Oversight Hearing – Federal Bureau of Prisons

Immigration Enforcement and Sanctuary PoliciesHouse Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies · 2025-02-26 · 119th Congress
The House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies held its first hearing of the 119th Congress to conduct oversight of the Federal Bureau of Prisons, examining chronic correctional-officer staffing shortages, a $3 billion facility repair backlog, and the bureau's new agreement to house ICE detainees. Begins at 0:04:02
Transcript
Highlights

Title

Federal Bureau of Prisons oversight: staffing, infrastructure, and migrant detention

Purpose

The House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies held its first hearing of the 119th Congress to conduct oversight of the Federal Bureau of Prisons, examining chronic correctional-officer staffing shortages, a $3 billion facility repair backlog, and the bureau's new agreement to house ICE detainees. Associate Deputy Director Kathleen Toomey testified as the sole witness, addressing recruitment and retention incentive cuts, cell phone and drone contraband, First Step Act implementation, and the administration's gender-policy and private-prison executive orders. Begins at0:04:02

Who spoke

Chairman Rogers0:04:02: Opened the subcommittee's first hearing, welcomed new and returning members, and outlined concerns about staffing shortages, aging infrastructure, the Leer County facility, and the need for fiscally responsible solutions0:07:370:08:38.

Ranking Member Ming0:11:10: Cited a GAO finding that 45% of released federal inmates are rearrested within three years0:12:42, warned that "augmentation" of non-guard staff into guard duty jeopardizes First Step Act programming0:13:42, and raised concerns about housing migrant detainees costing hundreds of millions of dollars0:14:43.

Associate Deputy Director Kathleen Toomey, BOP0:16:13: Testified BOP houses over 153,000 federal offenders with more than 4,000 vacant positions0:16:43; said BOP paid $229 million in incentives and $438 million in overtime in FY20240:17:13; announced the day before the hearing that retention incentives would be cut 50% or eliminated for about 23,000 staff0:26:19; described a $3 billion modernization/repair backlog with over 4,000 unusable beds0:19:44; and detailed the ICE inter-agency agreement covering five facilities0:50:24.

Rep. Ming (follow-up on incentive cuts)0:29:05: Pressed Toomey on the rationale for the 50% incentive cut, its effect on Miami ahead of migrant intake, and whether DOJ submitted a Section 505 reprogramming request0:29:350:30:36.

Judge Carter0:36:42: Asked about violence against correctional officers, prosecution of inmate attacks, and penalties for assault on federal officers0:36:420:39:14.

Rep. Morelli0:40:14: Asked about the five-year capital repair plan categories0:40:14 and current correctional officer staffing versus the ~23,000 authorized level0:44:170:45:19.

Rep. (Congressman, gender policy questioner)0:45:50: Asked how BOP is implementing the executive order on "gender ideology," confirmed two transgender surgeries costing about $400,000 occurred in 2022-2023 and none are being referred now0:47:52, and discussed staffing shortfalls and the ICE agreement covering Miami, Atlanta, Leavenworth, and Philadelphia with about 700 detainees0:50:54.

Rep. Dean0:51:25: Asked about drug and contraband pathways into prisons, citing NIDA data that 65% of the federal prison population has an active substance use disorder0:51:55; discussed drug treatment program participation (almost 880,000 inmates in FY2024)0:54:56; and asked about the Brooklyn retention incentive's effects, including a drop to three staffing lockdowns since August 20240:55:570:57:28.

Rep. (gang unit/FSA calculator questioner)0:57:28: Raised the DOJ IG's national gang unit audit findings0:57:28, asked about designation of cartels as foreign terrorist organizations0:58:08, and pressed on uneven implementation of the First Step Act earned-time calculator, including a food strike at FPC Montgomery0:59:59.

Rep. (subpoena/Klein-area questioner)1:01:30: Asked about the Judiciary Committee subpoena regarding witness Galanis and alleged sexual assault by BOP guards1:01:30, and whether the guard remains employed1:02:31.

Mr. Klein1:03:31: Followed up on the calculator issue, camera upgrade progress (fiber complete at ~90% of facilities, cameras at ~40%)1:04:32, drone detection coverage at 64 of 120 facilities1:06:03, and inmate phone call policy changes1:07:04.

Mr. Alford1:08:34: Asked whether the U.S. has "the best prison system in the world," raised the reported El Salvador prison deal1:10:05, the $3 billion deferred maintenance backlog versus building new prisons, and the ICE detainee housing agreement covering five facilities1:12:06.

Rep. Ivy1:13:37: Asked about probationary-hire impacts from federal workforce cuts1:13:37, medical staff recruitment challenges (doctors earning 10-20% less than community rates)1:15:09, and the proposed nationwide special pay rate estimated at $2.5 billion over five years1:19:41.

Mr. Gonzalez1:18:41: Asked about anticipated growth in ICE detainee housing requests1:18:41, the impact of a year-long continuing resolution on staffing1:20:42, and funding for MK4 gel spray as a contraband/de-escalation alternative1:22:12.

Mr. Strong1:23:43: Asked about drones (citing DJI software allowing flights over restricted areas) delivering contraband like drugs and cell phones1:24:13, intelligence-sharing on gang/terrorism designations1:26:13, and monitoring of inmate phone communications1:26:43.

Rep. (faith-based programming questioner)1:28:44: Noted that of eight external faith-based First Step Act program applications, five were denied and none currently operate evidence-based programs in BOP, asking why1:29:45.

Mr. Moore of West Virginia1:41:03: Shared an anecdote about swearing in a Jaycees chapter at a federal prison decades ago and asked whether volunteer/church groups still operate in facilities1:43:05.

Rep. (Dublin abuse follow-up questioner)1:44:05: Asked about the Dublin facility sexual abuse scandal, the $115 million settlement, and the independent ombudsman required under the 2024 Federal Prison Oversight Act1:44:351:46:06.

Mr. C (second-round questioner)1:47:06: Asked about starting salary (~$49,000-$59,000), recruiting messaging and college outreach, and the recruitment budget line item1:47:371:49:38.

Rep. (medical cost/commissary questioner)1:50:08: Asked whether BOP has compared in-house versus privatized medical costs and per-meal costs, drawing on his own experience privatizing a county jail's medical services1:50:08.

Chairman Rogers (closing)1:51:38: Thanked Toomey for her service while the bureau awaits a new director and closed the hearing1:52:09.

Key moments

BOP announced the day before the hearing it would cut retention incentives by 50% or eliminate them entirely at seven facilities, affecting about 23,000 staff, including ending student loan repayment for new hires0:26:190:29:35.

Toomey said BOP is short more than 4,000 correctional/staff positions against an authorized level of 20,446 (later cited as needing ~23,000), with current onboard staffing at 15,9920:45:190:48:22.

More than 4,000 prison beds — equivalent to two to three entire prisons — are unusable due to failing roofs, mold, asbestos, or lead, part of a $3 billion modernization backlog0:19:441:33:58.

Two gender-affirming surgeries for federal inmates cost about $400,000 combined in 2022-2023 under the prior administration; BOP is no longer referring inmates for such surgeries under the new executive order0:47:210:47:52.

BOP's agreement with DHS/ICE allows detainee housing at five facilities (Miami, Atlanta, Leavenworth, Philadelphia, Berlin), with about 700 detainees as of the hearing and full cost reimbursement from ICE0:50:540:51:25.

A 35% retention incentive at MDC Brooklyn produced 87 additional hires, raised medical staffing over 90%, and cut staffing-related lockdowns from frequent weekly occurrences to just three since August 20240:56:270:57:28.

Of eight external faith-based First Step Act program applications since 2018, five were denied, two approved applications are non-EBRR "productive activities," and no external faith-based evidence-based recidivism reduction programs currently operate in BOP1:29:451:30:15.

A special salary rate to fully staff and raise correctional officer pay is estimated to cost $2.5 billion over five years1:19:41.

Drone detection technology is installed at only 64 of BOP's 120 facilities, and camera/fiber-optic upgrades under the CAMERA Act are roughly 40% complete, with 37 facilities still awaiting fiber or cameras1:06:031:04:32.

Toomey confirmed BOP previously spent about $400 million annually on private prison contracts (2017-2020) to house non-citizen detainees and has no current opinion on expanding private prison use without additional funding1:37:001:38:02.

Metadata

CommitteeHouse Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies
Chamber / CongressHouse · 119th Congress
Date2025-02-26
TypeHearing
Witnesses
The Honorable Kathleen Toomey — Associate Deputy Director, Federal Bureau of Prisons
Videoyoutube
Transcript216 caption blocks · 16,118 words · 1:53:24 runtime
EventCongress.gov 117920