[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9073 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9073
To improve the environmental health outcomes of incarcerated people and
carceral facility workers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2024
Ms. Pressley (for herself, Mr. Bowman, Ms. Norton, Mrs. Ramirez, and
Ms. Tlaib) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve the environmental health outcomes of incarcerated people and
carceral facility workers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Environmental
Health in Prisons Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
Sec. 4. Improving environmental monitoring and reporting at Federal
carceral facilities.
Sec. 5. Communicating health information and options.
Sec. 6. National Environmental Policy Act Considerations.
Sec. 7. Procurement language.
Sec. 8. Creating model programs for environmental health improvements.
Sec. 9. Grant program to improve environmental health outcomes for
people in State, local, and Tribal carceral
facilities.
Sec. 10. Report on mitigation and adaptation measures.
Sec. 11. Prohibition on penalization or retaliation.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) many of the specific examples of environmental
injustice detailed in subsection (a) are widespread at carceral
facilities throughout the United States;
(2) many of the examples of environmental injustice
detailed in subsection (a) are also commonly encountered within
communities with higher than average incarceration rates,
thereby perpetuating systemic patterns of environmental harm;
(3) racial minorities and LGBTQ+ people are more likely to
be incarcerated and therefore bear a disproportionate burden of
the environmental health impacts of mass incarceration; and
(4) incarcerated people and carceral facility staff
should--
(A) have the right to a healthy living environment;
(B) have access to reasonable alternatives and
options during environmental health emergencies; and
(C) have access to comprehensible information
regarding environmental health variables, rights, and
mitigation and adaptation measures to overcome
environmental health threats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
the Judiciary and the Committee on Environment and Public Works
of the Senate and the Committee on the Judiciary, the Committee
on Oversight and Accountability, and the Committee on Energy
and Commerce of the House of Representatives.
(2) Carceral facility.--The term ``carceral facility''--
(A) means physical infrastructure or an environment
in which currently incarcerated people are held or
required to spend significant periods of time; and
(B) includes a prison, jail, juvenile detention
center, juvenile secure facility, mental health
facility, treatment facility, rehabilitation center,
civil commitment facility, civil detention facility,
and immigration facility.
(3) Carceral facility staff.--The term ``carceral facility
staff''--
(A) means a person employed at or by, or who
volunteers at, a carceral facility who faces exposure
to similar environmental stressors as people
incarcerated at the facility; and
(B) includes a person described in subparagraph (A)
who is a correctional officer, guard, contractor,
grounds staff, maintenance staff, cafeteria staff,
commissary and canteen staff, program staff, educator,
healthcare worker, religious staff, legal counsel or
advocate, or volunteer.
(4) Comprehensible information.--The term ``comprehensible
information'', with respect to information communicated to an
incarcerated person, means a standard of accessibility that--
(A) is in agreement with a native language of the
person or a language the person speaks or reads with
enough fluency to comprehend technical information;
(B) facilitates comprehension based on the
educational level and disability status of the person;
(C) provides opportunity to seek out clarification
and ask questions regarding the information and its
implications for environmental health; and
(D) complies with section 504 of the Rehabilitation
Act of 1974 (29 U.S.C. 794), and its implementing
regulations or any successor regulations, and title II
of the Americans with Disabilities Act (42 U.S.C. 12131
et seq.), and its implementing regulations or any
successor regulations.
(5) Director.--The term ``Director'' means the Director of
the Federal Bureau of Prisons.
(6) Environmental health.--The term ``environmental
health'' means aspects of human health, including quality of
life and disease, that are impacted by environmental stressors.
(7) Environmental stressor.--The term ``environmental
stressor'' means a physical, biological, chemical, or other
aspect of the natural or built environment, including the
presence or absence of functional infrastructure, which can
lead to adverse health outcomes.
(8) Exposure.--The term ``exposure'' means the condition of
being subject to an environmental stressor through inhalation,
consumption, drinking, absorption, ambient conditions, or close
proximity.
(9) Federal carceral facility.--The term ``Federal carceral
facility'' means a carceral facility operated by, affiliated
with, or operated under a contract with--
(A) the Bureau of Prisons;
(B) the United States Marshals Service;
(C) U.S. Immigration and Customs Enforcement; or
(D) the Bureau of Indian Affairs.
(10) Incarcerated person.--The term ``incarcerated
person''--
(A) means an individual held in a carceral
facility; and
(B) includes an individual awaiting trial, an
individual awaiting a ruling by an immigration judge,
and an individual serving a sentence.
(11) State, local, or tribal carceral facility.--The term
``State, local, or Tribal carceral facility'' means a carceral
facility operated by, affiliated with, or operated under a
contract with a State, local, or Tribal government.
(12) Superfund site.--The term ``Superfund site'' means a
hazardous waste site or a site on the National Priorities List
developed by the President in accordance with section
105(a)(8)(B) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9605(a)(8)(B)).
(13) Vulnerable population.--The term ``vulnerable
population''--
(A) means a group of incarcerated people and
carceral facility staff who are at higher risk of
exposure to environmental stressors or higher risk of
negative health outcomes from exposure to environmental
stressors; and
(B) includes--
(i) people who are older than 50 years of
age;
(ii) children;
(iii) adolescents;
(iv) young adults who are between 18 years
of age and 25 years of age;
(v) pregnant, post-natal, or breastfeeding
people;
(vi) people who have preexisting medical
conditions or take medications that can make
them more susceptible to heat or cold;
(vii) people who work or labor at sites
having conditions hazardous to human health;
(viii) people who have a disability that
makes them especially susceptible to
environmental stressors or less able to
mitigate exposure to environmental stressors;
(ix) people who have been substantially and
cumulatively exposed to environmental stressors
on account of the duration of their sentence;
and
(x) people who are not yet acclimated to
environmental stressors that are commonly
experienced during incarceration, including
those who have been incarcerated for less than
1 year from the date of intake.
SEC. 4. IMPROVING ENVIRONMENTAL MONITORING AND REPORTING AT FEDERAL
CARCERAL FACILITIES.
(a) Data.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Director,
the Director of the United States Marshals Service, the
Director of U.S. Immigration and Customs Enforcement, and the
Director of the Bureau of Indian Affairs, in coordination with
the Administrator of the Environmental Protection Agency, shall
make publicly available, including on a publicly accessible
website, data on the prevalence of, and exposure to,
environmental stressors at Federal carceral facilities,
including--
(A) the ambient air quality of outdoor recreational
space and how levels of carbon monoxide, lead, nitrogen
oxides, ground-level ozone, particulate matter, and
sulfur dioxide compare to the National Ambient Air
Quality Standards of the Environmental Protection
Agency;
(B) the indoor air quality of spaces in which
incarcerated people are held or to which incarcerated
people have access;
(C) how the indoor air quality of spaces described
in subparagraph (B) compares to--
(i) thresholds defined by the Air Quality
Index; and
(ii) action levels issued by the
Environmental Protection Agency, including the
radon action level;
(D) how the indoor air quality infrastructure
compares to standards promulgated and guidance issued
by the Occupational Safety and Health Administration
and the American Society of Heating, Refrigerating and
Air-Conditioning Engineers;
(E) the presence of asbestos;
(F) the quality of water that incarcerated people
receive to drink, use for sanitary purposes, or
otherwise consume relative to--
(i) primary drinking water regulations or
secondary drinking water regulations (as those
terms are defined in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f)); and
(ii) the regulatory standards set by the
State or Tribal agency that has jurisdiction
over the facility;
(G) the mean and range of temperatures and heat
stress indices, taking into account humidity, to which
incarcerated people are exposed in different seasons;
(H) the presence of pests, mold, and communicable
diseases;
(I) access to natural light, light levels conducive
to sleep, and green space;
(J) the quality of the diets of incarcerated people
relative to the Dietary Guidelines for Americans
published by the Department of Health and Human
Services and the Department of Agriculture;
(K) the levels of noise in areas where incarcerated
people spend or are required to spend significant
amounts of time; and
(L) how the noise levels described in subparagraph
(K) compare to guidance issued by the Centers for
Disease Control and the Occupational Safety and Health
Administration.
(2) Data principles.--The Director, the Director of the
United States Marshals Service, the Director of U.S.
Immigration and Customs Enforcement, and the Director of the
Bureau of Indian Affairs shall ensure that the data published
under paragraph (1)--
(A) reflect conditions at the point of use or
exposure of incarcerated people;
(B) abide by the principles of findability,
accessibility, interoperability, and reusability, as
commonly defined in scientific literature;
(C) are timely and freely available;
(D) are published in a machine-readable file
format, to support academic research, journalistic
investigation, and advocacy;
(E) to the extent practicable, are provided in a
format and are accompanied by information, such as the
number of incarcerated people at the facility and
capacity of the facility, that facilitates use by the
judicial system in determining sentencing and
eligibility for incarceration diversion programs;
(F) to the extent practicable, while maintaining
anonymity, are disaggregated by facility, State,
location, race, ethnicity, immigration status, native
language, sexual orientation, sex, gender, educational
achievement, age, disability status, pregnancy status,
duration of sentence, previous incarceration history,
and category of the criminal charge against the person;
(G) to the extent practicable, are disaggregated to
levels that track exposure at the level of discrete
individuals, ensuring that personally identifiable
information is removed; and
(H) to the extent practicable, include information
on economic cost and years of life lost associated with
the cumulative exposure of incarcerated people and
carceral facility staff to environmental stressors at
Federal carceral facilities.
(b) Advisory Panel.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director, in coordination with the
Director of the United States Marshals Service, the Director of
U.S. Immigration and Customs Enforcement, and the Director of
the Bureau of Indian Affairs, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish and provide resources for an independent advisory
panel authorized to--
(A) conduct research on environmental health at all
Federal carceral facilities;
(B) provide recommendations to increase monitoring
of environmental stressors at all Federal carceral
facilities;
(C) provide recommendations for policy
interventions to mitigate and adapt to environmental
health threats at all Federal carceral facilities;
(D) advise on which environmental stressors arise
from factors within Federal carceral facilities and
which environmental stressors arise from factors
external to Federal carceral facilities, and advise on
interagency collaborations to mitigate these external
factors; and
(E) advise on any emergency management protocols
established to respond to environmental health threats
at facilities.
(2) Members.--The advisory panel established under
paragraph (1) shall be comprised of public health researchers
and experts, currently and formerly incarcerated people, people
currently and formerly incarcerated in juvenile justice
systems, carceral facility staff, carceral facility staff union
leaders, organizations that seek to improve the environmental
health of incarcerated people and people incarcerated in
juvenile justice systems, and community-based organizations
that represent currently and formerly incarcerated people.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, and every 5 years thereafter, the Director, in coordination
with the Director of the United States Marshals Service, the Director
of U.S. Immigration and Customs Enforcement, and the Director of the
Bureau of Indian Affairs, shall submit to the appropriate congressional
committees and make publicly available a report detailing, for each
Federal carceral facility--
(1) applicable recommendations described in subsection (b);
(2) the prevalence and quantitative measurements of the
environmental stressors described in section 4(a)(1); and
(3) compiled narratives or qualitative data provided by
incarcerated people, formerly incarcerated people who were
released from custody not more than 5 years before the date on
which the report is submitted, and carceral facility staff on
environmental health conditions.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the monitoring and
data reporting requirements under this section.
SEC. 5. COMMUNICATING HEALTH INFORMATION AND OPTIONS.
(a) Bureau of Prisons.--Not later than 2 years after the date of
enactment of this Act, the Attorney General, acting through the
Director, shall conduct assessments of existing data and establish
regulations that ensure that incarcerated people and carceral facility
staff in each Federal carceral facility under the jurisdiction of the
Bureau of Prisons receive, upon intake or commencement of employment,
and annually thereafter, oral and written comprehensible information
on--
(1) the prevalence and quantitative measurements of
environmental stressors in the respective Federal carceral
facility, including the data made available under section
4(a)(1).
(2) the risk of exposure to environmental stressors known
to present a threat to environmental health in the respective
Federal carceral facility to--
(A) the general incarcerated population;
(B) vulnerable populations within the general
incarcerated population; and
(C) carceral facility staff;
(3) measures being undertaken by the Director to mitigate
or adapt to environmental stressors known to present a threat
to environmental health in the respective Federal carceral
facility; and
(4) a complete list of options and protective measures
available to incarcerated people and carceral facility staff to
address the risk of harm from exposure to environmental
stressors known to present a threat to environmental health in
the respective Federal carceral facility, including--
(A) associated costs and lower-cost or cost-free
alternatives; and
(B) instructions on how incarcerated people and
carceral facility staff can avail themselves of these
options.
(b) Other Federal Carceral Facilities.--Not later than 5 years
after the date of enactment of this Act, the Director of the United
States Marshals Service, the Director of U.S. Immigration and Customs
Enforcement, and the Director of the Bureau of Indian Affairs shall
conduct assessments of existing data and establish regulations
substantially similar to the regulations established under subsection
(a) for each Federal carceral facility under their respective
jurisdictions.
(c) Cause of Action.--Notwithstanding section 7 of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e), any incarcerated
person or carceral facility staff aggrieved by a violation of the
information communication requirements under subsection (a) or (b) may
bring an action under this subsection against the relevant Federal
agency in the district court of the United States for the district
containing the facility at which the violation is alleged to have
occurred for the relief available under subsection (d).
(d) Relief.--Relief for a person prevailing in an action brought
under subsection (c) may include--
(1) mandatory injunctive relief to provide such information
as required under subsection (a) or (b);
(2) damages for adverse health outcomes resulting from the
withholding of information on environmental health conditions
required under subsection (a) or (b); and
(3) compensation for litigation costs, filing fees, expert
witness fees, and reasonable attorneys' fees.
(e) Publication of Information.--
(1) Bureau of prisons.--Not later than 60 days after
information is first provided to the relevant incarcerated
people and carceral facility staff pursuant to the regulations
promulgated under subsection (a), the Director shall make that
information and any associated material available on a publicly
accessible website.
(2) Other federal carceral facilities.--Not later than 180
days after information is first provided to the relevant
incarcerated people and carceral facility staff pursuant to the
regulations promulgated under subsection (b), the director of
the agency that the carceral facility is operated by,
affiliated with, or under contract with shall make that
information and any associated material publicly available.
(f) State Guidance.--Beginning in the fifth fiscal year following
the date of enactment of this Act, and in each fiscal year thereafter,
for each State that receives a grant under subpart 1 of part E of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10151 et seq.) that does not have in effect throughout the State for
the fiscal year laws, regulations, or guidance that mandate
substantially similar requirements to the requirements under subsection
(a), the Attorney General shall ensure that 25 percent of the grant
funding that would otherwise be allocated to the State under such
subpart shall be set aside for use to remediate environmental health
threats in carceral facilities in the State.
SEC. 6. NATIONAL ENVIRONMENTAL POLICY ACT CONSIDERATIONS.
(a) Use of Data.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, the Secretary of Homeland
Security, and the Secretary of the Interior, in consultation with the
Administrator of the Environmental Protection Agency, the Council on
Environmental Quality, and the National Environmental Justice Advisory
Council, after taking into consideration recommendations from the
advisory panel and data reported pursuant to section 4, shall review
and update procedures relating to the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to major Federal actions carried out at Federal carceral facilities.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Attorney General, in coordination with the Secretary of
Homeland Security and the Secretary of the Interior, shall submit a
report to the appropriate congressional committees detailing how the
agencies' procedures relating to the implementation of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to major Federal actions carried out at Federal carceral facilities
have been updated pursuant to subsection (a).
(c) Content of Environmental Impact Statements.--
(1) Environmental justice analysis.--An environmental
impact statement prepared for a proposed agency action relating
to Federal carceral facilities completed pursuant to section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) shall include an analysis of the direct,
indirect, and cumulative environmental impacts of the proposed
action on communities with environmental justice concerns,
including both surrounding communities and populations of
incarcerated people and carceral facility staff within the
relevant facility.
(2) Alternatives to incarceration.--An environmental impact
statement prepared for a proposed agency action relating to new
construction or expansion of Federal carceral facilities
completed pursuant to section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall
include, as part of the analysis of reasonable alternatives
required pursuant to that section, analyses regarding
decarceration, diversion, compassionate release, and other
programs designed to reduce the size of the incarcerated
population.
(d) Access to Documentation.--All draft and final environmental
assessments, findings of no significant impact, categorical exclusion
determinations, environmental impact statements, and supporting
documentation, including Federal Register notices shall also be made
readily and freely accessible to incarcerated people at, or who are
foreseeably likely to be transferred to, facilities impacted by the
applicable major Federal action, by proactively providing incarcerated
people and carceral facility staff with opportunities to access and
study physical or digital copies of the documents.
(e) Opportunity for Comment.--All incarcerated people and carceral
facility staff at, or who are foreseeably likely to be transferred to
or employed at, facilities impacted by a major Federal action that is
subject to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) shall be given the opportunity to participate in the
scoping and public review process for an environmental impact statement
by being given access to resources to study the environmental impact
statement and submit public comments.
(f) Inclusion in Agency Record of Decision.--The relevant Federal
agency shall include in its record of decision or finding of no
significant impact, as applicable, prepared for any review process
subject to the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) a summary of how the feedback from incarcerated people
and carceral facility staff pursuant to subsection (e) was factored
into the agency's decision-making process.
SEC. 7. PROCUREMENT LANGUAGE.
Not later than 180 days after the date of enactment of this Act,
the Director, the Director of the United States Marshals Service, the
Director of U.S. Immigration and Customs Enforcement, and the Director
of the Bureau of Indian Affairs, in coordination with the Administrator
of the General Services Administration, shall implement procurement
language that gives preference to contractors and vendors that, for any
given contract, demonstrate that any infrastructure installation in a
Federal carceral facility as a result of new construction, maintenance,
a retrofit, a repair, or rehabilitation of the Federal carceral
facility aids in improving the environmental health of incarcerated
people and carceral facility staff.
SEC. 8. CREATING MODEL PROGRAMS FOR ENVIRONMENTAL HEALTH IMPROVEMENTS.
(a) Feasibility Studies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director, in coordination with the
Director of the United States Marshals Service, the Director of
U.S. Immigration and Customs Enforcement, and the Director of
the Bureau of Indian Affairs, in consultation with the advisory
panel established under section 4(b), shall conduct and make
publicly available feasibility studies to investigate the
potential environmental health benefits of improvements to
carceral facilities for incarcerated people, carceral facility
staff, and residents of surrounding communities.
(2) Scope of studies.--The studies conducted pursuant to
paragraph (1) shall investigate not fewer than 10 Federal
carceral facilities that have a variety of security levels and
in total hold not fewer than 5,000 incarcerated people.
(3) Consultation.--In conducting the feasibility studies
required under paragraph (1), the Director shall consult with
the advisory panel established under section 4(b), the
Administrator of the Environmental Protection Agency, the
Secretary of Energy, the Secretary of Labor, and the heads of
other relevant Federal agencies.
(4) Facilities.--At least one facility under the
jurisdiction of each of the Bureau of Prisons, the United
States Marshals Service, U.S. Immigration and Customs
Enforcement, and the Bureau of Indian Affairs shall be the
subject of a feasibility study required under paragraph (1).
(5) Subjects.--The feasibility studies required under
paragraph (1) shall study the costs, security considerations,
and anticipated health benefits of decreasing the size of the
incarcerated population, updating, installing, or retrofitting
infrastructure in Federal carceral facilities and establishing,
supporting, or expanding programs in order to minimize exposure
or increase resiliency to environmental stressors at the point
of use or exposure to such stressors, including factors such
as--
(A) air quality, ventilation, heating, insulation,
air conditioning, shade, and air filtration;
(B) fire safety;
(C) water treatment, filtration, and softening;
(D) asbestos abatement;
(E) pest, mold, and communicable disease abatement;
(F) natural light;
(G) noise pollution;
(H) waste management;
(I) opportunities for exercise available to
incarcerated people;
(J) green space, including gardens, indoor plants,
and other healthy vegetation visible to incarcerated
people; and
(K) organic farming, hydroponics, greenhouses, and
other methods of producing nutritious foods at or near
Federal carceral facilities consumed by incarcerated
people within the facility.
(b) Prioritization.--In selecting Federal carceral facilities on
which to focus the studies conducted under subsection (a)(1), the
Director, in coordination with the Director of the United States
Marshals Service, the Director of U.S. Immigration and Customs
Enforcement, and the Director of the Bureau of Indian Affairs, shall
prioritize Federal carceral facilities based on--
(1) the size of the vulnerable population at the Federal
carceral facility;
(2) the known prevalence of environmental stressors at the
Federal carceral facility;
(3) the degree to which studies would fill data gaps in
environmental health at the Federal carceral facility;
(4) the proximity of the Federal carceral facility to
sources of pollution, such as landfills, factories, and
Superfund sites; and
(5) the age of the environmental health infrastructure of
the Federal carceral facility.
(c) Feedback.--The Director, in coordination with the Director of
the United States Marshals Service, the Director of U.S. Immigration
and Customs Enforcement, and the Director of the Bureau of Indian
Affairs, shall solicit feedback on the feasibility studies conducted
under subsection (a)(1) by--
(1) establishing a forum for public comment that enables
feedback from stakeholders, including--
(A) incarcerated people and formerly incarcerated
people;
(B) Federal carceral facility staff;
(C) family and friends of incarcerated people;
(D) contractors of Federal carceral facilities;
(E) relevant community-based organizations;
(F) relevant organizations;
(G) healthcare providers; and
(H) public health researchers; and
(2) soliciting the opinion of the advisory panel
established under section 4(b).
(d) Facility Improvements.--
(1) In general.--Not later than 1 year after the date on
which the Director makes the feasibility studies conducted
pursuant to subsection (a)(1) publicly available, the Director,
in coordination with the Director of the United States Marshals
Service, the Director of U.S. Immigration and Customs
Enforcement, and the Director of the Bureau of Indian Affairs,
in consultation with the advisory panel established under
section 4(b), shall make improvements to the environmental
health of incarcerated people and carceral facility staff at
not fewer than 5 of the Federal carceral facilities that were
the subject of feasibility studies by decreasing the size of
the incarcerated population, updating, installing, or
retrofitting infrastructure in the facilities, or establishing,
supporting, or expanding programs pursuant to paragraph (3).
(2) Considerations.--In carrying out paragraph (1), the
Director, in coordination with the Director of the United
States Marshals Service, the Director of U.S. Immigration and
Customs Enforcement, and the Director of the Bureau of Indian
Affairs, shall take into account--
(A) the feasibility studies conducted under
subsection (a)(1); and
(B) the feedback received pursuant to subsection
(c).
(3) Scope of improvements.--In carrying out paragraph (1),
funds may only be used to--
(A) improve infrastructure in carceral facilities
relating to air quality, ventilation, temperature,
water quality, water treatment, waste management, noise
pollution, and light pollution;
(B) increase the access of incarcerated people and
carceral facility staff to natural light and green
space;
(C) establish, support, or expand opportunities for
incarcerated people to grow or raise nutritious and
culturally relevant food through organic farming,
hydroponics, or greenhouses to be consumed by
incarcerated people within the carceral facility at
which the food is grown;
(D) improve the nutrition of meals served to
incarcerated people, including when feasible by serving
fresh fruits and vegetables at no additional charge;
(E) improve the occupational health and safety of
incarcerated people by providing personal protective
equipment and establishing safer work opportunities;
(F) educate incarcerated people and carceral
facility staff on strategies and options to minimize
exposure to environmental stressors and otherwise
safeguard or improve environmental health;
(G) train carceral facility staff to recognize
signs of illness relating to environmental health and
appropriately intervene to mitigate the environmental
stressors causing such illnesses;
(H) establish, support, or expand pretrial
diversion, reentry, compassionate release, and other
programs that provide an alternative to incarceration,
especially for vulnerable populations;
(I) improve access to quality medical care from
non-profit providers for incarcerated people and
carceral facility staff, including physical and mental
health care, ensure medical personnel in carceral
facilities are adequately trained to detect and treat
illnesses related to environmental health, and
facilitate the transfer of health records to community
providers as people exit the criminal justice system to
facilitate continuity of care; and
(J) purchase items that could be used to rapidly
mitigate exposure to environmental health stressors in
times of an emergency without additional cost to
incarcerated people and carceral facility staff, such
as clothing, blankets, bottled water, fans, and air
filters.
(4) Compensation of community based organizations.--Funds
may be used to compensate community based organizations and
other non-profit organizations that support or further the
improvements and programs listed under paragraph (3).
(5) Restriction.--In carrying out this subsection--
(A) funds may not be used to carry out
infrastructure improvements or actions that increase
the capacity of Federal carceral facilities to hold
additional incarcerated people;
(B) funds may not be used to pay carceral facility
staff; and
(C) not more than 5 percent of the funds
appropriated pursuant to subsection (e) may be used for
the purposes of carrying out subparagraphs (I) or (J)
of paragraph (3).
(6) Completion date.--The programs established under
paragraph (1) shall be completed not later than 5 years after
the feasibility studies conducted under subsection (a)(1) are
made publicly available pursuant to such subsection.
(7) Participation.--To the extent practicable, including
through reevaluation of policies that restrict the access of
incarcerated people to tools or restrict the time incarcerated
people spend outside of cells at carceral facilities, the
Director shall provide opportunities for incarcerated people to
actively participate in the improvements described in paragraph
(1).
(8) Report.--Not later than 1 year after the completion of
the programs established under paragraph (1), the Director, in
coordination with the Director of the U.S. Marshals Service,
the Director of U.S. Immigration and Customs Enforcement, and
the Director of the Bureau of Indian Affairs, shall submit to
the appropriate congressional committees a report detailing the
outcomes of the programs established, supported, or expanded
under paragraph (1), including--
(A) quantitative indicators of the success of the
programs at improving the environmental health of
incarcerated people and carceral facility staff,
including, when feasible, data disaggregated by race,
ethnicity, sex, gender, primary language, age,
disability status, sexuality, and, in the case of an
incarcerated person, the category of the criminal
charge against the person;
(B) relevant quantitative and qualitative
evaluations of incarcerated people and carceral
facility staff on the perceived impact of the program;
and
(C) strategies to replicate the programs at other
Federal carceral facilities.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2025 through 2029.
SEC. 9. GRANT PROGRAM TO IMPROVE ENVIRONMENTAL HEALTH OUTCOMES FOR
PEOPLE IN STATE, LOCAL, AND TRIBAL CARCERAL FACILITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State government;
(B) a local government; or
(C) a federally recognized Tribal government.
(2) Program.--The term ``Program'' means the Environmental
Health for Incarcerated People Grant Program established under
subsection (b).
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(b) Establishment.--There is established within the Office of
Environmental Justice and External Civil Rights of the Environmental
Protection Agency the Environmental Health for Incarcerated People
Grant Program.
(c) Awards.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency,
acting through the Assistant Administrator of the Office of
Environmental Justice and External Civil Rights, shall award grants
under the Program to eligible entities for the purpose of decreasing
the size of the incarcerated population, updating, installing, or
retrofitting infrastructure, or establishing, supporting, or expanding
programs in State, local, and Tribal carceral facilities to improve
environmental health outcomes for incarcerated people and carceral
facility staff pursuant to subsection (g).
(d) Applications.--An eligible entity seeking a grant under the
Program shall submit to the Office of Environmental Justice and
External Civil Rights an application at such time, in such manner, and
containing such information as the Assistant Administrator of the
Office of Environmental Justice and External Civil Rights may require.
(e) Consultation.--In awarding grants under the Program, the
Assistant Administrator of the Office of Environmental Justice and
External Civil Rights shall consult stakeholders, such as--
(1) relevant community-based organizations, such as
organizations that represent incarcerated and formerly
incarcerated people including people currently and formerly
incarcerated in juvenile secure facilities and civil commitment
facilities, and organizations that seek to improve
environmental health outcomes for incarcerated people and
carceral facility staff;
(2) environmental and public health researchers and policy
experts; and
(3) relevant advocacy organizations.
(f) Priority.--In awarding grants under the Program, the Assistant
Administrator of the Office of Environmental Justice and External Civil
Rights shall prioritize eligible entities based on--
(1) the size of the vulnerable population incarcerated
under the jurisdiction of the eligible entity;
(2) the known prevalence of environmental stressors in or
near carceral facilities under the jurisdiction of the eligible
entity;
(3) the degree to which grants would fill gaps in data on
environmental health variables described in subsection (g) at
State, local, and Tribal carceral facilities;
(4) the proximity of carceral facilities under the
jurisdiction of the eligible entity to sources of pollution,
such as landfills, factories, and Superfund sites; and
(5) the extent to which the eligible entity has
demonstrated a commitment to improving the environmental health
of incarcerated people, including by making--
(A) prior investments in environmental health
infrastructure at carceral facilities; and
(B) prior efforts to comply with court-ordered
schedules to meet environmental standards at carceral
facilities.
(g) Use of Funds.--An eligible entity that receives a grant under
the Program shall use amounts from the grant to decrease the size of
the incarcerated population, update, install, or retrofit
infrastructure, and establish, support, or expand programs that
minimize environmental stressors at points of use or exposure of
incarcerated people by--
(1) improving infrastructure in carceral facilities
relating to air quality, ventilation, temperature, shade, water
quality, water treatment, waste management, noise pollution, or
light pollution;
(2) increasing the access of incarcerated people and
carceral facility staff to natural light and green space;
(3) establishing, supporting, or expanding opportunities
for incarcerated people to grow or raise nutritious and
culturally relevant food through organic farming, hydroponics,
or greenhouses to be consumed by incarcerated people within the
carceral facility at which the food is grown;
(4) improving the nutrition of meals served to incarcerated
people, including by serving fresh fruits and vegetables at no
additional charge;
(5) improving the occupational health and safety of
incarcerated people by providing personal protective equipment
and establishing safer work opportunities;
(6) educating incarcerated people and carceral facility
staff on strategies and options to minimize exposure to
environmental stressors and otherwise safeguard or improve
environmental health;
(7) training carceral facility staff to recognize signs of
illness relating to environmental health and appropriately
intervene to mitigate the environmental stressors causing such
illnesses;
(8) establishing, supporting, or expanding pretrial
diversion, reentry, compassionate release, and other programs
that provide an alternative to incarceration, especially for
vulnerable populations;
(9) improving access to quality medical care from non-
profit providers for incarcerated people and carceral facility
staff, including physical and mental health care, ensuring
medical personnel in carceral facilities are adequately trained
to detect and treat illnesses related to environmental health,
and facilitating the transfer of health records to community
providers as people exit the criminal justice system to
facilitate continuity of care; or
(10) purchasing items that could be used to rapidly
mitigate exposure to environmental health stressors in times of
an emergency without additional cost to incarcerated people and
carceral facility staff, such as clothing, blankets, bottled
water, fans, and air filters.
(h) Compensation of Community Based Organizations.--An eligible
entity that receives a grant under the Program may use amounts from the
grant to compensate community based organizations and other non-profit
organizations that support or further the improvements and programs
pursuant to subsection (g).
(i) Restrictions.--In carrying out this subsection--
(1) funds may not be used to carry out infrastructure
improvements or actions that increase the capacity of carceral
facilities to hold additional incarcerated people;
(2) funds may not be used to pay carceral facility staff;
and
(3) an eligible entity may not use more than 5 percent of
amounts from a grant awarded under the Program to facilitate
the aims pursuant to subsection (g)(9) or purchase rapid
response items pursuant to subsection (g)(10).
(j) Duration.--A grant awarded under the Program shall be for a 5-
year period.
(k) Duties.--A State, local, or Tribal government that receives a
grant under the Program shall--
(1) implement the program or initiative funded by the
grant; and
(2) not later than 1 year after the date of the termination
of the grant, report to the Attorney General outputs and
outcomes of the program or initiative described in paragraph
(1), including information on--
(A) quantitative indicators of the success of the
program or initiative at improving the environmental
health of incarcerated people and carceral facility
staff, including data disaggregated by race, ethnicity,
sex, gender, primary language, age, disability status,
sexuality, and, in the case of an incarcerated person,
the category of the criminal charge against the person;
(B) relevant quantitative and qualitative
evaluations of incarcerated people and carceral
facility staff on the perceived impact of the program
or initiative;
(C) strategies to sustain the program or initiative
beyond the duration of the grant;
(D) emergency management protocols for responding
to environmental health threats at carceral facilities
under the jurisdiction of the grant recipient; and
(E) strategies to replicate the successful aspects
of the program or initiative at other carceral
facilities.
(l) Report.--Not later than 6 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall submit to the appropriate congressional committees a report
detailing the outcomes of grants awarded under the Program.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Administrator of the Office of
Environmental Justice and External Civil Rights to carry out this
section $50,000,000 for each of fiscal years 2025 through 2029.
(n) Distribution of Funds.--Not less than 15 percent of funds
appropriated under this section shall be directed to support programs
and initiatives that benefit Tribal carceral facilities.
SEC. 10. REPORT ON MITIGATION AND ADAPTATION MEASURES.
Not later than 2 years after the date of enactment of this Act, and
every 5 years thereafter, the Director, in coordination with the
Director of the United States Marshals Service, the Director of U.S.
Immigration and Customs Enforcement, and the Director of the Bureau of
Indian Affairs, shall submit to the appropriate congressional
committees a report detailing--
(1) rapid-response and longer-term measures undertaken at
Federal carceral facilities to--
(A) mitigate the exposure of incarcerated people
and staff of Federal carceral facilities to ambient air
pollutants;
(B) improve indoor air quality;
(C) improve water quality at point of use and
increase access to safe water for incarcerated people
and carceral facility staff;
(D) mitigate the exposure of incarcerated people
and staff of Federal carceral facilities to extreme
cold and heat;
(E) increase opportunities for incarcerated people
and staff of Federal carceral facilities to access
natural light and green space;
(F) ensure incarcerated people have access to a
healthy, culturally relevant, and nutritious diet;
(G) abate asbestos, pests, mold, and communicable
diseases;
(H) improve the occupational health and safety of
incarcerated laborers and carceral facility staff; and
(I) improve access to quality medical care for
incarcerated people and carceral facility staff,
including physical and mental health care, and ensure
medical personnel in carceral facilities are adequately
trained to detect and treat illnesses related to
environmental health.
(2) plans in place to mitigate or adapt to events, such as
natural disasters or equipment failure, that increase the
exposure of incarcerated people and staff of Federal carceral
facilities to environmental stressors;
(3) evaluations from incarcerated people describing the
extent to which the measures and plans described under
paragraphs (1) and (2) are conducive to improving or protecting
the environmental health of vulnerable populations within
Federal carceral facilities; and
(4) data limitations and monitoring constraints that
inhibit the mitigation of or adaptation to environmental
stressors at Federal carceral facilities.
SEC. 11. PROHIBITION ON PENALIZATION OR RETALIATION.
(a) Definition.--In this section, the term ``penalized or
retaliated against'' includes actions such as--
(1) being placed in solitary confinement;
(2) having employment terminated;
(3) being placed on employment leave;
(4) being assigned to unfavorable labor;
(5) being transferred to a different cell, cellblock, or
facility;
(6) having privileges revoked; or
(7) being subjected to unequal enforcement of policies.
(b) Federal Carceral Facilities.--A person incarcerated at, or
carceral facility staff employed at, a Federal carceral facility may
not be penalized or retaliated against for--
(1) requesting, responding to requests for, or volunteering
information pursuant to this Act on environmental health
conditions in any Federal carceral facility, including
requesting information collected pursuant to section 4, serving
on or communicating with the advisory panel established under
section 4, or providing evaluations for inclusion in the
reports submitted under sections 4, 8, and 10; or
(2) filing an administrative complaint pursuant to
subsection (f).
(c) State, Local, and Tribal Carceral Facilities.--A person
incarcerated at, or carceral facility staff employed at, a carceral
facility operated by, affiliated with, or operated under a contract
with a State or federally recognized Indian Tribe that has received
funds from a grant under section 9 may not be penalized or retaliated
against for--
(1) requesting, responding to requests for, or volunteering
information on environmental health conditions in any State,
local, or Tribal carceral facility, including providing
evaluations for inclusion in reports under section 9; or
(2) filing an administrative complaint pursuant to
subsection (f).
(d) Cause of Action.--Notwithstanding section 7 of the Civil Rights
of Institutionalized Persons Act (42 U.S.C. 1997e), any person who
alleges penalization or retaliation in violation of subsection (b) or
(c) may bring an action under this subsection against the Federal,
State, local, or Tribal government in the district court of the United
States for the district in which the facility at which the violation is
alleged to have occurred is located, for the relief available under
subsection (e).
(e) Relief.--Relief for a person prevailing in an action brought
under subsection (d) may include--
(1) mandatory or prohibitive injunctive relief to prevent
or terminate any acts in violation of subsection (b) or (c);
(2) damages for wages lost due to penalization or
retribution in violation of subsection (b) or (c); and
(3) compensation for litigation costs, filing fees, expert
witness fees, and reasonable attorneys' fees.
(f) Administrative Complaint.--Any incarcerated person or carceral
facility staff who has been penalized or retaliated against in
violation of subsection (b) or (c) may file an administrative complaint
with the Attorney General, the status or outcome of which shall not
alter a person's right to bring an action under subsection (d).
(g) Federal Violations.--Upon receiving an administrative complaint
pursuant to subsection (f), the Attorney General, acting through the
Director, may take disciplinary action against carceral facility staff
who violate subsection (b).
(h) State, Local, and Tribal Violations.--
(1) In general.--Upon receiving an administrative complaint
pursuant to subsection (f), the Administrator of the
Environmental Protection Agency, acting through the Assistant
Administrator of the Office of Environmental Justice and
External Civil Rights, may modify or revoke, after opportunity
for a hearing, a grant awarded to an eligible entity pursuant
to section 9 upon finding a violation of subsection (c).
(2) Limitation.--No such modification or revocation may be
made pursuant to paragraph (1) until the Assistant
Administrator of the Office of Environmental Justice and
External Civil Rights has advised the appropriate person or
persons affiliated with the eligible entity of the violation
and has determined that subsequent compliance cannot be secured
by voluntary means.
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