[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4748 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4748

   To require the Bureau of Prisons to submit to Congress an annual 
       summary report of disaster damage, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2020

 Ms. Duckworth introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To require the Bureau of Prisons to submit to Congress an annual 
       summary report of disaster damage, 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.

    This Act may be cited as the ``Correctional Facility Disaster 
Preparedness Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act, the term ``major disaster'' means a major disaster 
declared by the President under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

SEC. 3. BUREAU OF PRISONS ANNUAL SUMMARY REPORT OF DISASTER DAMAGE.

    (a) In General.--The Bureau of Prisons shall submit to the 
Committee on Appropriations, the Committee on the Judiciary, and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Appropriations, the Committee on the Judiciary, 
and the Committee on Homeland Security of the House of Representatives 
an annual summary report of disaster damage on the scope of physical 
damage from a major disaster on each Bureau of Prisons facility and its 
contract prisons impacted or struck by a major disaster that explains 
the effects of the damage on inmates, including--
            (1) the ability of the Bureau of Prisons and its contract 
        prisons to uphold the health, safety, and civil rights of the 
        correctional population;
            (2) access to medical care, food, drinkable water, personal 
        protective equipment, and personal hygiene products;
            (3) whether using home confinement or early release was 
        considered;
            (4) access to uninterrupted visitation with legal counsel 
        and visitors;
            (5) access to appropriate accommodations for inmates with 
        disabilities;
            (6) use of Federal funding to restore disaster-damaged 
        correctional facilities; and
            (7) the impact on staffing, equipment, and financial 
        resources to carry out facility-specific emergency preparedness 
        plans.
    (b) Corrective Action Plan.--The report required under subsection 
(a) shall include agency corrective actions that the Bureau of Prisons 
will take to improve and modernize emergency preparedness plans, as 
they relate to natural disasters, extreme weather, and public health 
emergencies.
    (c) Recommendations.--The report required under subsection (a) 
shall include specific legislative recommendations to Congress for 
improving emergency preparedness plans within the Bureau of Prisons.

SEC. 4. NATIONAL INSTITUTE OF CORRECTIONS.

    Section 4351 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``ten'' and inserting ``13''; and
                    (B) by adding at the end the following:
            ``(3) One shall have served a sentence in either a Federal 
        or State correctional facility or have a professional 
        background advocating on the behalf of formerly incarcerated 
        individuals.
            ``(4) One shall have a background as an emergency response 
        coordinator that has created an emergency management 
        accreditation program.
            ``(5) One shall have an educational and professional 
        background in public health working with communicable 
        diseases.''; and
            (2) by adding at the end the following:
    ``(i) Report.--
            ``(1) Definition.--In this subsection, the term `major 
        disaster' means a major disaster declared by the President 
        under section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170).
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of this subsection, the Board shall publish a report 
        that includes--
                    ``(A) an examination of how selected States and 
                territories are operating and improving emergency and 
                evacuation procedures at correctional facilities during 
                a major disaster, including--
                            ``(i) the extent of eliminating barriers to 
                        medical care, food, drinkable water, personal 
                        protective equipment, and personal hygiene 
                        products;
                            ``(ii) the extent of using home confinement 
                        or early release;
                            ``(iii) the extent of continuing 
                        uninterrupted access between inmates and their 
                        legal counsel and visitors;
                            ``(iv) the extent to which correctional 
                        facilities provide appropriate accommodations 
                        for inmates with disabilities;
                            ``(v) the extent to which governments use 
                        Federal funding to restore State, local, and 
                        territorial correctional facilities damaged; 
                        and
                            ``(vi) the extent to which correctional 
                        institutions incorporate risk management best 
                        practices and relevant standards for emergency 
                        preparedness; and
                    ``(B) recommendations for congressional action to 
                enhance Federal, State, and local cooperation to build 
                local resiliency and implement emergency preparedness 
                plans and recovery efforts.
            ``(3) Technical assistance.--Not later than 2 years after 
        the date of enactment of this subsection, the Board shall 
        update technical assistance, training programs, seminars, and 
        workshops to include how correctional facilities can 
        incorporate in their emergency preparedness plans and recovery 
        efforts--
                    ``(A) inmate access to medical care, food, 
                drinkable water, personal protective equipment, and 
                personal hygiene products;
                    ``(B) consideration by staff of using home 
                confinement or early release;
                    ``(C) inmate access to uninterrupted visitation 
                with legal counsel and visitors;
                    ``(D) inmate access to appropriate accommodations 
                for inmates with disabilities;
                    ``(E) use of Federal funding to restore disaster-
                damaged correctional facilities; and
                    ``(F) incorporation by staff of risk management 
                best practices to enhance emergency preparedness 
                plans.''.
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