II 119THCONGRESS 1 STSESSION S. 307 To address sexual harassment and sexual assault of Bureau of Prisons staff in prisons, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY29, 2025 Mrs. B LACKBURN(for herself and Mr. OSSOFF) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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 Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prison Staff Safety 4 Enhancement Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) In 2023, the Office of the Inspector General 8 of the Department of Justice released a report titled 9 ‘‘Evaluation of the Federal Bureau of Prisons’ Ef-10 VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 307 IS forts to Address Sexual Harassment and Sexual As-1 sault Committed by Inmates Toward Staff’’ (in this 2 section referred to as the ‘‘Inspector General re-3 port’’). 4 (2) The Inspector General report examined all 5 sanctioned inmate sexual incidents in the Bureau of 6 Prisons (in this section referred to as the ‘‘Bureau’’) 7 between fiscal years 2015 and 2021, and found that 8 inmate-on-staff sexual harassment and sexual as-9 sault is widespread. 10 (3) The Inspector General report further found 11 that the Bureau does not collect adequate data on 12 inmate-on-staff sexual harassment and sexual as-13 sault and that, because of the Bureau’s inadequate 14 data, the Bureau has not been able to identify the 15 full scope of inmate-on-staff sexual harassment and 16 sexual assault. 17 (4) The Inspector General report further found 18 that the Bureau does not have systems to evaluate 19 the effectiveness of the Bureau’s strategies to miti-20 gate inmate-on-staff sexual harassment and sexual 21 assault. 22 (5) The Inspector General report made rec-23 ommendations to the Bureau to address the failures 24 in the Bureau’s data collection and mitigation ef-25 VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 307 IS forts, but the Bureau has not implemented these 1 recommendations. 2 SEC. 3. ADDRESSING SEXUAL HARASSMENT AND SEXUAL 3 ASSAULT OF BUREAU OF PRISONS STAFF. 4 (a) D EFINITIONS.—In this section: 5 (1) B UREAU.—The term ‘‘Bureau’’ means the 6 Bureau of Prisons. 7 (2) C ORRECTIONAL OFFICER .—The term ‘‘cor-8 rectional officer’’ has the meaning given the term in 9 section 4051 of title 18, United States Code. 10 (3) I NSPECTOR GENERAL .—The term ‘‘Inspec-11 tor General’’ means the Inspector General of the De-12 partment of Justice. 13 (4) I NCARCERATED INDIVIDUAL .—The term 14 ‘‘incarcerated individual’’ has the meaning given the 15 term ‘‘prisoner’’ in section 4051 of title 18, United 16 States Code. 17 (5) S EXUAL ASSAULT.—The term ‘‘sexual as-18 sault’’ means an act described in subsection (b), (c), 19 or (d) of section 920 of title 10, United States Code. 20 (6) S EXUAL HARASSMENT .—The term ‘‘sexual 21 harassment’’ means unwelcome sexual advances, re-22 quests for sexual favors, or other verbal or physical 23 conduct of a sexual nature that explicitly or implic-24 itly affect an individual’s employment, unreasonably 25 VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 307 IS interfere with an individual’s work performance, or 1 create an intimidating, hostile, or offensive work en-2 vironment. 3 (b) I MPLEMENTATION OF RECOMMENDATIONS BY 4 B UREAU.— 5 (1) I N GENERAL.—Not later than 90 days after 6 the date of enactment of this Act, the Bureau shall 7 fully implement each recommendation in the report 8 released by the Inspector General in 2023 titled 9 ‘‘Evaluation of the Federal Bureau of Prisons’ Ef-10 forts to Address Sexual Harassment and Sexual As-11 sault Committed by Inmates Toward Staff’’. 12 (2) R EPORT.—If the Bureau has not fully im-13 plemented each recommendation referenced in para-14 graph (1) by the deadline under that paragraph, the 15 Bureau shall submit a report to Congress by that 16 deadline that includes an explanation of the failure 17 to fully implement each recommendation and a de-18 tailed timeline for full implementation. 19 (c) D ATAANALYSIS BYINSPECTORGENERAL.— 20 (1) I N GENERAL.—Not later than 1 year after 21 the date as of which the Bureau has fully imple-22 mented each recommendation referenced in sub-23 section (b)(1)— 24 VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 307 IS (A) the Inspector General shall request 1 from the Bureau, and the Bureau shall provide, 2 updated data on the number and prevalence of 3 sexual harassment and sexual assault incidents 4 perpetrated by incarcerated individuals against 5 a correctional officer or other employee of the 6 Bureau during fiscal years 2022 through 2025; 7 (B) the Inspector General shall conduct an 8 analysis of the data described in subparagraph 9 (A); and 10 (C) the Inspector General shall provide 11 Congress and the Attorney General with the 12 analysis conducted under subparagraph (B) and 13 any additional recommendations, including 14 analysis of whether the Bureau has taken suffi-15 cient steps to identify the prevalence and scope 16 of sexual harassment and sexual assault inci-17 dents perpetrated by incarcerated individuals 18 against a correctional officer or other employee 19 of the Bureau and to mitigate such incidents. 20 (2) A NALYSIS OF PUNISHMENTS .—The analysis 21 required under paragraph (1)(C) shall include an 22 analysis of punishments for sexual harassment and 23 sexual assault as of the date of enactment of this 24 Act in facilities controlled by the Bureau of Prisons, 25 VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •S 307 IS including data on the use of such punishments dur-1 ing the 5-year period preceding the date of enact-2 ment of this Act. 3 (d) R ULEMAKING BY ATTORNEYGENERAL.—Not 4 later than 1 year after receiving the analysis under sub-5 section (c), the Attorney General shall promulgate a rule 6 adopting national standards for prevention, reduction, and 7 punishment of sexual harassment and sexual assault per-8 petrated by an incarcerated individual against a correc-9 tional officer or other employee of the Bureau. 10 Æ VerDate Sep 11 2014 22:35 Feb 25, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S307.IS S307 kjohnson on DSK7ZCZBW3PROD with $$_JOB