Federal Prisons Accountability Act of 2023

The Director of the Bureau of Prisons leads a law enforcement component of the Department of Justice with a budget that exceeded $8,000,000,000 for fiscal year 2023.

With the exception of the Federal Bureau of Investigation, the Bureau of Prisons had the largest operating budget of any unit within the Department of Justice for fiscal year 2023.

As of 2023, the Director of the Bureau of Prisons oversaw 122 facilities and was responsible for the welfare of more than 159,000 Federal inmates.

As of 2023, the Director of the Bureau of Prisons supervised more than 34,000 employees, many of whom operate in hazardous environments that involve regular interaction with violent offenders.

Within the Department of Justice, in addition to those officials who oversee litigating components, the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Director of the Community Relations Service, the Director of the Federal Bureau of Investigation, the Director of the Office on Violence Against Women, the Administrator of the Drug Enforcement Administration, the Deputy Administrator of the Drug Enforcement Administration, the Director of the United States Marshals Service, 94 United States Marshals, the Inspector General of the Department of Justice, and the Special Counsel for Immigration Related Unfair Employment Practices, are all appointed by the President by and with the advice and consent of the Senate.

Despite the significant budget of the Bureau of Prisons and the vast number of people under the responsibility of the Director of the Bureau of Prisons, the Director is not appointed by and with the advice and consent of the Senate.

In general— Section 4041 of title 18, United States Code, is amended by striking “appointed by and serving directly under the Attorney General.” and inserting the following: “who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall serve directly under the Attorney General.”.

Incumbent— Notwithstanding the amendment made by subsection (a), the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act may serve as the Director of the Bureau of Prisons until the date that is 3 months after the date of enactment of this Act.

Rule of construction— Nothing in this Act shall be construed to limit the ability of the President to appoint the individual serving as the Director of the Bureau of Prisons on the date of enactment of this Act to the position of Director of the Bureau of Prisons in accordance with section 4041 of title 18, United States Code, as amended by subsection (a).