‘‘(II) the conditions of confine-
ment, 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 proce-
dures 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 agen-
cies; 
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‘‘(iii) make inquiries and recommend 
actions to appropriate entities on behalf of 
a complainant, the Ombudsman, or others; 
and 
‘‘(iv) decline to investigate or take any 
action with respect to any complaint and, 
in any case in which the Ombudsman de-
clines to investigate or take any action, 
shall notify the complainant in writing of 
the 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 contrac-
tual relationship of the staff member 
with the Bureau, unless the complaint 
is related to the health, safety, wel-
fare, working conditions, gross mis-
management of a covered facility, or 
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rehabilitation of incarcerated people; 
or 
‘‘(III) any allegation of criminal 
or administrative misconduct, as de-
scribed in subsection (b)(2), and shall 
refer any matter covered by sub-
section (b)(2) to the Inspector Gen-
eral, who may, at the discretion of In-
spector General, refer such allegations 
back to the Ombudsman or the inter-
nal affairs office of the appropriate 
component of the Department of Jus-
tice; and 
‘‘(ii) may not levy any fees for the 
submission or investigation of complaints. 
‘‘(C) DECISION ON THE MERITS OF A COM-
PLAINT.—At the conclusion of an investigation 
of a complaint, the Ombudsman shall— 
‘‘(i) render a decision on the merits of 
each complaint; 
‘‘(ii) 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 
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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 ad-
ministrative action in question; or 
‘‘(V) rectify an omission. 
‘‘(D) ACTIONS FOLLOWING A DECISION BY 
THE OMBUDSMAN.— 
‘‘(i) 
REQUEST
FOR
INFORMATION 
ABOUT ACTIONS TAKEN.—If the Ombuds-
man so requests, the Bureau shall, within 
the time specified, respond to any inquiry 
or request for information from the Om-
budsman and inform the Ombudsman 
about any action taken on the rec-
ommendations provided by the Ombuds-
man or the reasons for not complying with 
any request for information or rec-
ommendations. 
‘‘(ii) REPORTING
OF
CONTINUING 
ISSUES.—If 
the 
Ombudsman 
believes, 
based on an investigation conducted by the 
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Ombudsman, that there has been or con-
tinues to be a significant health, safety, 
welfare, working conditions, or rehabilita-
tion issue, the Ombudsman shall report the 
finding to the Attorney General, the Com-
mittee on the Judiciary of the Senate, and 
the Committee on the Judiciary of the 
House of Representatives. 
‘‘(iii) MONITORING OF INTERNAL DIS-
CIPLINARY ACTIONS OF THE BUREAU.—In 
the event that the Bureau conducts an in-
ternal disciplinary investigation or review 
of 1 or more staff members of the Bureau 
as a result of an investigation by the Om-
budsman, 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.—Upon demand, in per-
son or in writing and with or without prior no-
tice, the Inspector General and the Ombudsman 
shall be granted access to all Bureau facilities, 
which shall include— 
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‘‘(i) all areas that are used by incar-
cerated people, all areas that are accessible 
to incarcerated people, and access to pro-
grams for incarcerated people at any time 
of day; and 
‘‘(ii) the opportunity to— 
‘‘(I) conduct private and con-
fidential interviews with any incarcer-
ated person, staff, employee represent-
ative organization, or other person; 
and 
‘‘(II) communicate privately and 
confidentially, both formally and in-
formally, 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. 
‘‘(B) PURPOSE OF VISITS.—Access to Bu-
reau facilities under subparagraph (A) is for 
the purposes of— 
‘‘(i) conducting announced or unan-
nounced inspections by the Inspector Gen-
eral as described in paragraph (2), includ-
ing inspections to monitor the compliance 
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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 de-
scribed in paragraph (3); and 
‘‘(iii) 
inspecting, 
viewing, 
photographing, and video recording all 
areas of the facility that are used by incar-
cerated people or are accessible to incarcer-
ated people. 
‘‘(C) ACCESS TO DOCUMENTS.— 
‘‘(i) IN
GENERAL.—The Inspector 
General and the Ombudsman have the 
right to access, inspect, and copy all rel-
evant information, records, or documents 
in the possession or control of the Bureau 
that either the Inspector General or the 
Ombudsman considers necessary in an in-
spection, investigation, or other 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. 
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‘‘(ii) 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 re-
quested documentation in a manner con-
sistent 
with 
section 
552a 
(commonly 
known as the ‘Privacy Act of 1974’)— 
‘‘(I) not later than 20 business 
days after receipt of the written re-
quest; or 
‘‘(II) in the case of records per-
taining to the death of an incarcer-
ated person or staff, threats of bodily 
harm including sexual or physical as-
saults, or the denial or delay of nec-
essary medical treatment, not later 
than 5 business days after receipt of 
the written request, unless the Inspec-
tor General or the Ombudsman con-
sents to an extension of that time 
frame. 
‘‘(D) MINIMIZE
DISRUPTION
OF
OPER-
ATIONS.—The Inspector General and the Om-
budsman shall— 
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‘‘(i) develop procedures— 
‘‘(I) to ensure that the Inspector 
General has access to, and the right 
to review and investigate, any allega-
tions 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 Ombuds-
man 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 mini-
mize disruption to the operations of the 
Bureau due to inspections, investigations, 
or other activity; 
‘‘(iii) comply with the security clear-
ance processes of the Bureau, provided 
these processes do not impede the activities 
described in this subsection; and 
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‘‘(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 Bu-
reau; or 
‘‘(II) public safety. 
‘‘(E) RULE OF CONSTRUCTION.—The au-
thority 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 re-
garding 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. 
‘‘(B) PROCEDURES.—Subject to subpara-
graph (C), the Inspector General and the Om-
budsman shall establish confidentiality proce-
dures for all information maintained by the re-
spective office to ensure that, to the greatest 
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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 Ombuds-
man shall create a secure online form to be 
made available on the website of the Om-
budsman where the family members, 
friends, 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 hot-
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line 
through 
which 
family 
members, 
friends, and representatives of incarcerated 
people can call to file complaints and in-
quiries on issues identified in paragraph 
(3)(A)(i) on behalf of an individual incar-
cerated at a covered facility. 
‘‘(B) FILING COMPLAINTS BY AN INCAR-
CERATED INDIVIDUAL.— 
‘‘(i) 
INTERNAL
PRIVATE
SUBMIS-
SION.—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 in-
dividuals in covered facilities to submit 
complaints and inquiries on issues identi-
fied 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 in-
quiries to the Ombudsman, allowing the in-
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carcerated individual to remain anonymous 
upon request. 
‘‘(C) DETERMINATION.— 
‘‘(i) CONFIRMATION
OF
RECEIPT.— 
Not later than 5 business days after sub-
mission 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 Ombuds-
man shall make a determination as to 
whether any action is warranted and notify 
the complainant of the determination. 
‘‘(iii) STATEMENT REGARDING DECI-
SION.—If the Ombudsman has determined 
action is unwarranted under clause (ii), the 
Ombudsman shall provide a written state-
ment explaining the decision to the com-
plainant. 
‘‘(D) PUBLIC EDUCATION.—The Ombuds-
man shall coordinate with the Bureau to edu-
cate incarcerated people, representatives of in-
carcerated people, and the public about the ex-
istence and functions of the Ombudsman. 
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‘‘(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 dis-
charge of, retaliation against, or discrimination 
against a complainant, entity, or person be-
cause of a complaint, investigation, or inspec-
tion 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 im-
plementation of this subsection is consistent 
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with section 552a (commonly known as the 
‘Privacy Act of 1974’) and all other applicable 
laws, and respects appropriate due process pro-
tections 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, re-
ports, audits, reviews, documents, papers, rec-
ommendations, or other materials, as author-
ized 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 activi-
ties described in this subsection should equal an 
amount between 0.2 percent and 0.5 percent of the 
annual appropriation for the Bureau.’’. 
(b) EFFECTIVE DATE.—This Act, and the amend-
ments 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 Depart-
ment of Justice and the Department of Justice for the 
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specific purpose of carrying out the provisions of this Act 
and the amendments made by this Act. 
Æ 
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