S. 307

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 307 Enrolled Bill (ENR)]
        S.307
                     One Hundred Nineteenth Congress
                                 of the
                        United States of America
                          AT THE SECOND SESSION
          Begun and held at the City of Washington on Saturday,
          the third day of January, two thousand and twenty six
                                 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.
                               Speaker of the House of Representatives.
                            Vice President of the United States and
                                               President of the Senate.