuals against a correctional officer or other
employee of the Bureau during fiscal years 2022 through
2025;
(B) the Inspector General shall conduct an analysis
of the data described in subparagraph (A); and
(C) the Inspector General shall provide Congress
and the Attorney General with the analysis conducted
under subparagraph (B) and any additional
recommendations, including analysis of whether the
Bureau has taken sufficient steps to identify the
prevalence and scope of sexual harassment and sexual
assault incidents perpetrated by incarcerated
individuals against a correctional officer or other
employee of the Bureau and to mitigate such incidents.
(2) Analysis of punishments.--The analysis required under
paragraph (1)(C) shall include an analysis of punishments for
sexual harassment and sexual assault as of the date of
enactment of this Act in facilities controlled by the Bureau of
Prisons, including data on the use of such punishments during
the 5-year period preceding the date of enactment of this Act.
(d) Rulemaking by Attorney General.--Not later than 1 year after
receiving the analysis under subsection (c), the Attorney General shall
promulgate a rule adopting national standards for prevention,
reduction, and punishment of sexual harassment and sexual assault
perpetrated by an incarcerated individual against a correctional
officer or other employee of the Bureau.
Passed the Senate December 19 (legislative day, December
16), 2024.
Attest:
Secretary.
118th CONGRESS
2d Session
S. 5062
_______________________________________________________________________
AN ACT
To address sexual harassment and sexual assault of Bureau of Prisons
staff in prisons, and for other purposes.