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.

(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.