Text of Senate Amendment 4399

Text of Senate Amendment 4399

Congressional Record, Volume 172 Issue 48 (Tuesday, March 17, 2026) [Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)] [Senate] [Pages S1096-S1097] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4399. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: TITLE__SEX OFFENDER SECURITY CLASSIFICATION INTEGRITY ACT OF 2026 SEC. __01. SHORT TITLE. This title may be cited as the ``Sex Offender Security Classification Integrity Act of 2026''. SEC. __02. DEFINITIONS. In this title: (1) Bureau.--The term ``Bureau'' means the Bureau of Prisons. (2) Low security facility.--The term ``low security facility'' means a Federal correctional institution or other institution of the Bureau classified by the Bureau as low security with a secure perimeter and increased staff to inmate ratio compared to a minimum security facility. (3) Minimum security facility.--The term ``minimum security facility'' means a Federal prison camp or other institution of the Bureau classified by the Bureau as minimum security that permits relatively free inmate movement and, in whole or in part, access to the community or to activities outside a secure perimeter. (4) Public safety factor.--The term ``public safety factor'' means a classification factor used by the Bureau to require placement of an inmate in a more secure facility based on specific offense conduct, criminal history, or other security related characteristics, including a designation as a sex offender. (5) Sex offender.--The term ``sex offender'' means-- (A) a sex offender (as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911)); or (B) any other offender who is subject to a sex offender public safety factor or equivalent designation under the inmate custody classification policies of the Bureau. (6) Sex offense.--The term ``sex offense'' means-- (A) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (34 U.S.C. 20911)); or (B) any other offense which the Bureau has designated a sex offender public safety factor or equivalent designation under the inmate custody classification policies of the Bureau. SEC. __03. FINDINGS. Congress finds the following: (1) The Bureau operates facilities at security levels that include minimum and low security facilities, and uses a custody classification system that assigns public safety factors for certain categories of offenders, including sex offenders. (2) Under longstanding Bureau policy and practice, individuals with a sex offender public safety factor are, by default, ineligible for placement at minimum security facilities, and are instead required to be housed, at a minimum, in low security facilities, absent a formal waiver approved through established procedures. (3) Ghislaine Maxwell, a close confidant of Jeffrey Epstein, was convicted in Federal court in 2022 of serious sex trafficking offenses involving minors and designated as a [[Page S1097]] sex offender for purposes of her Bureau classification. She was originally housed at a low security facility in Tallahassee, Florida. (4) In July 2025, Maxwell was transferred from that low security facility to a minimum security facility in Bryan, Texas, notwithstanding the Bureau's default policy that individuals with sex offender public safety factors are not appropriate for placement in minimum security facilities that permit inmate access to the community, and ordinarily may be transferred there only upon the grant of a waiver by Bureau officials. (5) Public reporting indicates that Maxwell's transfer followed meetings over 2 days with the Deputy Attorney General, Todd Blanche, during which Maxwell provided information relating to matters under review by the Department of Justice. (6) Deputy Attorney General Blanche has publicly defended Maxwell's transfer to a less restrictive, minimum security facility. (7) The apparent deviation from ordinary Bureau policy in Maxwell's case, and the subsequent public defense of that deviation by a senior Department of Justice official, raises serious concerns about whether the security classification system is being applied consistently, transparently, and without favoritism. (8) Congress has a compelling interest in ensuring that individuals convicted of sex offenses are not assigned to facilities that are inconsistent with established security policies, that any exceptions are narrowly justified and subject to clear oversight, and that the Department of Justice maintains the confidence of the public and of crime victims in the even handed administration of Federal criminal sentences. SEC. __04. STATUTORY BASELINE SECURITY LEVEL FOR INDIVIDUALS CONVICTED OF SEX OFFENSES. (a) Baseline Security Level.-- (1) In general.--Notwithstanding any other provision of law, regulation, or policy, the Bureau shall designate and house at a facility that is classified, at a minimum, as a low security facility any inmate who is a sex offender-- (A) has been convicted of a sex offense in a court of the United States; or (B) is subject to a sex offender public safety factor or equivalent designation under the inmate classification system of the Bureau. (2) Prohibition on initial placement at minimum security facilities.--The Bureau may not initially designate or house an inmate described in paragraph (1) at a minimum security facility. (b) Limited Exceptions.-- (1) Medical or geriatric placement.--The Director of the Bureau may, on a case by case basis, authorize the placement of an inmate described in subsection (a)(1) at a minimum security facility if-- (A) the inmate is assigned to, or is being transferred solely for placement in, a secure medical center, residential reentry center, or other specialized unit that is functionally equivalent to low security confinement in terms of perimeter security and community access; or (B) the inmate is of advanced age or has a serious medical condition, and the Director of the Bureau certifies in writing that-- (i) the inmate does not pose a significant risk of escape or danger to the community; and (ii) no appropriate low security or higher security placement is reasonably available to meet the inmate's medical or geriatric needs. (2) Written justification and notice.--Any exception under paragraph (1) shall-- (A) be supported by a written determination signed by the Director of the Bureau that specifically addresses each criterion in paragraph (1); and (B) be transmitted, not later than 30 days after the determination, to-- (i) the Committee on the Judiciary of the Senate; and (ii) the Committee on the Judiciary of the House of Representatives. (3) Recordkeeping.--The Bureau shall maintain, for not less than 10 years, a record of each exception granted under this subsection, including the written determination and the name, register number, offense of conviction, prior security classification, and facility history of the applicable inmate. (c) Transfers.-- (1) Prohibition on down classification to minimum security.--Except as provided in subsection (b), the Bureau may not transfer an inmate described in subsection (a)(1) from a low security facility or a higher security facility to a minimum security facility. (2) No adverse effect on upward transfers.--Nothing in this section shall be construed to prevent the Bureau from transferring an inmate described in subsection (a)(1) to a medium or high security facility when warranted by misconduct, escape risk, or other security concerns. (d) Rule of Construction.--Nothing in this section shall be construed to create a liberty interest in any particular facility, security level, or geographic location, or to limit the authority of the Bureau to manage inmate populations consistent with this section and other applicable law. SEC. __05. TRANSPARENCY AND REPORTING. (a) Annual Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Bureau shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes-- (1) the total number of inmates in Bureau custody during the preceding fiscal year who were classified as sex offenders; (2) the number of such inmates housed, at any point during that fiscal year, at-- (A) minimum security facilities; and (B) low, medium, or high security facilities; (3) the number of written determinations issued under section __04(b)(1), and a brief, non-identifying description of the justification for each such determination; and (4) a description of any changes made during that fiscal year to Bureau policy or practice regarding security classifications or public safety factors for sex offenders. (b) Public Availability.--The Bureau shall make each report submitted under subsection (a) available to the public on the website of the Bureau, except that the Bureau may redact information only to the extent necessary to protect specific law enforcement sensitive information, the safety of any individual, or the security of a particular facility. SEC. __06. REGULATIONS. Not later than 180 days after the date of enactment of this Act, the Director of the Bureau shall revise the inmate security designation and custody classification policies, program statements, and related regulations of the Bureau to conform to the requirements of this title, including explicit incorporation of the statutory baseline security level for individuals convicted of sex offenses and the limitations on placement at minimum security facilities set forth in section __04. SEC. __07. RETROACTIVE EFFECT. As soon as is practicable after the date of enactment of this Act, the Director of the Bureau sh