Bill to strengthen oversight of beleaguered Bureau of Prisons is cleared for president’s signature

The Senate on Wednesday sent to the president’s desk legislation that would increase oversight of federal prisons. 

The Federal Prison Oversight Act, sponsored by Rep. Lucy McBath, D-Ga., advanced by unanimous consent after previously passing the House 392-2 in May. 

Sen. Jon Ossoff, D-Ga., who first introduced the measure in 2022 after leading multiple investigations into misconduct in the federal prison system, applauded the bill’s passage Wednesday. 

“We found that in two-thirds — two-thirds — of federal prisons that housed female inmates [that] inmates had been sexually assaulted by members of prison staff. The human rights crisis behind bars in the United States is a stain on America’s conscience,” Ossoff said in floor remarks after the bill’s approval. “We just passed the most significant federal prison reform legislation in many years.” 

Specifically, the bill would require the Justice Department inspector general to conduct periodic inspections of and report on Bureau of Prisons correctional facilities, with a focus on “higher risk facilities” (e.g. ones with lower staffing levels or increased incidents of assault and abuse).

McBath said in House floor remarks in May that her son's death influenced her decision to push for the legislation. 

"My son Jordan Davis was killed when he was 17-years-old by a man who is now serving a life sentence in prison. And through my family's pain, I have found the strength, believe it or not, to actually forgive my son's killer," she said. "So I introduced this bill after I heard from families and advocates about alarming corruption, misconduct and lack of oversight in this country's prison systems that has led to tragedy and loss for far too many families across this nation.”

The legislation also would establish an ombudsman in the DOJ to receive and investigate complaints about prisoners’ safety, welfare or rights. 

“I applaud Congress for passing the ‘Federal Prison Oversight Act,’ and for the overwhelming bipartisan show of support to improve oversight of the [BOP],” DOJ Inspector General Michael E. Horowitz said in a statement on Thursday. “Last year, the [office of inspector general] launched an unannounced inspection program of BOP facilities. The inspections we conducted have identified critical shortcomings in BOP operations, including staff shortages in health and education programs, infrastructure in desperate need of repair and moldy and rotten food being served to inmates.”

Currently, there are approximately 158,000 individuals in federal custody, according to the BOP’s website. 

The legislation is backed by a range of organizations, including the American Civil Liberties Union and Conservative Political Action Committee. 

President Joe Biden in 2022 similarly signed into law another Ossoff bill to address deficiencies with BOP security cameras and upgrade them.  

BOP’s director, Colette Peters, assumed her role in 2022 with goals to improve employee accountability and address longstanding issues at the agency. 

The Government Accountability Office added federal prison management to its high-risk list in 2023 due to staff and resource challenges at the BOP as well as issues with planning and evaluating programs for individuals exiting incarceration. 

Relatedly, the watchdog agency earlier this month released a report detailing gaps in the U.S. Marshals Service’s oversight of detention facilities that it uses, including BOP ones. It also recommended in 2021 that the Marshals and BOP better align their policies regarding pregnant prisoners with national guidance on pregnancy-related care. 

The DOJ inspector general in February found that nearly 350 inmates died in federal prisons between fiscal years 2014 and 2021, more than half of which were suicides, oftentimes due to understaffing, insufficient training and poor management.