Congress Questions Bureau of Prisons on Vaccine Distribution

The Federal Bureau of Prisons (BOP) has offered the COVID-19 vaccine to its entire workforce, but just 49 percent have accepted a vaccine as of last week. Meanwhile, other agencies are seeing their employees accept vaccines in larger numbers, causing members of Congress to question the Bureau of Prisons’ vaccine rollout plan. For example, as of last month, 72 percent of the Veterans Health Administration workforce had accepted the vaccine.

At a March 18, 2021 hearing before the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies on the BOP’s pandemic response, BOP Director Michael Carvajal explained that he has shared video messages and information with the workforce regarding the vaccine.

When asked to speak more about why the workforce was refusing the vaccine, Carvajal explained, “I wish I could answer that, but I certainly can’t force it on anyone and I will tell you this, I am vaccinated and I encourage all of my staff to get it.” While BOP has a system to track how many employees have received vaccines, it cannot track how many employees received the vaccine through non-BOP means. Also, since the vaccine has only received emergency use authorization and not full approval, Carvajal cannot compel his employees to take it. In the future, Carvajal said that being vaccinated could be a part of collective bargaining talks with employees.

Representative Dutch Ruppersberger (D-MD) and Representative Charlie Crist (D-FL) both expressed concern that the vaccine was not being taken despite its widespread availability at BOP. Rep. Ruppersberger explained, “It seems to me there has to be a way to change that number, because if the guards aren’t being protected the inmates aren’t being protected.”

During the hearings, lawmakers also raised other concerns about problems within BOP and its handling of COVID-19. Since the onset of the pandemic, there have been over 200  COVID-19 deaths between staff and inmates, and there are concerns that investigations into these deaths were not properly handled.

Shane Fausey, President of the American Federation of Government Employees Council of Prison Locals, which represents over 30,000 BOP correctional officers and staff explained to Government Executive after the hearing, “Insufficient staffing resources have plagued the BOPs daily operations and severely hindered its response to the COVID crisis.”

During the hearing, Carvajal's response to concerns about staffing was that he would increase hiring initiatives and reduce mandatory overtime within the BOP. He also said that he has a continued commitment to both inmate and staff safety.