118 S4757 IS: Environmental Health in Prisons Act
U.S. Senate
2024-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
2d Session
S. 4757
IN THE SENATE OF THE UNITED STATES
July 24, 2024
Mr. Markey (for himself, Mr. Merkley, Mr. Padilla, Mr. Booker, and Mr. Durbin) introduced the following bill; which was read twice and 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.
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. Findings; 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.
2.

Findings; sense of Congress
(a)

Findings
Congress finds the following:
(1)
In Helling v. McKinney, 509 U.S. 25 (1993), the Supreme Court of the United States ruled that the Constitution of the United States protects incarcerated people from current and future harm caused by a deliberate indifference to a substantial risk of serious harm.
(2)
Carceral facilities across the country expose incarcerated people, staff, and surrounding communities to hazardous environmental conditions.
(3)
The environmental health impacts of incarceration disproportionately impact racial minorities, members of the LGBTQ+ community, and people with disabilities, who are several times more likely to be incarcerated in the United States.
(4)
Every year of incarceration reduces a person's life expectancy by an average of 2 years.
(5)
The environmental injustice of imprisonment extends to the siting of carceral facilities, as the majority of jails are located in communities of color and the majority of prisons are located in low-income rural communities.
(6)
Almost 1/3 of State and Federal carceral facilities are located within 3 miles of Superfund sites contaminated with at least 1 hazardous substance.
(7)
44 percent of incarcerated people, compared to 31 percent of the general population, report currently having at least one chronic condition, such as hypertension, asthma, heart disease, and diabetes, which makes incarcerated people more susceptible to environmental stressors.
(8)
Of incarcerated people identifying as female, 65 percent report ever having a chronic condition, which is considerably more than the 50 percent of incarcerated people identifying as male who report ever having a chronic condition.
(9)
Incarcerated people perform labor, such as electronic waste recycling, asbestos abatement, lead paint removal, and forest fire fighting, which exposes them to hazardous conditions without the same level of protection afforded to other non-incarcerated laborers, including protective gear and occupational health and safety protocols.
(10)
The number of incarcerated people in Federal and State carceral facilities aged 55 years or older has increased by more than 200 percent since 2000, and older people are more susceptible to environmental stressors.
(11)
The majority of the 122 carceral facilities operated by the Bureau of Prisons are located in flood-prone areas.
(12)
There is currently no unified Federal plan to provide oversight or relief to incarcerated people during climate disaster events.
(13)
As of 2022, the departments of corrections for 33 States did not have, or did not make publicly available on their websites, emergency management plans.
(14)
Following Hurricane Harvey in 2017, 8,000 incarcerated people were left for days in 4 flooded Texas State carceral facilities without adequate food, water, or sanitation.
(15)
Carceral facilities are a source of air and water pollution for surrounding communities.
(16)
Carceral facilities are among the most energy-intensive public infrastructure, consuming an average of 170,000 British thermal units per square foot.
(17)
Heat indices, a metric that combines air temperature and relative humidity, have been logged at higher than 150 degrees Fahrenheit inside carceral facilities.
(18)
More than half of all Tribal carceral facilities could experience at least 50 days each year in temperatures above 90 degrees Fahrenheit by the end of the 21st century if climate change continues unabated.
(19)
In the few decades preceding the date of enactment of this Act, locations in which carceral facilities are located were, on average, exposed to 5.5 more days per year of hazardous heat exposure than locations without carceral facilities.
(20)
State-run carceral facilities in Texas and Florida account for 52 percent of total hazardous heat exposure in carceral facilities, accounting for carceral-level exposure and the number of people exposed, despite holding 12 percent of all incarcerated people.
(21)
118 carceral facilities, largely in southern California, Arizona, Texas, and inland Florida, experience on average 75 days or more per year of hazardous heat.
(22)
In 2020, more than 900,000 incarcerated people in the United States, or 45 percent of the estimated total incarcerated population, were housed in 1,739 carceral facilities that increasingly experienced hazardous heat relative to 1982.
(23)
13 States in the southern and midwestern United States lack universal air conditioning requirements in carceral facilities, namely Alabama, Arizona, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, South Carolina, Texas, and Virginia.
(24)
22 States lack policies on temperature regulation in carceral facilities.
(25)
Only 17 States specify allowable temperature ranges in carceral facilities.
(26)
There are no statutory requirements for allowable temperature ranges in Federal carceral facilities, but the Facilities Operations Manual of the Bureau of Prisons sets a target temperature of 76 degrees Fahrenheit during summer months and 68 degrees Fahrenheit during winter months.
(27)
Incarcerated people and carceral facility staff often lack common and relatively low-cost options to regulate body temperature, including taking a cool shower, drinking cold water, moving into the shade or an air conditioned space, and operating a fan.
(28)
In some carceral facilities, fans cost the equivalent of several months of wages and are delivered months after being ordered.
(29)
More than 60 percent of incarcerated people report taking prescription medication that could affect the ability to regulate body temperature and increase sensitivity to heat and cold.
(30)
Many antipsychotic drugs, which are commonly prescribed to incarcerated people—
(A)
can affect central thermoregulatory processes, causing the body to overheat by reducing cutaneous blood flow; and
(B)
can have anticholinergic effects, reducing the body’s ability to produce sweat.
(31)
Between 1980 and 2019, more than 1,200 cases were filed in State and Federal courts alleging unsafe conditions relating to the temperatures in carceral facilities, including the following:
(A)
Temperatures exceeding 100 degrees Fahrenheit.
(B)
Faulty ventilation systems.
(C)
Limited cooling resources, such as water and access to fans.
(D)
Broken heating systems.
(E)
Temperatures below 32 degrees Fahrenheit.
(F)
Ice forming in toilets.
(G)
Inadequate clothing and blankets.
(H)
Conditions that caused frostbite.
(32)
The incarcerated population in 18 States and the Federal system exceeds the rated capacity of carceral facilities, causing the buildup of heat and a decrease in air quality.
(33)
Despite the issues described in paragraph (32), there are no plans in place to decarcerate people or implement diversion programs.
(34)
In 2023, high security Federal carceral facilities were 23 percent over their rated capacity.
(35)
Between 2011 and 2021, more than 5,000 violations of standards under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) occurred among the 408 carceral facilities that have their own drinking water systems, leading to nearly 3,000 enforcement actions by Federal and State agencies.
(36)
A study published by researchers in the American Journal of Public Health found that 47 percent of carceral facilities in the United States housing at least 990,000 people and 12,900 juveniles have not less than 1 presumptive source of perfluoroalkyl and polyfluoroalkyl substance contamination in the same watershed boundary at a higher elevation of the facility.
(37)
Incarcerated people and carceral facility staff within carceral facilities with contaminated water have limited options to obtain alternative water sources or use water treatment technologies.
(38)
Bottled water from carceral facility commissaries can be prohibitively expensive.
(39)
The cost of 64 fluid ounces of bottled water from carceral facility commissaries, which is the recommended daily volumetric intake, is typically 30 percent greater than the average daily wage of an incarcerated person.
(40)
More than a quarter of community water systems exclusively serving carceral facilities in the southwestern United States have average arsenic levels exceeding the maximum contaminant level standards of the Environmental Protection Agency of 10 micrograms per liter.
(41)
Average 6-year arsenic concentrations in community water systems exclusively serving carceral facilities in the southwestern United States were more than twice the concentrations of other community water systems in the same geographic areas.
(42)
43 percent of all water samples collected at the Massachusetts Correctional Institution at Norfolk between 2011 and 2018 had hazardous levels of manganese.
(43)
Poor ventilation in carceral facilities can lead to the spread of infectious respiratory diseases, allergies, other respiratory illnesses, and psychological stress.
(44)
In 2020, the COVID–19 case rate was 5.5 times higher in carceral facilities than in the rest of the population, due in part to poor ventilation.
(45)
More than 155 carceral facilities in New York, New Jersey, Delaware, and Pennsylvania experienced hazardous air quality from wildfire smog events during the summer of 2023.
(46)
54 carceral facilities in the United States are located in areas that are above the 95th percentile for wildfire risk.
(47)
During the 2020 Dixie Fire in California, 2 California State carceral facilities within the designated mandatory evacuation zone were not evacuated, forcing incarcerated people and carceral facility staff to breathe hazardous air.
(48)
Testing at Garner Correctional Institution in Newtown, Connecticut, in 2014 revealed—
(A)
radon levels at or above the standard levels set by the Environmental Protection Agency; and
(B)
that air at one location in the facility had more than 23 picocuries of radiation per liter of air, which can cause as much lung damage as smoking 21/2 packs of cigarettes per day.
(49)
A tire landfill adjacent to the Laborde Correctional Center in Louisiana burned for 4 days before the facility was evacuated, exposing incarcerated people and carceral facility staff to hazardous air pollutants.
(50)
Incarcerated people and carceral facility staff at Pennsylvania State Correctional Institution, a facility located near a toxic coal waste site, report high rates of respiratory problems and cancer.
(51)
Poor air quality has been shown to make the behavior of incarcerated people and carceral facility staff more volatile, resulting in a threat to safety within the facility.
(52)
Incarcerated people—
(A)
are often served meals that are high in fat, salt, sugar, and carbohydrates; and
(B)
have little access to fresh fruits, vegetables, and other foods that are requisite for good health.
(53)
Diets of incarcerated people are regularly below dietary reference intakes for vitamin D, magnesium, and omega 3s, which are nutrients that play a part in bipolar disorder, anxiety, and depression.
(54)
Incarcerated people with access to green space are less likely to engage in self-harming or violent behavior.
(55)
Incarcerated people and carceral facility staff with little access to natural light are more likely to exhibit signs of depression.
(b)

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.
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.
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.
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.
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.
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.
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.
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.
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.
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.