II 

118TH CONGRESS 

1ST SESSION S. 1401 

To establish an inspections regime for the Bureau of Prisons, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. OSSOFF (for himself, Mr. BRAUN, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To establish an inspections regime for the Bureau of Prisons, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Prison Over5 sight Act’’. 

6 SEC. 2. CREATION OF AN INSPECTIONS REGIME FOR THE 

7 BUREAU OF PRISONS. 

8 (a) IN GENERAL.—Section 413 of title 5, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘(e) INSPECTIONS REGIME.— 

2 ‘‘(1) DEFINITIONS.—In this subsection: 

3 ‘‘(A) BUREAU.—The term ‘Bureau’ means 

4 the Bureau of Prisons. 

5 ‘‘(B) COVERED FACILITY.—The term ‘cov6 ered facility’— 

7 ‘‘(i) means a correctional facility oper8 ated by the Bureau; and 

9 ‘‘(ii) does not include a State, local, 

10 Tribal, or territorial facility. 

11 ‘‘(C) FAMILY MEMBER.—The term ‘family 

12 member’ includes a grandparent, parent, sib13 ling, spouse or domestic partner, child, aunt, 

14 uncle, cousin, niece, nephew, grandchild, or any 

15 other person related to an individual by blood, 

16 adoption, marriage, civil union, or a romantic 

17 or fostering relationship. 

18 ‘‘(D) INSPECTOR GENERAL.—The term 

19 ‘Inspector General’ means the Inspector Gen20 eral of the Department of Justice. 

21 ‘‘(E) OMBUDSMAN.—The term ‘Ombuds22 man’ means the Ombudsman established under 

23 paragraph (3)(A). 

24 ‘‘(F) REPRESENTATIVE OF AN INCARCER25 ATED PERSON.—The term ‘representative of an 


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1 incarcerated person’ includes paid or unpaid 

2 legal counsel or any other person or entity cho3 sen by an incarcerated person to represent the 

4 interests of the incarcerated person. 

5 ‘‘(G) SEXUAL ABUSE.—The term ‘sexual 

6 abuse’ has the meaning given that term in sec7 tion 115.6 of title 28, Code of Federal Regula8 tions (or any successor thereto). 

9 ‘‘(H) STAFF.—The term ‘staff’ means em10 ployees and contractors of the Bureau. 

11 ‘‘(2) INSPECTIONS OF COVERED FACILITIES BY

12 THE INSPECTOR GENERAL.— 

13 ‘‘(A) ESTABLISHMENT OF INSPECTIONS

14 REGIME.— 

15 ‘‘(i) IN GENERAL.—The Inspector 

16 General shall conduct periodic inspections 

17 of covered facilities pursuant to the re18 quirements of this subsection. 

19 ‘‘(ii) ACCESS TO COVERED FACILI20 TIES.—The Attorney General shall ensure 

21 that the Inspector General has access to 

22 any covered facility, including the incarcer23 ated people, detainees, staff, bargaining 

24 unit representative organization, and any 

25 other information that the Inspector GenVerDate Sep 11 2014 20:50 May 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1401.IS S1401

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1 eral determines is necessary to carry out 

2 the provisions of this subsection. 

3 ‘‘(iii) NOTICE OF INSPECTIONS.—An 

4 inspection of a covered facility under this 

5 subsection may be announced or unan6 nounced. 

7 ‘‘(iv) COMMUNITY INPUT.—In devel8 oping the inspections regime under this 

9 subsection, the Inspector General is en10 couraged to consult formerly incarcerated 

11 people, family or representatives of incar12 cerated people, and community advocates. 

13 ‘‘(B) INSPECTION CRITERIA.—An inspec14 tion of a covered facility under this subsection 

15 may include an assessment of the following: 

16 ‘‘(i) The policies, procedures, and ad17 ministrative guidance of the facility. 

18 ‘‘(ii) The conditions of confinement. 

19 ‘‘(iii) Working conditions for staff. 

20 ‘‘(iv) The availability of evidence21 based recidivism reduction programs and 

22 productive activities, as such terms are de23 fined in section 3635 of title 18, and the 

24 application of earned time credits pursuant 

25 to section 3632 of title 18. 


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1 ‘‘(v) The policies and procedures re2 lating to visitation. 

3 ‘‘(vi) The policies and practices relat4 ing to classification and housing. 

5 ‘‘(vii) The policies and practices relat6 ing to the use of single-cell confinement, 

7 administrative segregation, and other 

8 forms of restrictive housing. 

9 ‘‘(viii) The medical facilities and med10 ical and mental health care, programs, pro11 cedures, and policies, including the number 

12 and qualifications of medical and mental 

13 health staff and the availability of gender14 appropriate and trauma-responsive care for 

15 incarcerated people. 

16 ‘‘(ix) Medical services and mental 

17 health resources for staff. 

18 ‘‘(x) Lockdowns at the facility. 

19 ‘‘(xi) Credible allegations of incidents 

20 involving excessive use of force, completed, 

21 attempted, or threatened violence, includ22 ing sexual abuse, or misconduct committed 

23 against incarcerated people. 

24 ‘‘(xii) Credible allegations of incidents 

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1 ened violence, including sexual violence or 

2 sexual abuse, committed against staff. 

3 ‘‘(xiii) Adequacy of staffing at the 

4 covered facility, including the number and 

5 job assignments of staff, the ratio of staff 

6 to inmates at the facility, the staff position 

7 vacancy rate at the facility, and the use of 

8 overtime, mandatory overtime, and aug9 mentation. 

10 ‘‘(xiv) Deaths or serious injuries of in11 carcerated people or staff that occurred at 

12 the facility. 

13 ‘‘(xv) The existence of contraband 

14 that jeopardizes the health or safety of in15 carcerated people or staff, including inci16 dent reports, referrals for criminal pros17 ecution, and confirmed prosecutions. 

18 ‘‘(xvi) Access of incarcerated people 

19 to— 

20 ‘‘(I) legal counsel, including con21 fidential meetings and communica22 tions; 

23 ‘‘(II) discovery and other case-re24 lated legal materials; and 


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1 ‘‘(III) the law library at the cov2 ered facility. 

3 ‘‘(xvii) Any aspect of the operation of 

4 the covered facility that the Inspector Gen5 eral determines to be necessary over the 

6 course of an inspection. 

7 ‘‘(C) INSPECTION SCHEDULE.—An inspec8 tion of a covered facility under this subsection 

9 shall be conducted on a schedule based on the 

10 combined risk score of the covered facility as 

11 described in subparagraph (E) and the fol12 lowing considerations: 

13 ‘‘(i) Higher risk facilities shall receive 

14 more frequent inspections. 

15 ‘‘(ii) The Inspector General shall re16 evaluate the combined risk score method17 ology and inspection schedule periodically 

18 and may alter 1 or both to ensure that 

19 higher risk facilities are identified and re20 ceiving the appropriate frequency of in21 spection. 

22 ‘‘(iii) A determination by the Inspec23 tor General that 1 or more of the criteria 

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1 spected, with regard to a covered facility or 

2 group of covered facilities. 

3 ‘‘(D) REPORT.— 

4 ‘‘(i) IN GENERAL.—Upon completion 

5 of an inspection of a covered facility under 

6 this subsection, or a group of inspections 

7 that assess the same or similar issues at 

8 more than 1 facility, the Inspector General 

9 shall produce a report to be made available 

10 to the Attorney General, the Committee on 

11 the Judiciary of the Senate, the Committee 

12 on the Judiciary of the House of Rep13 resentatives, employee representative orga14 nizations, and the public, that addresses 1 

15 or more of the following topics: 

16 ‘‘(I) A characterization of the 

17 conditions of confinement and work18 ing conditions, including a summary 

19 of the inspection criteria reviewed 

20 under clauses (ii) and (iii) of subpara21 graph (B). 

22 ‘‘(II) Recommendations made to 

23 the covered facility to improve safety 

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1 cluding recommendations regarding 

2 staffing. 

3 ‘‘(III) A recommended timeline 

4 for the next inspection and assess5 ment, which shall not limit the au6 thority of the Inspector General to 

7 perform additional inspections and as8 sessments, announced or unan9 nounced. 

10 ‘‘(IV) Any other issues or mat11 ters identified during the inspection of 

12 the facility or facilities. 

13 ‘‘(ii) CONSULTATION WITH STAKE14 HOLDERS.—In developing the rec15 ommendations described in clause (i), the 

16 Inspector General may consult with stake17 holders, including employee representative 

18 organizations. 

19 ‘‘(E) RISK SCORE.—Not later than 18 

20 months after the date of enactment of the Fed21 eral Prison Oversight Act, the Inspector Gen22 eral shall establish methodology and protocols 

23 for determining the combined risk score of a 

24 covered facility, which— 


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1 ‘‘(i) shall be delivered to the Com2 mittee on the Judiciary of the Senate and 

3 the Committee on the Judiciary of the 

4 House of Representatives; and 

5 ‘‘(ii) may be based on— 

6 ‘‘(I) frequency and duration of 

7 lockdowns; 

8 ‘‘(II) availability of program9 ming; 

10 ‘‘(III) staffing levels; 

11 ‘‘(IV) access to adequate physical 

12 and mental health resources; 

13 ‘‘(V) incidences of physical as14 sault, neglect, or sexual abuse; 

15 ‘‘(VI) opportunity to maintain 

16 family ties through phone calls, video 

17 calls, mail, email, and visitation; 

18 ‘‘(VII) adequacy of the nutrition 

19 provided; 

20 ‘‘(VIII) amount or frequency of 

21 staff discipline cases; 

22 ‘‘(IX) amount or frequency of 

23 misconduct by people incarcerated at 

24 the covered facility; 


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1 ‘‘(X) access of incarcerated peo2 ple to— 

3 ‘‘(aa) legal counsel, includ4 ing confidential meetings and 

5 communications; 

6 ‘‘(bb) discovery and other 

7 case-related legal materials; and 

8 ‘‘(cc) the law library at the 

9 covered facility; and 

10 ‘‘(XI) other factors as deter11 mined by the Inspector General. 

12 ‘‘(F) BUREAU RESPONSE TO REPORT.— 

13 ‘‘(i) IN GENERAL.—Not later than 60 

14 days after the date on which the Inspector 

15 General issues a report under subpara16 graph (D), the Bureau shall respond in 

17 writing to the inspection report, which 

18 shall include a corrective action plan. 

19 ‘‘(ii) PUBLIC AVAILABILITY.—Each 

20 response and action plan described in 

21 clause (i) shall be made available to the 

22 public on the website of the Inspector Gen23 eral. 

24 ‘‘(iii) COMPLIANCE WITH CORRECTIVE

25 ACTION PLAN.—The Inspector General 


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1 may conduct additional inspections or in2 vestigations, announced or unannounced, 

3 to monitor the compliance of the Bureau 

4 with a corrective action plan described in 

5 clause (i). 

6 ‘‘(G) RULE OF CONSTRUCTION.—The au7 thority in this paragraph is consistent with and 

8 does not supersede, conflict with, or otherwise 

9 alter the authority provided to the Inspector 

10 General under section 406. 

11 ‘‘(3) OMBUDSMAN.— 

12 ‘‘(A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of the Federal Pris14 on Oversight Act, the Attorney General shall es15 tablish in the Department of Justice an Om16 budsman who may— 

17 ‘‘(i) receive a complaint from an in18 carcerated person, a family member, a rep19 resentative of an incarcerated person, staff, 

20 or others regarding issues that may ad21 versely affect the health, safety, welfare, or 

22 rights of incarcerated people or staff, in23 cluding— 

24 ‘‘(I) abuse or neglect; 


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1 ‘‘(II) the conditions of confine2 ment, including the availability of 

3 health care; 

4 ‘‘(III) working conditions of 

5 staff; 

6 ‘‘(IV) decisions, administrative 

7 actions, or guidance of the Bureau, 

8 including those relating to prison 

9 staffing; 

10 ‘‘(V) inaction or omissions by the 

11 Bureau, including failure to consider 

12 or respond to complaints or grievances 

13 by incarcerated people or staff 

14 promptly or appropriately; 

15 ‘‘(VI) policies, rules, or proce16 dures of the Bureau, including gross 

17 mismanagement; and 

18 ‘‘(VII) alleged violations of non19 criminal law by staff or incarcerated 

20 people that may adversely affect the 

21 health, safety, welfare, or rights of 

22 any person; 

23 ‘‘(ii) refer a complainant and others 

24 to appropriate resources or Federal agen25 cies; 


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1 ‘‘(iii) make inquiries and recommend 

2 actions to appropriate entities on behalf of 

3 a complainant, the Ombudsman, or others; 

4 and 

5 ‘‘(iv) decline to investigate or take any 

6 action with respect to any complaint and, 

7 in any case in which the Ombudsman de8 clines to investigate or take any action, 

9 shall notify the complainant in writing of 

10 the decision not to investigate or take any 

11 action and the reasons for the decision. 

12 ‘‘(B) LIMITATIONS ON AUTHORITY.—The 

13 Ombudsman— 

14 ‘‘(i) may not investigate— 

15 ‘‘(I) any complaints relating to 

16 the underlying criminal conviction of 

17 an incarcerated person; 

18 ‘‘(II) a complaint from staff that 

19 relates to the employment or contrac20 tual relationship of the staff member 

21 with the Bureau, unless the complaint 

22 is related to the health, safety, wel23 fare, working conditions, gross mis24 management of a covered facility, or 


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1 rehabilitation of incarcerated people; 

2 or 

3 ‘‘(III) any allegation of criminal 

4 or administrative misconduct, as de5 scribed in subsection (b)(2), and shall 

6 refer any matter covered by sub7 section (b)(2) to the Inspector Gen8 eral, who may, at the discretion of In9 spector General, refer such allegations 

10 back to the Ombudsman or the inter11 nal affairs office of the appropriate 

12 component of the Department of Jus13 tice; and 

14 ‘‘(ii) may not levy any fees for the 

15 submission or investigation of complaints. 

16 ‘‘(C) DECISION ON THE MERITS OF A COM17 PLAINT.—At the conclusion of an investigation 

18 of a complaint, the Ombudsman shall— 

19 ‘‘(i) render a decision on the merits of 

20 each complaint; 

21 ‘‘(ii) communicate the decision to the 

22 complainant, if any, and to the Bureau; 

23 and 

24 ‘‘(iii) state the recommendations and 

25 reasoning of the Ombudsman if, in the 


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1 opinion of the Ombudsman, the Bureau or 

2 any employee thereof should— 

3 ‘‘(I) consider the matter further; 

4 ‘‘(II) modify or cancel any action; 

5 ‘‘(III) alter a rule, practice, or 

6 ruling; 

7 ‘‘(IV) explain in detail the ad8 ministrative action in question; or 

9 ‘‘(V) rectify an omission. 

10 ‘‘(D) ACTIONS FOLLOWING A DECISION BY

11 THE OMBUDSMAN.— 

12 ‘‘(i) REQUEST FOR INFORMATION

13 ABOUT ACTIONS TAKEN.—If the Ombuds14 man so requests, the Bureau shall, within 

15 the time specified, respond to any inquiry 

16 or request for information from the Om17 budsman and inform the Ombudsman 

18 about any action taken on the rec19 ommendations provided by the Ombuds20 man or the reasons for not complying with 

21 any request for information or rec22 ommendations. 

23 ‘‘(ii) REPORTING OF CONTINUING

24 ISSUES.—If the Ombudsman believes, 

25 based on an investigation conducted by the 


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1 Ombudsman, that there has been or con2 tinues to be a significant health, safety, 

3 welfare, working conditions, or rehabilita4 tion issue, the Ombudsman shall report the 

5 finding to the Attorney General, the Com6 mittee on the Judiciary of the Senate, and 

7 the Committee on the Judiciary of the 

8 House of Representatives. 

9 ‘‘(iii) MONITORING OF INTERNAL DIS10 CIPLINARY ACTIONS OF THE BUREAU.—In 

11 the event that the Bureau conducts an in12 ternal disciplinary investigation or review 

13 of 1 or more staff members of the Bureau 

14 as a result of an investigation by the Om15 budsman, the Ombudsman may monitor 

16 the internal disciplinary action to ensure a 

17 fair and objective process. 

18 ‘‘(4) INSPECTOR GENERAL AND OMBUDSMAN

19 ACCESS TO BUREAU OF PRISONS FACILITIES.— 

20 ‘‘(A) IN GENERAL.—Upon demand, in per21 son or in writing and with or without prior no22 tice, the Inspector General and the Ombudsman 

23 shall be granted access to all Bureau facilities, 

24 which shall include— 


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1 ‘‘(i) all areas that are used by incar2 cerated people, all areas that are accessible 

3 to incarcerated people, and access to pro4 grams for incarcerated people at any time 

5 of day; and 

6 ‘‘(ii) the opportunity to— 

7 ‘‘(I) conduct private and con8 fidential interviews with any incarcer9 ated person, staff, employee represent10 ative organization, or other person; 

11 and 

12 ‘‘(II) communicate privately and 

13 confidentially, both formally and in14 formally, with incarcerated people or 

15 staff by telephone, mail, electronic 

16 communication, and in person, which 

17 shall not be monitored or recorded by 

18 or conducted in the presence of staff. 

19 ‘‘(B) PURPOSE OF VISITS.—Access to Bu20 reau facilities under subparagraph (A) is for 

21 the purposes of— 

22 ‘‘(i) conducting announced or unan23 nounced inspections by the Inspector Gen24 eral as described in paragraph (2), includ25 ing inspections to monitor the compliance 


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1 of the Bureau with a corrective action plan 

2 described in paragraph (2)(F)(i); 

3 ‘‘(ii) conducting an investigation or 

4 other activity by the Ombudsman as de5 scribed in paragraph (3); and 

6 ‘‘(iii) inspecting, viewing, 

7 photographing, and video recording all 

8 areas of the facility that are used by incar9 cerated people or are accessible to incarcer10 ated people. 

11 ‘‘(C) ACCESS TO DOCUMENTS.— 

12 ‘‘(i) IN GENERAL.—The Inspector 

13 General and the Ombudsman have the 

14 right to access, inspect, and copy all rel15 evant information, records, or documents 

16 in the possession or control of the Bureau 

17 that either the Inspector General or the 

18 Ombudsman considers necessary in an in19 spection, investigation, or other activity, 

20 and the Bureau shall assist the Inspector 

21 General and the Ombudsman in obtaining 

22 the necessary releases for those documents 

23 that are specifically restricted or privileged 

24 for use by the Bureau. 


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1 ‘‘(ii) PRODUCTION OF RECORDS.— 

2 Following notification from the Inspector 

3 General or the Ombudsman with a written 

4 demand for access to Bureau records, the 

5 Bureau shall provide access to the re6 quested documentation in a manner con7 sistent with section 552a (commonly 

8 known as the ‘Privacy Act of 1974’)— 

9 ‘‘(I) not later than 20 business 

10 days after receipt of the written re11 quest; or 

12 ‘‘(II) in the case of records per13 taining to the death of an incarcer14 ated person or staff, threats of bodily 

15 harm including sexual or physical as16 saults, or the denial or delay of nec17 essary medical treatment, not later 

18 than 5 business days after receipt of 

19 the written request, unless the Inspec20 tor General or the Ombudsman con21 sents to an extension of that time 

22 frame. 

23 ‘‘(D) MINIMIZE DISRUPTION OF OPER24 ATIONS.—The Inspector General and the Om25 budsman shall— 


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1 ‘‘(i) develop procedures— 

2 ‘‘(I) to ensure that the Inspector 

3 General has access to, and the right 

4 to review and investigate, any allega5 tions received by the Ombudsman to 

6 ensure that the Inspector General 

7 may carry out the authorities provided 

8 to the Inspector General under this 

9 chapter; and 

10 ‘‘(II) that may provide that the 

11 Inspector General and the Ombuds12 man will determine certain categories 

13 of allegations that are not necessary 

14 for the Inspector General to review 

15 prior to the Ombudsman proceeding; 

16 ‘‘(ii) work with the Bureau to mini17 mize disruption to the operations of the 

18 Bureau due to inspections, investigations, 

19 or other activity; 

20 ‘‘(iii) comply with the security clear21 ance processes of the Bureau, provided 

22 these processes do not impede the activities 

23 described in this subsection; and 


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1 ‘‘(iv) limit the public release of any 

2 photographs or video recordings that would 

3 jeopardize— 

4 ‘‘(I) the safety, security, or good 

5 order of a covered facility or the Bu6 reau; or 

7 ‘‘(II) public safety. 

8 ‘‘(E) RULE OF CONSTRUCTION.—The au9 thority in this paragraph is consistent with and 

10 does not supersede, conflict with, or otherwise 

11 alter the authority provided to the Inspector 

12 General under section 406. 

13 ‘‘(5) CONFIDENTIALITY.— 

14 ‘‘(A) IN GENERAL.—Correspondence and 

15 communication with the Inspector General and 

16 the Ombudsman, including communication re17 garding an issue described in section 4051 of 

18 title 18 is confidential and shall be protected as 

19 privileged correspondence in the same manner 

20 as legal correspondence or communications. 

21 ‘‘(B) PROCEDURES.—Subject to subpara22 graph (C), the Inspector General and the Om23 budsman shall establish confidentiality proce24 dures for all information maintained by the re25 spective office to ensure that, to the greatest 


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1 extent practicable, before, during, or after an 

2 investigation— 

3 ‘‘(i) staff are not aware of the identity 

4 of a complainant; and 

5 ‘‘(ii) other incarcerated people are not 

6 aware of the identity of a complainant. 

7 ‘‘(C) EXCEPTION.—The Inspector General 

8 and the Ombudsman may disclose identifying 

9 information for the sole purpose of carrying out 

10 an investigation and as otherwise authorized 

11 under section 407(b). 

12 ‘‘(6) FILING COMPLAINTS.— 

13 ‘‘(A) FILING COMPLAINTS ON BEHALF OF

14 AN INCARCERATED INDIVIDUAL.— 

15 ‘‘(i) ONLINE FORM.—The Ombuds16 man shall create a secure online form to be 

17 made available on the website of the Om18 budsman where the family members, 

19 friends, and representatives of incarcerated 

20 people can submit complaints and inquiries 

21 on issues identified in paragraph (3)(A)(i) 

22 on behalf of an individual incarcerated at 

23 a covered facility. 

24 ‘‘(ii) TELEPHONE HOTLINE.—The 

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1 line through which family members, 

2 friends, and representatives of incarcerated 

3 people can call to file complaints and in4 quiries on issues identified in paragraph 

5 (3)(A)(i) on behalf of an individual incar6 cerated at a covered facility. 

7 ‘‘(B) FILING COMPLAINTS BY AN INCAR8 CERATED INDIVIDUAL.— 

9 ‘‘(i) INTERNAL PRIVATE SUBMIS10 SION.—The Bureau shall provide multiple 

11 internal ways for incarcerated individuals 

12 in covered facilities to privately submit to 

13 the Ombudsman complaints and inquiries 

14 on issues identified in paragraph (3)(A)(i). 

15 ‘‘(ii) SUBMISSION VIA INDEPENDENT

16 ENTITY.—The Bureau shall also provide 

17 not less than 1 process for incarcerated in18 dividuals in covered facilities to submit 

19 complaints and inquiries on issues identi20 fied in paragraph (3)(A)(i) to a public or 

21 private entity or office that is not part of 

22 the Bureau and that is able to receive and 

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1 carcerated individual to remain anonymous 

2 upon request. 

3 ‘‘(C) DETERMINATION.— 

4 ‘‘(i) CONFIRMATION OF RECEIPT.— 

5 Not later than 5 business days after sub6 mission of a complaint or inquiry under 

7 subparagraph (A) or (B), the Ombudsman 

8 shall confirm receipt. 

9 ‘‘(ii) DETERMINATION.—Not later 

10 than 15 business days after issuing the 

11 confirmation under clause (i), the Ombuds12 man shall make a determination as to 

13 whether any action is warranted and notify 

14 the complainant of the determination. 

15 ‘‘(iii) STATEMENT REGARDING DECI16 SION.—If the Ombudsman has determined 

17 action is unwarranted under clause (ii), the 

18 Ombudsman shall provide a written state19 ment explaining the decision to the com20 plainant. 

21 ‘‘(D) PUBLIC EDUCATION.—The Ombuds22 man shall coordinate with the Bureau to edu23 cate incarcerated people, representatives of in24 carcerated people, and the public about the ex25 istence and functions of the Ombudsman. 


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1 ‘‘(E) ADMINISTRATIVE EXHAUSTION.— 

2 Nothing in this paragraph shall be construed as 

3 a necessary administrative remedy required for 

4 exhaustion under section 7(a) of the Civil 

5 Rights of Institutionalized Persons Act (42 

6 U.S.C. 1997e(a)). 

7 ‘‘(7) PROHIBITION ON RETALIATION.— 

8 ‘‘(A) IN GENERAL.—The Bureau and staff 

9 of the Bureau shall not discharge, retaliate 

10 against, or in any manner discriminate against 

11 any complainant or any person or entity that 

12 has instituted or caused to be instituted any 

13 proceeding, investigation, or inspection under or 

14 related to this subsection. 

15 ‘‘(B) INVESTIGATION.—Any alleged dis16 charge of, retaliation against, or discrimination 

17 against a complainant, entity, or person be18 cause of a complaint, investigation, or inspec19 tion may be considered by the Ombudsman as 

20 an appropriate subject of an investigation or 

21 other activity. 

22 ‘‘(8) DUE PROCESS PROTECTIONS.— 

23 ‘‘(A) IN GENERAL.—The Attorney General 

24 and the Inspector General shall ensure that im25 plementation of this subsection is consistent 


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1 with section 552a (commonly known as the 

2 ‘Privacy Act of 1974’) and all other applicable 

3 laws, and respects appropriate due process pro4 tections for staff. 

5 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

6 in this paragraph shall be construed to modify, 

7 supersede, or otherwise affect the authority of 

8 the Inspector General to access all records, re9 ports, audits, reviews, documents, papers, rec10 ommendations, or other materials, as author11 ized by section 406(a). 

12 ‘‘(9) PERCENTAGE OF ANNUAL APPROPRIATION

13 FOR THE BUREAU OF PRISONS.—It is the sense of 

14 Congress that the amount allocated to the Inspector 

15 General and the Ombudsman to carry out the activi16 ties described in this subsection should equal an 

17 amount between 0.2 percent and 0.5 percent of the 

18 annual appropriation for the Bureau.’’. 

19 (b) EFFECTIVE DATE.—This Act, and the amend20 ments made by this Act, shall take effect on the date that 

21 is 90 days after the date on which appropriations are 

22 made available to the Inspector General of the Depart23 ment of Justice and the Department of Justice for the 


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28 

•S 1401 IS

1 specific purpose of carrying out the provisions of this Act 

2 and the amendments made by this Act. 

Æ 


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