April 22, 2025–Due Process Institute, the undersigned national, state, and local public health, criminal justice reform, and civil rights organizations wrote to urge Congress to support the funding of the Federal Prison Oversight Act. The passage of the bipartisan Federal Prison Oversight Act (FPOA) marked a major milestone in the push for accountability and transparency within the Federal Bureau of Prisons (BOP). This critical legislation provides a long-overdue framework for addressing systemic issues in federal correctional facilities through comprehensive independent oversight, but its success depends on Congress ensuring it is fully funded in the FY2026 appropriations bill.
The BOP oversees more than 150,000 incarcerated individuals and employs tens of thousands of staff, with an annual budget exceeding $8 billion. Yet, until now, the BOP has operated with limited independent oversight, leading to serious and well-documented consequences for correctional staff, incarcerated individuals, and their families. The FPOA provides solutions to these challenges by:
- Empowering the Department of Justice’s Office of Inspector General (OIG) to conduct independent, risk-based inspections of all 122 federal correctional facilities. Facilities with higher risk scores will undergo more frequent inspections.
- Establishing a Correctional Ombudsman position, responsible for investigating complaints from incarcerated individuals and their representatives, family members, BOP staff and their representatives, Members of Congress, and the judiciary.
- Creating a secure hotline and online form for the submission of complaints, ensuring accessibility and transparency.
We ask that the CJS Appropriations for FY2026 include up to $40 million to enact and sustain the Federal Prison Oversight Act. This funding equates to just 0.5 percent of the BOP budget and is crucial for supporting the Correctional Ombudsman and ensuring their independence; conducting comprehensive, risk-based inspections to improve safety, accountability, and facility conditions; and establishing systems for transparent complaint processing and timely resolution. The near-unanimous bipartisan support for the FPOA reflects a shared recognition that comprehensive oversight is necessary to address the BOP’s systemic challenges. However, without adequate funding, the transformative potential of this legislation cannot be realized. We urge Congress to prioritize dedicated funding for the FPOA in FY2026 appropriations to ensure its timely implementation; reaffirm bipartisan support for this critical initiative; and demonstrating a continued commitment to accountability, transparency, and public safety.
The FPOA is not just about improving conditions within federal prisons—it is about honoring shared values of justice, transparency, and efficient governance. Adequate funding will allow us to build a correctional system that is safer, more accountable, and better aligned with our nation’s principles. Furthermore, independent oversight can prevent abuse, reduce recidivism, and ensure taxpayer dollars are used responsibly. While this is good fiscal policy, without funding, FPOA mandates cannot be effectively implemented.