II 

118TH CONGRESS 

2D SESSION S. 4757 

To improve the environmental health outcomes of incarcerated people and 

carceral facility workers, and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Environmental Health in Prisons Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; sense of Congress. 

Sec. 3. Definitions. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 4757 IS

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. 

1 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) In Helling v. McKinney, 509 U.S. 25 

4 (1993), the Supreme Court of the United States 

5 ruled that the Constitution of the United States pro6 tects incarcerated people from current and future 

7 harm caused by a deliberate indifference to a sub8 stantial risk of serious harm. 

9 (2) Carceral facilities across the country expose 

10 incarcerated people, staff, and surrounding commu11 nities to hazardous environmental conditions. 

12 (3) The environmental health impacts of incar13 ceration disproportionately impact racial minorities, 

14 members of the LGBTQ+ community, and people 

15 with disabilities, who are several times more likely to 

16 be incarcerated in the United States. 

17 (4) Every year of incarceration reduces a per18 son’s life expectancy by an average of 2 years. 

19 (5) The environmental injustice of imprison20 ment extends to the siting of carceral facilities, as 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 4757 IS

1 the majority of jails are located in communities of 

2 color and the majority of prisons are located in low3 income rural communities. 

(6) Almost 1 4 ⁄3 of State and Federal carceral fa5 cilities are located within 3 miles of Superfund sites 

6 contaminated with at least 1 hazardous substance. 

7 (7) 44 percent of incarcerated people, compared 

8 to 31 percent of the general population, report cur9 rently having at least one chronic condition, such as 

10 hypertension, asthma, heart disease, and diabetes, 

11 which makes incarcerated people more susceptible to 

12 environmental stressors. 

13 (8) Of incarcerated people identifying as fe14 male, 65 percent report ever having a chronic condi15 tion, which is considerably more than the 50 percent 

16 of incarcerated people identifying as male who report 

17 ever having a chronic condition. 

18 (9) Incarcerated people perform labor, such as 

19 electronic waste recycling, asbestos abatement, lead 

20 paint removal, and forest fire fighting, which ex21 poses them to hazardous conditions without the 

22 same level of protection afforded to other non-incar23 cerated laborers, including protective gear and occu24 pational health and safety protocols. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 4757 IS

1 (10) The number of incarcerated people in Fed2 eral and State carceral facilities aged 55 years or 

3 older has increased by more than 200 percent since 

4 2000, and older people are more susceptible to envi5 ronmental stressors. 

6 (11) The majority of the 122 carceral facilities 

7 operated by the Bureau of Prisons are located in 

8 flood-prone areas. 

9 (12) There is currently no unified Federal plan 

10 to provide oversight or relief to incarcerated people 

11 during climate disaster events. 

12 (13) As of 2022, the departments of corrections 

13 for 33 States did not have, or did not make publicly 

14 available on their websites, emergency management 

15 plans. 

16 (14) Following Hurricane Harvey in 2017, 

17 8,000 incarcerated people were left for days in 4 

18 flooded Texas State carceral facilities without ade19 quate food, water, or sanitation. 

20 (15) Carceral facilities are a source of air and 

21 water pollution for surrounding communities. 

22 (16) Carceral facilities are among the most en23 ergy-intensive public infrastructure, consuming an 

24 average of 170,000 British thermal units per square 

25 foot. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 4757 IS

1 (17) Heat indices, a metric that combines air 

2 temperature and relative humidity, have been logged 

3 at higher than 150 degrees Fahrenheit inside 

4 carceral facilities. 

5 (18) More than half of all Tribal carceral facili6 ties could experience at least 50 days each year in 

7 temperatures above 90 degrees Fahrenheit by the 

8 end of the 21st century if climate change continues 

9 unabated. 

10 (19) In the few decades preceding the date of 

11 enactment of this Act, locations in which carceral fa12 cilities are located were, on average, exposed to 5.5 

13 more days per year of hazardous heat exposure than 

14 locations without carceral facilities. 

15 (20) State-run carceral facilities in Texas and 

16 Florida account for 52 percent of total hazardous 

17 heat exposure in carceral facilities, accounting for 

18 carceral-level exposure and the number of people ex19 posed, despite holding 12 percent of all incarcerated 

20 people. 

21 (21) 118 carceral facilities, largely in southern 

22 California, Arizona, Texas, and inland Florida, expe23 rience on average 75 days or more per year of haz24 ardous heat. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 4757 IS

1 (22) In 2020, more than 900,000 incarcerated 

2 people in the United States, or 45 percent of the es3 timated total incarcerated population, were housed 

4 in 1,739 carceral facilities that increasingly experi5 enced hazardous heat relative to 1982. 

6 (23) 13 States in the southern and midwestern 

7 United States lack universal air conditioning re8 quirements in carceral facilities, namely Alabama, 

9 Arizona, Florida, Georgia, Kansas, Kentucky, Lou10 isiana, Mississippi, Missouri, North Carolina, South 

11 Carolina, Texas, and Virginia. 

12 (24) 22 States lack policies on temperature reg13 ulation in carceral facilities. 

14 (25) Only 17 States specify allowable tempera15 ture ranges in carceral facilities. 

16 (26) There are no statutory requirements for 

17 allowable temperature ranges in Federal carceral fa18 cilities, but the Facilities Operations Manual of the 

19 Bureau of Prisons sets a target temperature of 76 

20 degrees Fahrenheit during summer months and 68 

21 degrees Fahrenheit during winter months. 

22 (27) Incarcerated people and carceral facility 

23 staff often lack common and relatively low-cost op24 tions to regulate body temperature, including taking 

25 a cool shower, drinking cold water, moving into the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
7 

•S 4757 IS

1 shade or an air conditioned space, and operating a 

2 fan. 

3 (28) In some carceral facilities, fans cost the 

4 equivalent of several months of wages and are deliv5 ered months after being ordered. 

6 (29) More than 60 percent of incarcerated peo7 ple report taking prescription medication that could 

8 affect the ability to regulate body temperature and 

9 increase sensitivity to heat and cold. 

10 (30) Many antipsychotic drugs, which are com11 monly prescribed to incarcerated people— 

12 (A) can affect central thermoregulatory 

13 processes, causing the body to overheat by re14 ducing cutaneous blood flow; and 

15 (B) can have anticholinergic effects, reduc16 ing the body’s ability to produce sweat. 

17 (31) Between 1980 and 2019, more than 1,200 

18 cases were filed in State and Federal courts alleging 

19 unsafe conditions relating to the temperatures in 

20 carceral facilities, including the following: 

21 (A) Temperatures exceeding 100 degrees 

22 Fahrenheit. 

23 (B) Faulty ventilation systems. 

24 (C) Limited cooling resources, such as 

25 water and access to fans. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
8 

•S 4757 IS

1 (D) Broken heating systems. 

2 (E) Temperatures below 32 degrees Fahr3 enheit. 

4 (F) Ice forming in toilets. 

5 (G) Inadequate clothing and blankets. 

6 (H) Conditions that caused frostbite. 

7 (32) The incarcerated population in 18 States 

8 and the Federal system exceeds the rated capacity of 

9 carceral facilities, causing the buildup of heat and a 

10 decrease in air quality. 

11 (33) Despite the issues described in paragraph 

12 (32), there are no plans in place to decarcerate peo13 ple or implement diversion programs. 

14 (34) In 2023, high security Federal carceral fa15 cilities were 23 percent over their rated capacity. 

16 (35) Between 2011 and 2021, more than 5,000 

17 violations of standards under the Safe Drinking 

18 Water Act (42 U.S.C. 300f et seq.) occurred among 

19 the 408 carceral facilities that have their own drink20 ing water systems, leading to nearly 3,000 enforce21 ment actions by Federal and State agencies. 

22 (36) A study published by researchers in the 

23 American Journal of Public Health found that 47 

24 percent of carceral facilities in the United States 

25 housing at least 990,000 people and 12,900 juveVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
9 

•S 4757 IS

1 niles have not less than 1 presumptive source of 

2 perfluoroalkyl and polyfluoroalkyl substance con3 tamination in the same watershed boundary at a 

4 higher elevation of the facility. 

5 (37) Incarcerated people and carceral facility 

6 staff within carceral facilities with contaminated 

7 water have limited options to obtain alternative 

8 water sources or use water treatment technologies. 

9 (38) Bottled water from carceral facility com10 missaries can be prohibitively expensive. 

11 (39) The cost of 64 fluid ounces of bottled 

12 water from carceral facility commissaries, which is 

13 the recommended daily volumetric intake, is typically 

14 30 percent greater than the average daily wage of an 

15 incarcerated person. 

16 (40) More than a quarter of community water 

17 systems exclusively serving carceral facilities in the 

18 southwestern United States have average arsenic lev19 els exceeding the maximum contaminant level stand20 ards of the Environmental Protection Agency of 10 

21 micrograms per liter. 

22 (41) Average 6-year arsenic concentrations in 

23 community water systems exclusively serving 

24 carceral facilities in the southwestern United States 

25 were more than twice the concentrations of other 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
10 

•S 4757 IS

1 community water systems in the same geographic 

2 areas. 

3 (42) 43 percent of all water samples collected 

4 at the Massachusetts Correctional Institution at 

5 Norfolk between 2011 and 2018 had hazardous lev6 els of manganese. 

7 (43) Poor ventilation in carceral facilities can 

8 lead to the spread of infectious respiratory diseases, 

9 allergies, other respiratory illnesses, and psycho10 logical stress. 

11 (44) In 2020, the COVID–19 case rate was 5.5 

12 times higher in carceral facilities than in the rest of 

13 the population, due in part to poor ventilation. 

14 (45) More than 155 carceral facilities in New 

15 York, New Jersey, Delaware, and Pennsylvania ex16 perienced hazardous air quality from wildfire smog 

17 events during the summer of 2023. 

18 (46) 54 carceral facilities in the United States 

19 are located in areas that are above the 95th per20 centile for wildfire risk. 

21 (47) During the 2020 Dixie Fire in California, 

22 2 California State carceral facilities within the des23 ignated mandatory evacuation zone were not evacu24 ated, forcing incarcerated people and carceral facility 

25 staff to breathe hazardous air. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
11 

•S 4757 IS

1 (48) Testing at Garner Correctional Institution 

2 in Newtown, Connecticut, in 2014 revealed— 

3 (A) radon levels at or above the standard 

4 levels set by the Environmental Protection 

5 Agency; and 

6 (B) that air at one location in the facility 

7 had more than 23 picocuries of radiation per 

8 liter of air, which can cause as much lung damage as smoking 21 9 ⁄2 packs of cigarettes per day. 

10 (49) A tire landfill adjacent to the Laborde 

11 Correctional Center in Louisiana burned for 4 days 

12 before the facility was evacuated, exposing incarcer13 ated people and carceral facility staff to hazardous 

14 air pollutants. 

15 (50) Incarcerated people and carceral facility 

16 staff at Pennsylvania State Correctional Institution, 

17 a facility located near a toxic coal waste site, report 

18 high rates of respiratory problems and cancer. 

19 (51) Poor air quality has been shown to make 

20 the behavior of incarcerated people and carceral fa21 cility staff more volatile, resulting in a threat to 

22 safety within the facility. 

23 (52) Incarcerated people— 

24 (A) are often served meals that are high in 

25 fat, salt, sugar, and carbohydrates; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
12 

•S 4757 IS

1 (B) have little access to fresh fruits, vege2 tables, and other foods that are requisite for 

3 good health. 

4 (53) Diets of incarcerated people are regularly 

5 below dietary reference intakes for vitamin D, mag6 nesium, and omega 3s, which are nutrients that play 

7 a part in bipolar disorder, anxiety, and depression. 

8 (54) Incarcerated people with access to green 

9 space are less likely to engage in self-harming or vio10 lent behavior. 

11 (55) Incarcerated people and carceral facility 

12 staff with little access to natural light are more like13 ly to exhibit signs of depression. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) many of the specific examples of environ17 mental injustice detailed in subsection (a) are wide18 spread at carceral facilities throughout the United 

19 States; 

20 (2) many of the examples of environmental in21 justice detailed in subsection (a) are also commonly 

22 encountered within communities with higher than 

23 average incarceration rates, thereby perpetuating 

24 systemic patterns of environmental harm; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
13 

•S 4757 IS

1 (3) racial minorities and LGBTQ+ people are 

2 more likely to be incarcerated and therefore bear a 

3 disproportionate burden of the environmental health 

4 impacts of mass incarceration; and 

5 (4) incarcerated people and carceral facility 

6 staff should— 

7 (A) have the right to a healthy living envi8 ronment; 

9 (B) have access to reasonable alternatives 

10 and options during environmental health emer11 gencies; and 

12 (C) have access to comprehensible informa13 tion regarding environmental health variables, 

14 rights, and mitigation and adaptation measures 

15 to overcome environmental health threats. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means the Committee on the Judiciary and 

21 the Committee on Environment and Public Works of 

22 the Senate and the Committee on the Judiciary, the 

23 Committee on Oversight and Accountability, and the 

24 Committee on Energy and Commerce of the House 

25 of Representatives. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
14 

•S 4757 IS

1 (2) CARCERAL FACILITY.—The term ‘‘carceral 

2 facility’’— 

3 (A) means physical infrastructure or an 

4 environment in which currently incarcerated 

5 people are held or required to spend significant 

6 periods of time; and 

7 (B) includes a prison, jail, juvenile deten8 tion center, juvenile secure facility, mental 

9 health facility, treatment facility, rehabilitation 

10 center, civil commitment facility, civil detention 

11 facility, and immigration facility. 

12 (3) CARCERAL FACILITY STAFF.—The term 

13 ‘‘carceral facility staff’’— 

14 (A) means a person employed at or by, or 

15 who volunteers at, a carceral facility who faces 

16 exposure to similar environmental stressors as 

17 people incarcerated at the facility; and 

18 (B) includes a person described in sub19 paragraph (A) who is a correctional officer, 

20 guard, contractor, grounds staff, maintenance 

21 staff, cafeteria staff, commissary and canteen 

22 staff, program staff, educator, healthcare work23 er, religious staff, legal counsel or advocate, or 

24 volunteer. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
15 

•S 4757 IS

1 (4) COMPREHENSIBLE INFORMATION.—The 

2 term ‘‘comprehensible information’’, with respect to 

3 information communicated to an incarcerated per4 son, means a standard of accessibility that— 

5 (A) is in agreement with a native language 

6 of the person or a language the person speaks 

7 or reads with enough fluency to comprehend 

8 technical information; 

9 (B) facilitates comprehension based on the 

10 educational level and disability status of the 

11 person; 

12 (C) provides opportunity to seek out clari13 fication and ask questions regarding the infor14 mation and its implications for environmental 

15 health; and 

16 (D) complies with section 504 of the Reha17 bilitation Act of 1974 (29 U.S.C. 794), and its 

18 implementing regulations or any successor regu19 lations, and title II of the Americans with Dis20 abilities Act (42 U.S.C. 12131 et seq.), and its 

21 implementing regulations or any successor regu22 lations. 

23 (5) DIRECTOR.—The term ‘‘Director’’ means 

24 the Director of the Federal Bureau of Prisons. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
16 

•S 4757 IS

1 (6) ENVIRONMENTAL HEALTH.—The term ‘‘en2 vironmental health’’ means aspects of human health, 

3 including quality of life and disease, that are im4 pacted by environmental stressors. 

5 (7) ENVIRONMENTAL STRESSOR.—The term 

6 ‘‘environmental stressor’’ means a physical, biologi7 cal, chemical, or other aspect of the natural or built 

8 environment, including the presence or absence of 

9 functional infrastructure, which can lead to adverse 

10 health outcomes. 

11 (8) EXPOSURE.—The term ‘‘exposure’’ means 

12 the condition of being subject to an environmental 

13 stressor through inhalation, consumption, drinking, 

14 absorption, ambient conditions, or close proximity. 

15 (9) FEDERAL CARCERAL FACILITY.—The term 

16 ‘‘Federal carceral facility’’ means a carceral facility 

17 operated by, affiliated with, or operated under a con18 tract with— 

19 (A) the Bureau of Prisons; 

20 (B) the United States Marshals Service; 

21 (C) U.S. Immigration and Customs En22 forcement; or 

23 (D) the Bureau of Indian Affairs. 

24 (10) INCARCERATED PERSON.—The term ‘‘in25 carcerated person’’— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
17 

•S 4757 IS

1 (A) means an individual held in a carceral 

2 facility; and 

3 (B) includes an individual awaiting trial, 

4 an individual awaiting a ruling by an immigra5 tion judge, and an individual serving a sen6 tence. 

7 (11) STATE, LOCAL, OR TRIBAL CARCERAL FA8 CILITY.—The term ‘‘State, local, or Tribal carceral 

9 facility’’ means a carceral facility operated by, affili10 ated with, or operated under a contract with a State, 

11 local, or Tribal government. 

12 (12) SUPERFUND SITE.—The term ‘‘Superfund 

13 site’’ means a hazardous waste site or a site on the 

14 National Priorities List developed by the President 

15 in accordance with section 105(a)(8)(B) of the Com16 prehensive Environmental Response, Compensation, 

17 and Liability Act of 1980 (42 U.S.C. 

18 9605(a)(8)(B)). 

19 (13) VULNERABLE POPULATION.—The term 

20 ‘‘vulnerable population’’— 

21 (A) means a group of incarcerated people 

22 and carceral facility staff who are at higher risk 

23 of exposure to environmental stressors or higher 

24 risk of negative health outcomes from exposure 

25 to environmental stressors; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
18 

•S 4757 IS

1 (B) includes— 

2 (i) people who are older than 50 years 

3 of age; 

4 (ii) children; 

5 (iii) adolescents; 

6 (iv) young adults who are between 18 

7 years of age and 25 years of age; 

8 (v) pregnant, post-natal, or 

9 breastfeeding people; 

10 (vi) people who have preexisting med11 ical conditions or take medications that 

12 can make them more susceptible to heat or 

13 cold; 

14 (vii) people who work or labor at sites 

15 having conditions hazardous to human 

16 health; 

17 (viii) people who have a disability that 

18 makes them especially susceptible to envi19 ronmental stressors or less able to mitigate 

20 exposure to environmental stressors; 

21 (ix) people who have been substan22 tially and cumulatively exposed to environ23 mental stressors on account of the dura24 tion of their sentence; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
19 

•S 4757 IS

1 (x) people who are not yet acclimated 

2 to environmental stressors that are com3 monly experienced during incarceration, in4 cluding those who have been incarcerated 

5 for less than 1 year from the date of in6 take. 

7 SEC. 4. IMPROVING ENVIRONMENTAL MONITORING AND 

8 REPORTING AT FEDERAL CARCERAL FACILI9 TIES. 

10 (a) DATA.— 

11 (1) IN GENERAL.—Not later than 2 years after 

12 the date of enactment of this Act, and annually 

13 thereafter, the Director, the Director of the United 

14 States Marshals Service, the Director of U.S. Immi15 gration and Customs Enforcement, and the Director 

16 of the Bureau of Indian Affairs, in coordination with 

17 the Administrator of the Environmental Protection 

18 Agency, shall make publicly available, including on a 

19 publicly accessible website, data on the prevalence 

20 of, and exposure to, environmental stressors at Fed21 eral carceral facilities, including— 

22 (A) the ambient air quality of outdoor rec23 reational space and how levels of carbon mon24 oxide, lead, nitrogen oxides, ground-level ozone, 

25 particulate matter, and sulfur dioxide compare 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
20 

•S 4757 IS

1 to the National Ambient Air Quality Standards 

2 of the Environmental Protection Agency; 

3 (B) the indoor air quality of spaces in 

4 which incarcerated people are held or to which 

5 incarcerated people have access; 

6 (C) how the indoor air quality of spaces 

7 described in subparagraph (B) compares to— 

8 (i) thresholds defined by the Air Qual9 ity Index; and 

10 (ii) action levels issued by the Envi11 ronmental Protection Agency, including the 

12 radon action level; 

13 (D) how the indoor air quality infrastruc14 ture compares to standards promulgated and 

15 guidance issued by the Occupational Safety and 

16 Health Administration and the American Soci17 ety of Heating, Refrigerating and Air-Condi18 tioning Engineers; 

19 (E) the presence of asbestos; 

20 (F) the quality of water that incarcerated 

21 people receive to drink, use for sanitary pur22 poses, or otherwise consume relative to— 

23 (i) primary drinking water regulations 

24 or secondary drinking water regulations 

25 (as those terms are defined in section 1401 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
21 

•S 4757 IS

1 of the Safe Drinking Water Act (42 U.S.C. 

2 300f)); and 

3 (ii) the regulatory standards set by 

4 the State or Tribal agency that has juris5 diction over the facility; 

6 (G) the mean and range of temperatures 

7 and heat stress indices, taking into account hu8 midity, to which incarcerated people are ex9 posed in different seasons; 

10 (H) the presence of pests, mold, and com11 municable diseases; 

12 (I) access to natural light, light levels con13 ducive to sleep, and green space; 

14 (J) the quality of the diets of incarcerated 

15 people relative to the Dietary Guidelines for 

16 Americans published by the Department of 

17 Health and Human Services and the Depart18 ment of Agriculture; 

19 (K) the levels of noise in areas where in20 carcerated people spend or are required to 

21 spend significant amounts of time; and 

22 (L) how the noise levels described in sub23 paragraph (K) compare to guidance issued by 

24 the Centers for Disease Control and the Occu25 pational Safety and Health Administration. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
22 

•S 4757 IS

1 (2) DATA PRINCIPLES.—The Director, the Di2 rector of the United States Marshals Service, the 

3 Director of U.S. Immigration and Customs Enforce4 ment, and the Director of the Bureau of Indian Af5 fairs shall ensure that the data published under 

6 paragraph (1)— 

7 (A) reflect conditions at the point of use or 

8 exposure of incarcerated people; 

9 (B) abide by the principles of findability, 

10 accessibility, interoperability, and reusability, as 

11 commonly defined in scientific literature; 

12 (C) are timely and freely available; 

13 (D) are published in a machine-readable 

14 file format, to support academic research, jour15 nalistic investigation, and advocacy; 

16 (E) to the extent practicable, are provided 

17 in a format and are accompanied by informa18 tion, such as the number of incarcerated people 

19 at the facility and capacity of the facility, that 

20 facilitates use by the judicial system in deter21 mining sentencing and eligibility for incarcer22 ation diversion programs; 

23 (F) to the extent practicable, while main24 taining anonymity, are disaggregated by facil25 ity, State, location, race, ethnicity, immigration 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
23 

•S 4757 IS

1 status, native language, sexual orientation, sex, 

2 gender, educational achievement, age, disability 

3 status, pregnancy status, duration of sentence, 

4 previous incarceration history, and category of 

5 the criminal charge against the person; 

6 (G) to the extent practicable, are 

7 disaggregated to levels that track exposure at 

8 the level of discrete individuals, ensuring that 

9 personally identifiable information is removed; 

10 and 

11 (H) to the extent practicable, include infor12 mation on economic cost and years of life lost 

13 associated with the cumulative exposure of in14 carcerated people and carceral facility staff to 

15 environmental stressors at Federal carceral fa16 cilities. 

17 (b) ADVISORY PANEL.— 

18 (1) ESTABLISHMENT.—Not later than 1 year 

19 after the date of enactment of this Act, the Director, 

20 in coordination with the Director of the United 

21 States Marshals Service, the Director of U.S. Immi22 gration and Customs Enforcement, and the Director 

23 of the Bureau of Indian Affairs, in consultation with 

24 the Administrator of the Environmental Protection 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
24 

•S 4757 IS

1 Agency, shall establish and provide resources for an 

2 independent advisory panel authorized to— 

3 (A) conduct research on environmental 

4 health at all Federal carceral facilities; 

5 (B) provide recommendations to increase 

6 monitoring of environmental stressors at all 

7 Federal carceral facilities; 

8 (C) provide recommendations for policy 

9 interventions to mitigate and adapt to environ10 mental health threats at all Federal carceral fa11 cilities; 

12 (D) advise on which environmental 

13 stressors arise from factors within Federal 

14 carceral facilities and which environmental 

15 stressors arise from factors external to Federal 

16 carceral facilities, and advise on interagency 

17 collaborations to mitigate these external factors; 

18 and 

19 (E) advise on any emergency management 

20 protocols established to respond to environ21 mental health threats at facilities. 

22 (2) MEMBERS.—The advisory panel established 

23 under paragraph (1) shall be comprised of public 

24 health researchers and experts, currently and for25 merly incarcerated people, people currently and forVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
25 

•S 4757 IS

1 merly incarcerated in juvenile justice systems, 

2 carceral facility staff, carceral facility staff union 

3 leaders, organizations that seek to improve the envi4 ronmental health of incarcerated people and people 

5 incarcerated in juvenile justice systems, and commu6 nity-based organizations that represent currently 

7 and formerly incarcerated people. 

8 (c) REPORT.—Not later than 3 years after the date 

9 of enactment of this Act, and every 5 years thereafter, 

10 the Director, in coordination with the Director of the 

11 United States Marshals Service, the Director of U.S. Im12 migration and Customs Enforcement, and the Director of 

13 the Bureau of Indian Affairs, shall submit to the appro14 priate congressional committees and make publicly avail15 able a report detailing, for each Federal carceral facility— 

16 (1) applicable recommendations described in 

17 subsection (b); 

18 (2) the prevalence and quantitative measure19 ments of the environmental stressors described in 

20 section 4(a)(1); and 

21 (3) compiled narratives or qualitative data pro22 vided by incarcerated people, formerly incarcerated 

23 people who were released from custody not more 

24 than 5 years before the date on which the report is 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
26 

•S 4757 IS

1 submitted, and carceral facility staff on environ2 mental health conditions. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as are nec5 essary to carry out the monitoring and data reporting re6 quirements under this section. 

7 SEC. 5. COMMUNICATING HEALTH INFORMATION AND OP8 TIONS. 

9 (a) BUREAU OF PRISONS.—Not later than 2 years 

10 after the date of enactment of this Act, the Attorney Gen11 eral, acting through the Director, shall conduct assess12 ments of existing data and establish regulations that en13 sure that incarcerated people and carceral facility staff in 

14 each Federal carceral facility under the jurisdiction of the 

15 Bureau of Prisons receive, upon intake or commencement 

16 of employment, and annually thereafter, oral and written 

17 comprehensible information on— 

18 (1) the prevalence and quantitative measure19 ments of environmental stressors in the respective 

20 Federal carceral facility, including the data made 

21 available under section 4(a)(1); 

22 (2) the risk of exposure to environmental 

23 stressors known to present a threat to environmental 

24 health in the respective Federal carceral facility to— 

25 (A) the general incarcerated population; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
27 

•S 4757 IS

1 (B) vulnerable populations within the gen2 eral incarcerated population; and 

3 (C) carceral facility staff; 

4 (3) measures being undertaken by the Director 

5 to mitigate or adapt to environmental stressors 

6 known to present a threat to environmental health 

7 in the respective Federal carceral facility; and 

8 (4) a complete list of options and protective 

9 measures available to incarcerated people and 

10 carceral facility staff to address the risk of harm 

11 from exposure to environmental stressors known to 

12 present a threat to environmental health in the re13 spective Federal carceral facility, including— 

14 (A) associated costs and lower-cost or cost15 free alternatives; and 

16 (B) instructions on how incarcerated peo17 ple and carceral facility staff can avail them18 selves of these options. 

19 (b) OTHER FEDERAL CARCERAL FACILITIES.—Not 

20 later than 5 years after the date of enactment of this Act, 

21 the Director of the United States Marshals Service, the 

22 Director of U.S. Immigration and Customs Enforcement, 

23 and the Director of the Bureau of Indian Affairs shall con24 duct assessments of existing data and establish regula25 tions substantially similar to the regulations established 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
28 

•S 4757 IS

1 under subsection (a) for each Federal carceral facility 

2 under their respective jurisdictions. 

3 (c) CAUSE OF ACTION.—Notwithstanding section 7 

4 of the Civil Rights of Institutionalized Persons Act (42 

5 U.S.C. 1997e), any incarcerated person or carceral facility 

6 staff aggrieved by a violation of the information commu7 nication requirements under subsection (a) or (b) may 

8 bring an action under this subsection against the relevant 

9 Federal agency in the district court of the United States 

10 for the district containing the facility at which the viola11 tion is alleged to have occurred for the relief available 

12 under subsection (d). 

13 (d) RELIEF.—Relief for a person prevailing in an ac14 tion brought under subsection (c) may include— 

15 (1) mandatory injunctive relief to provide such 

16 information as required under subsection (a) or (b); 

17 (2) damages for adverse health outcomes result18 ing from the withholding of information on environ19 mental health conditions required under subsection 

20 (a) or (b); and 

21 (3) compensation for litigation costs, filing fees, 

22 expert witness fees, and reasonable attorneys’ fees. 

23 (e) PUBLICATION OF INFORMATION.— 

24 (1) BUREAU OF PRISONS.—Not later than 60 

25 days after information is first provided to the relVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
29 

•S 4757 IS

1 evant incarcerated people and carceral facility staff 

2 pursuant to the regulations promulgated under sub3 section (a), the Director shall make that information 

4 and any associated material available on a publicly 

5 accessible website. 

6 (2) OTHER FEDERAL CARCERAL FACILITIES.— 

7 Not later than 180 days after information is first 

8 provided to the relevant incarcerated people and 

9 carceral facility staff pursuant to the regulations 

10 promulgated under subsection (b), the director of 

11 the agency that the carceral facility is operated by, 

12 affiliated with, or under contract with shall make 

13 that information and any associated material pub14 licly available. 

15 (f) STATE GUIDANCE.—Beginning in the fifth fiscal 

16 year following the date of enactment of this Act, and in 

17 each fiscal year thereafter, for each State that receives a 

18 grant under subpart 1 of part E of title I of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

20 10151 et seq.) that does not have in effect throughout the 

21 State for the fiscal year laws, regulations, or guidance that 

22 mandate substantially similar requirements to the require23 ments under subsection (a), the Attorney General shall en24 sure that 25 percent of the grant funding that would oth25 erwise be allocated to the State under such subpart shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
30 

•S 4757 IS

1 be set aside for use to remediate environmental health 

2 threats in carceral facilities in the State. 

3 SEC. 6. NATIONAL ENVIRONMENTAL POLICY ACT CONSID4 ERATIONS. 

5 (a) USE OF DATA.—Not later than 5 years after the 

6 date of enactment of this Act, the Attorney General, the 

7 Secretary of Homeland Security, and the Secretary of the 

8 Interior, in consultation with the Administrator of the En9 vironmental Protection Agency, the Council on Environ10 mental Quality, and the National Environmental Justice 

11 Advisory Council, after taking into consideration rec12 ommendations from the advisory panel and data reported 

13 pursuant to section 4, shall review and update procedures 

14 relating to the implementation of the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

16 respect to major Federal actions carried out at Federal 

17 carceral facilities. 

18 (b) REPORT.—Not later than 5 years after the date 

19 of enactment of this Act, the Attorney General, in coordi20 nation with the Secretary of Homeland Security and the 

21 Secretary of the Interior, shall submit a report to the ap22 propriate congressional committees detailing how the 

23 agencies’ procedures relating to the implementation of the 

24 National Environmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.) with respect to major Federal actions carried 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
31 

•S 4757 IS

1 out at Federal carceral facilities have been updated pursu2 ant to subsection (a). 

3 (c) CONTENT OF ENVIRONMENTAL IMPACT STATE4 MENTS.— 

5 (1) ENVIRONMENTAL JUSTICE ANALYSIS.—An 

6 environmental impact statement prepared for a pro7 posed agency action relating to Federal carceral fa8 cilities completed pursuant to section 102(2)(C) of 

9 the National Environmental Policy Act of 1969 (42 

10 U.S.C. 4332(2)(C)) shall include an analysis of the 

11 direct, indirect, and cumulative environmental im12 pacts of the proposed action on communities with 

13 environmental justice concerns, including both sur14 rounding communities and populations of incarcer15 ated people and carceral facility staff within the rel16 evant facility. 

17 (2) ALTERNATIVES TO INCARCERATION.—An 

18 environmental impact statement prepared for a pro19 posed agency action relating to new construction or 

20 expansion of Federal carceral facilities completed 

21 pursuant to section 102(2)(C) of the National Envi22 ronmental Policy Act of 1969 (42 U.S.C. 

23 4332(2)(C)) shall include, as part of the analysis of 

24 reasonable alternatives required pursuant to that 

25 section, analyses regarding decarceration, diversion, 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
32 

•S 4757 IS

1 compassionate release, and other programs designed 

2 to reduce the size of the incarcerated population. 

3 (d) ACCESS TO DOCUMENTATION.—All draft and 

4 final environmental assessments, findings of no significant 

5 impact, categorical exclusion determinations, environ6 mental impact statements, and supporting documentation, 

7 including Federal Register notices shall also be made read8 ily and freely accessible to incarcerated people at, or who 

9 are foreseeably likely to be transferred to, facilities im10 pacted by the applicable major Federal action, by 

11 proactively providing incarcerated people and carceral fa12 cility staff with opportunities to access and study physical 

13 or digital copies of the documents. 

14 (e) OPPORTUNITY FOR COMMENT.—All incarcerated 

15 people and carceral facility staff at, or who are foreseeably 

16 likely to be transferred to or employed at, facilities im17 pacted by a major Federal action that is subject to the 

18 National Environmental Policy Act of 1969 (42 U.S.C. 

19 4321 et seq.) shall be given the opportunity to participate 

20 in the scoping and public review process for an environ21 mental impact statement by being given access to re22 sources to study the environmental impact statement and 

23 submit public comments. 

24 (f) INCLUSION IN AGENCY RECORD OF DECISION.— 

25 The relevant Federal agency shall include in its record of 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
33 

•S 4757 IS

1 decision or finding of no significant impact, as applicable, 

2 prepared for any review process subject to the National 

3 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

4 seq.) a summary of how the feedback from incarcerated 

5 people and carceral facility staff pursuant to subsection 

6 (e) was factored into the agency’s decision-making proc7 ess. 

8 SEC. 7. PROCUREMENT LANGUAGE. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the Director, the Director of the United States 

11 Marshals Service, the Director of U.S. Immigration and 

12 Customs Enforcement, and the Director of the Bureau of 

13 Indian Affairs, in coordination with the Administrator of 

14 the General Services Administration, shall implement pro15 curement language that gives preference to contractors 

16 and vendors that, for any given contract, demonstrate that 

17 any infrastructure installation in a Federal carceral facil18 ity as a result of new construction, maintenance, a retrofit, 

19 a repair, or rehabilitation of the Federal carceral facility 

20 aids in improving the environmental health of incarcerated 

21 people and carceral facility staff. 

22 SEC. 8. CREATING MODEL PROGRAMS FOR ENVIRON23 MENTAL HEALTH IMPROVEMENTS. 

24 (a) FEASIBILITY STUDIES.— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
34 

•S 4757 IS

1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Director, in 

3 coordination with the Director of the United States 

4 Marshals Service, the Director of U.S. Immigration 

5 and Customs Enforcement, and the Director of the 

6 Bureau of Indian Affairs, in consultation with the 

7 advisory panel established under section 4(b), shall 

8 conduct and make publicly available feasibility stud9 ies to investigate the potential environmental health 

10 benefits of improvements to carceral facilities for in11 carcerated people, carceral facility staff, and resi12 dents of surrounding communities. 

13 (2) SCOPE OF STUDIES.—The studies con14 ducted pursuant to paragraph (1) shall investigate 

15 not fewer than 10 Federal carceral facilities that 

16 have a variety of security levels and in total hold not 

17 fewer than 5,000 incarcerated people. 

18 (3) CONSULTATION.—In conducting the feasi19 bility studies required under paragraph (1), the Di20 rector shall consult with the advisory panel estab21 lished under section 4(b), the Administrator of the 

22 Environmental Protection Agency, the Secretary of 

23 Energy, the Secretary of Labor, and the heads of 

24 other relevant Federal agencies. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
35 

•S 4757 IS

1 (4) FACILITIES.—At least one facility under the 

2 jurisdiction of each of the Bureau of Prisons, the 

3 United States Marshals Service, U.S. Immigration 

4 and Customs Enforcement, and the Bureau of In5 dian Affairs shall be the subject of a feasibility study 

6 required under paragraph (1). 

7 (5) SUBJECTS.—The feasibility studies required 

8 under paragraph (1) shall study the costs, security 

9 considerations, and anticipated health benefits of de10 creasing the size of the incarcerated population, up11 dating, installing, or retrofitting infrastructure in 

12 Federal carceral facilities and establishing, sup13 porting, or expanding programs in order to minimize 

14 exposure or increase resiliency to environmental 

15 stressors at the point of use or exposure to such 

16 stressors, including factors such as— 

17 (A) air quality, ventilation, heating, insula18 tion, air conditioning, shade, and air filtration; 

19 (B) fire safety; 

20 (C) water treatment, filtration, and soft21 ening; 

22 (D) asbestos abatement; 

23 (E) pest, mold, and communicable disease 

24 abatement; 

25 (F) natural light; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
36 

•S 4757 IS

1 (G) noise pollution; 

2 (H) waste management; 

3 (I) opportunities for exercise available to 

4 incarcerated people; 

5 (J) green space, including gardens, indoor 

6 plants, and other healthy vegetation visible to 

7 incarcerated people; and 

8 (K) organic farming, hydroponics, green9 houses, and other methods of producing nutri10 tious foods at or near Federal carceral facilities 

11 consumed by incarcerated people within the fa12 cility. 

13 (b) PRIORITIZATION.—In selecting Federal carceral 

14 facilities on which to focus the studies conducted under 

15 subsection (a)(1), the Director, in coordination with the 

16 Director of the United States Marshals Service, the Direc17 tor of U.S. Immigration and Customs Enforcement, and 

18 the Director of the Bureau of Indian Affairs, shall 

19 prioritize Federal carceral facilities based on— 

20 (1) the size of the vulnerable population at the 

21 Federal carceral facility; 

22 (2) the known prevalence of environmental 

23 stressors at the Federal carceral facility; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
37 

•S 4757 IS

1 (3) the degree to which studies would fill data 

2 gaps in environmental health at the Federal carceral 

3 facility; 

4 (4) the proximity of the Federal carceral facility 

5 to sources of pollution, such as landfills, factories, 

6 and Superfund sites; and 

7 (5) the age of the environmental health infra8 structure of the Federal carceral facility. 

9 (c) FEEDBACK.—The Director, in coordination with 

10 the Director of the United States Marshals Service, the 

11 Director of U.S. Immigration and Customs Enforcement, 

12 and the Director of the Bureau of Indian Affairs, shall 

13 solicit feedback on the feasibility studies conducted under 

14 subsection (a)(1) by— 

15 (1) establishing a forum for public comment 

16 that enables feedback from stakeholders, including— 

17 (A) incarcerated people and formerly incar18 cerated people; 

19 (B) Federal carceral facility staff; 

20 (C) family and friends of incarcerated peo21 ple; 

22 (D) contractors of Federal carceral facili23 ties; 

24 (E) relevant community-based organiza25 tions; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
38 

•S 4757 IS

1 (F) relevant organizations; 

2 (G) healthcare providers; and 

3 (H) public health researchers; and 

4 (2) soliciting the opinion of the advisory panel 

5 established under section 4(b). 

6 (d) FACILITY IMPROVEMENTS.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date on which the Director makes the feasibility 

9 studies conducted pursuant to subsection (a)(1) pub10 licly available, the Director, in coordination with the 

11 Director of the United States Marshals Service, the 

12 Director of U.S. Immigration and Customs Enforce13 ment, and the Director of the Bureau of Indian Af14 fairs, in consultation with the advisory panel estab15 lished under section 4(b), shall make improvements 

16 to the environmental health of incarcerated people 

17 and carceral facility staff at not fewer than 5 of the 

18 Federal carceral facilities that were the subject of 

19 feasibility studies by decreasing the size of the incar20 cerated population, updating, installing, or retro21 fitting infrastructure in the facilities, or establishing, 

22 supporting, or expanding programs pursuant to 

23 paragraph (3). 

24 (2) CONSIDERATIONS.—In carrying out para25 graph (1), the Director, in coordination with the DiVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
39 

•S 4757 IS

1 rector of the United States Marshals Service, the 

2 Director of U.S. Immigration and Customs Enforce3 ment, and the Director of the Bureau of Indian Af4 fairs, shall take into account— 

5 (A) the feasibility studies conducted under 

6 subsection (a)(1); and 

7 (B) the feedback received pursuant to sub8 section (c). 

9 (3) SCOPE OF IMPROVEMENTS.—In carrying 

10 out paragraph (1), funds may only be used to— 

11 (A) improve infrastructure in carceral fa12 cilities relating to air quality, ventilation, tem13 perature, water quality, water treatment, waste 

14 management, noise pollution, and light pollu15 tion; 

16 (B) increase the access of incarcerated 

17 people and carceral facility staff to natural light 

18 and green space; 

19 (C) establish, support, or expand opportu20 nities for incarcerated people to grow or raise 

21 nutritious and culturally relevant food through 

22 organic farming, hydroponics, or greenhouses to 

23 be consumed by incarcerated people within the 

24 carceral facility at which the food is grown; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
40 

•S 4757 IS

1 (D) improve the nutrition of meals served 

2 to incarcerated people, including when feasible 

3 by serving fresh fruits and vegetables at no ad4 ditional charge; 

5 (E) improve the occupational health and 

6 safety of incarcerated people by providing per7 sonal protective equipment and establishing 

8 safer work opportunities; 

9 (F) educate incarcerated people and 

10 carceral facility staff on strategies and options 

11 to minimize exposure to environmental stressors 

12 and otherwise safeguard or improve environ13 mental health; 

14 (G) train carceral facility staff to recognize 

15 signs of illness relating to environmental health 

16 and appropriately intervene to mitigate the en17 vironmental stressors causing such illnesses; 

18 (H) establish, support, or expand pretrial 

19 diversion, reentry, compassionate release, and 

20 other programs that provide an alternative to 

21 incarceration, especially for vulnerable popu22 lations; 

23 (I) improve access to quality medical care 

24 from non-profit providers for incarcerated peo25 ple and carceral facility staff, including physical 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
41 

•S 4757 IS

1 and mental health care, ensure medical per2 sonnel in carceral facilities are adequately 

3 trained to detect and treat illnesses related to 

4 environmental health, and facilitate the transfer 

5 of health records to community providers as 

6 people exit the criminal justice system to facili7 tate continuity of care; and 

8 (J) purchase items that could be used to 

9 rapidly mitigate exposure to environmental 

10 health stressors in times of an emergency with11 out additional cost to incarcerated people and 

12 carceral facility staff, such as clothing, blan13 kets, bottled water, fans, and air filters. 

14 (4) COMPENSATION OF COMMUNITY BASED OR15 GANIZATIONS.—Funds may be used to compensate 

16 community based organizations and other non-profit 

17 organizations that support or further the improve18 ments and programs listed under paragraph (3). 

19 (5) RESTRICTION.—In carrying out this sub20 section— 

21 (A) funds may not be used to carry out in22 frastructure improvements or actions that in23 crease the capacity of Federal carceral facilities 

24 to hold additional incarcerated people; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
42 

•S 4757 IS

1 (B) funds may not be used to pay carceral 

2 facility staff; and 

3 (C) not more than 5 percent of the funds 

4 appropriated pursuant to subsection (e) may be 

5 used for the purposes of carrying out subpara6 graphs (I) or (J) of paragraph (3). 

7 (6) COMPLETION DATE.—The programs estab8 lished under paragraph (1) shall be completed not 

9 later than 5 years after the feasibility studies con10 ducted under subsection (a)(1) are made publicly 

11 available pursuant to such subsection. 

12 (7) PARTICIPATION.—To the extent practicable, 

13 including through reevaluation of policies that re14 strict the access of incarcerated people to tools or re15 strict the time incarcerated people spend outside of 

16 cells at carceral facilities, the Director shall provide 

17 opportunities for incarcerated people to actively par18 ticipate in the improvements described in paragraph 

19 (1). 

20 (8) REPORT.—Not later than 1 year after the 

21 completion of the programs established under para22 graph (1), the Director, in coordination with the Di23 rector of the U.S. Marshals Service, the Director of 

24 U.S. Immigration and Customs Enforcement, and 

25 the Director of the Bureau of Indian Affairs, shall 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
43 

•S 4757 IS

1 submit to the appropriate congressional committees 

2 a report detailing the outcomes of the programs es3 tablished, supported, or expanded under paragraph 

4 (1), including— 

5 (A) quantitative indicators of the success 

6 of the programs at improving the environmental 

7 health of incarcerated people and carceral facil8 ity staff, including, when feasible, data 

9 disaggregated by race, ethnicity, sex, gender, 

10 primary language, age, disability status, sexu11 ality, and, in the case of an incarcerated per12 son, the category of the criminal charge against 

13 the person; 

14 (B) relevant quantitative and qualitative 

15 evaluations of incarcerated people and carceral 

16 facility staff on the perceived impact of the pro17 gram; and 

18 (C) strategies to replicate the programs at 

19 other Federal carceral facilities. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $10,000,000 for each of fiscal years 2025 through 2029. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
44 

•S 4757 IS

1 SEC. 9. GRANT PROGRAM TO IMPROVE ENVIRONMENTAL 

2 HEALTH OUTCOMES FOR PEOPLE IN STATE, 

3 LOCAL, AND TRIBAL CARCERAL FACILITIES. 

4 (a) DEFINITIONS.—In this section: 

5 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a State government; 

8 (B) a local government; or 

9 (C) a federally recognized Tribal govern10 ment. 

11 (2) PROGRAM.—The term ‘‘Program’’ means 

12 the Environmental Health for Incarcerated People 

13 Grant Program established under subsection (b). 

14 (3) STATE.—The term ‘‘State’’ means any 

15 State of the United States, the District of Columbia, 

16 the Commonwealth of Puerto Rico, the Virgin Is17 lands, Guam, American Samoa, and the Common18 wealth of the Northern Mariana Islands. 

19 (b) ESTABLISHMENT.—There is established within 

20 the Office of Environmental Justice and External Civil 

21 Rights of the Environmental Protection Agency the Envi22 ronmental Health for Incarcerated People Grant Program. 

23 (c) AWARDS.—Not later than 1 year after the date 

24 of enactment of this Act, the Administrator of the Envi25 ronmental Protection Agency, acting through the Assist26 ant Administrator of the Office of Environmental Justice 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
45 

•S 4757 IS

1 and External Civil Rights, shall award grants under the 

2 Program to eligible entities for the purpose of decreasing 

3 the size of the incarcerated population, updating, install4 ing, or retrofitting infrastructure, or establishing, sup5 porting, or expanding programs in State, local, and Tribal 

6 carceral facilities to improve environmental health out7 comes for incarcerated people and carceral facility staff 

8 pursuant to subsection (g). 

9 (d) APPLICATIONS.—An eligible entity seeking a 

10 grant under the Program shall submit to the Office of En11 vironmental Justice and External Civil Rights an applica12 tion at such time, in such manner, and containing such 

13 information as the Assistant Administrator of the Office 

14 of Environmental Justice and External Civil Rights may 

15 require. 

16 (e) CONSULTATION.—In awarding grants under the 

17 Program, the Assistant Administrator of the Office of En18 vironmental Justice and External Civil Rights shall con19 sult stakeholders, such as— 

20 (1) relevant community-based organizations, 

21 such as organizations that represent incarcerated 

22 and formerly incarcerated people including people 

23 currently and formerly incarcerated in juvenile se24 cure facilities and civil commitment facilities, and 

25 organizations that seek to improve environmental 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
46 

•S 4757 IS

1 health outcomes for incarcerated people and carceral 

2 facility staff; 

3 (2) environmental and public health researchers 

4 and policy experts; and 

5 (3) relevant advocacy organizations. 

6 (f) PRIORITY.—In awarding grants under the Pro7 gram, the Assistant Administrator of the Office of Envi8 ronmental Justice and External Civil Rights shall 

9 prioritize eligible entities based on— 

10 (1) the size of the vulnerable population incar11 cerated under the jurisdiction of the eligible entity; 

12 (2) the known prevalence of environmental 

13 stressors in or near carceral facilities under the ju14 risdiction of the eligible entity; 

15 (3) the degree to which grants would fill gaps 

16 in data on environmental health variables described 

17 in subsection (g) at State, local, and Tribal carceral 

18 facilities; 

19 (4) the proximity of carceral facilities under the 

20 jurisdiction of the eligible entity to sources of pollu21 tion, such as landfills, factories, and Superfund 

22 sites; and 

23 (5) the extent to which the eligible entity has 

24 demonstrated a commitment to improving the enviVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
47 

•S 4757 IS

1 ronmental health of incarcerated people, including 

2 by making— 

3 (A) prior investments in environmental 

4 health infrastructure at carceral facilities; and 

5 (B) prior efforts to comply with court-or6 dered schedules to meet environmental stand7 ards at carceral facilities. 

8 (g) USE OF FUNDS.—An eligible entity that receives 

9 a grant under the Program shall use amounts from the 

10 grant to decrease the size of the incarcerated population, 

11 update, install, or retrofit infrastructure, and establish, 

12 support, or expand programs that minimize environmental 

13 stressors at points of use or exposure of incarcerated peo14 ple by— 

15 (1) improving infrastructure in carceral facili16 ties relating to air quality, ventilation, temperature, 

17 shade, water quality, water treatment, waste man18 agement, noise pollution, or light pollution; 

19 (2) increasing the access of incarcerated people 

20 and carceral facility staff to natural light and green 

21 space; 

22 (3) establishing, supporting, or expanding op23 portunities for incarcerated people to grow or raise 

24 nutritious and culturally relevant food through or25 ganic farming, hydroponics, or greenhouses to be 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
48 

•S 4757 IS

1 consumed by incarcerated people within the carceral 

2 facility at which the food is grown; 

3 (4) improving the nutrition of meals served to 

4 incarcerated people, including by serving fresh fruits 

5 and vegetables at no additional charge; 

6 (5) improving the occupational health and safe7 ty of incarcerated people by providing personal pro8 tective equipment and establishing safer work oppor9 tunities; 

10 (6) educating incarcerated people and carceral 

11 facility staff on strategies and options to minimize 

12 exposure to environmental stressors and otherwise 

13 safeguard or improve environmental health; 

14 (7) training carceral facility staff to recognize 

15 signs of illness relating to environmental health and 

16 appropriately intervene to mitigate the environ17 mental stressors causing such illnesses; 

18 (8) establishing, supporting, or expanding pre19 trial diversion, reentry, compassionate release, and 

20 other programs that provide an alternative to incar21 ceration, especially for vulnerable populations; 

22 (9) improving access to quality medical care 

23 from non-profit providers for incarcerated people 

24 and carceral facility staff, including physical and 

25 mental health care, ensuring medical personnel in 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
49 

•S 4757 IS

1 carceral facilities are adequately trained to detect 

2 and treat illnesses related to environmental health, 

3 and facilitating the transfer of health records to 

4 community providers as people exit the criminal jus5 tice system to facilitate continuity of care; or 

6 (10) purchasing items that could be used to 

7 rapidly mitigate exposure to environmental health 

8 stressors in times of an emergency without addi9 tional cost to incarcerated people and carceral facil10 ity staff, such as clothing, blankets, bottled water, 

11 fans, and air filters. 

12 (h) COMPENSATION OF COMMUNITY BASED ORGANI13 ZATIONS.—An eligible entity that receives a grant under 

14 the Program may use amounts from the grant to com15 pensate community based organizations and other non16 profit organizations that support or further the improve17 ments and programs pursuant to subsection (g). 

18 (i) RESTRICTIONS.—In carrying out this sub19 section— 

20 (1) funds may not be used to carry out infra21 structure improvements or actions that increase the 

22 capacity of carceral facilities to hold additional in23 carcerated people; 

24 (2) funds may not be used to pay carceral facil25 ity staff; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
50 

•S 4757 IS

1 (3) an eligible entity may not use more than 5 

2 percent of amounts from a grant awarded under the 

3 Program to facilitate the aims pursuant to sub4 section (g)(9) or purchase rapid response items pur5 suant to subsection (g)(10). 

6 (j) DURATION.—A grant awarded under the Program 

7 shall be for a 5-year period. 

8 (k) DUTIES.—A State, local, or Tribal government 

9 that receives a grant under the Program shall— 

10 (1) implement the program or initiative funded 

11 by the grant; and 

12 (2) not later than 1 year after the date of the 

13 termination of the grant, report to the Attorney 

14 General outputs and outcomes of the program or ini15 tiative described in paragraph (1), including infor16 mation on— 

17 (A) quantitative indicators of the success 

18 of the program or initiative at improving the 

19 environmental health of incarcerated people and 

20 carceral facility staff, including data 

21 disaggregated by race, ethnicity, sex, gender, 

22 primary language, age, disability status, sexu23 ality, and, in the case of an incarcerated per24 son, the category of the criminal charge against 

25 the person; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
51 

•S 4757 IS

1 (B) relevant quantitative and qualitative 

2 evaluations of incarcerated people and carceral 

3 facility staff on the perceived impact of the pro4 gram or initiative; 

5 (C) strategies to sustain the program or 

6 initiative beyond the duration of the grant; 

7 (D) emergency management protocols for 

8 responding to environmental health threats at 

9 carceral facilities under the jurisdiction of the 

10 grant recipient; and 

11 (E) strategies to replicate the successful 

12 aspects of the program or initiative at other 

13 carceral facilities. 

14 (l) REPORT.—Not later than 6 years after the date 

15 of enactment of this Act, the Administrator of the Envi16 ronmental Protection Agency shall submit to the appro17 priate congressional committees a report detailing the out18 comes of grants awarded under the Program. 

19 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Assistant Admin21 istrator of the Office of Environmental Justice and Exter22 nal Civil Rights to carry out this section $50,000,000 for 

23 each of fiscal years 2025 through 2029. 

24 (n) DISTRIBUTION OF FUNDS.—Not less than 15 

25 percent of funds appropriated under this section shall be 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
52 

•S 4757 IS

1 directed to support programs and initiatives that benefit 

2 Tribal carceral facilities. 

3 SEC. 10. REPORT ON MITIGATION AND ADAPTATION MEAS4 URES. 

5 Not later than 2 years after the date of enactment 

6 of this Act, and every 5 years thereafter, the Director, in 

7 coordination with the Director of the United States Mar8 shals Service, the Director of U.S. Immigration and Cus9 toms Enforcement, and the Director of the Bureau of In10 dian Affairs, shall submit to the appropriate congressional 

11 committees a report detailing— 

12 (1) rapid-response and longer-term measures 

13 undertaken at Federal carceral facilities to— 

14 (A) mitigate the exposure of incarcerated 

15 people and staff of Federal carceral facilities to 

16 ambient air pollutants; 

17 (B) improve indoor air quality; 

18 (C) improve water quality at point of use 

19 and increase access to safe water for incarcer20 ated people and carceral facility staff; 

21 (D) mitigate the exposure of incarcerated 

22 people and staff of Federal carceral facilities to 

23 extreme cold and heat; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
53 

•S 4757 IS

1 (E) increase opportunities for incarcerated 

2 people and staff of Federal carceral facilities to 

3 access natural light and green space; 

4 (F) ensure incarcerated people have access 

5 to a healthy, culturally relevant, and nutritious 

6 diet; 

7 (G) abate asbestos, pests, mold, and com8 municable diseases; 

9 (H) improve the occupational health and 

10 safety of incarcerated laborers and carceral fa11 cility staff; and 

12 (I) improve access to quality medical care 

13 for incarcerated people and carceral facility 

14 staff, including physical and mental health care, 

15 and ensure medical personnel in carceral facili16 ties are adequately trained to detect and treat 

17 illnesses related to environmental health; 

18 (2) plans in place to mitigate or adapt to 

19 events, such as natural disasters or equipment fail20 ure, that increase the exposure of incarcerated peo21 ple and staff of Federal carceral facilities to environ22 mental stressors; 

23 (3) evaluations from incarcerated people de24 scribing the extent to which the measures and plans 

25 described under paragraphs (1) and (2) are conduVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
54 

•S 4757 IS

1 cive to improving or protecting the environmental 

2 health of vulnerable populations within Federal 

3 carceral facilities; and 

4 (4) data limitations and monitoring constraints 

5 that inhibit the mitigation of or adaptation to envi6 ronmental stressors at Federal carceral facilities. 

7 SEC. 11. PROHIBITION ON PENALIZATION OR RETALIATION. 

8 (a) DEFINITION.—In this section, the term ‘‘penal9 ized or retaliated against’’ includes actions such as— 

10 (1) being placed in solitary confinement; 

11 (2) having employment terminated; 

12 (3) being placed on employment leave; 

13 (4) being assigned to unfavorable labor; 

14 (5) being transferred to a different cell, cell15 block, or facility; 

16 (6) having privileges revoked; or 

17 (7) being subjected to unequal enforcement of 

18 policies. 

19 (b) FEDERAL CARCERAL FACILITIES.—A person in20 carcerated at, or carceral facility staff employed at, a Fed21 eral carceral facility may not be penalized or retaliated 

22 against for— 

23 (1) requesting, responding to requests for, or 

24 volunteering information pursuant to this Act on en25 vironmental health conditions in any Federal 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
55 

•S 4757 IS

1 carceral facility, including requesting information 

2 collected pursuant to section 4, serving on or com3 municating with the advisory panel established 

4 under section 4, or providing evaluations for inclu5 sion in the reports submitted under sections 4, 8, 

6 and 10; or 

7 (2) filing an administrative complaint pursuant 

8 to subsection (f). 

9 (c) STATE, LOCAL, AND TRIBAL CARCERAL FACILI10 TIES.—A person incarcerated at, or carceral facility staff 

11 employed at, a carceral facility operated by, affiliated with, 

12 or operated under a contract with a State or federally rec13 ognized Indian Tribe that has received funds from a grant 

14 under section 9 may not be penalized or retaliated against 

15 for— 

16 (1) requesting, responding to requests for, or 

17 volunteering information on environmental health 

18 conditions in any State, local, or Tribal carceral fa19 cility, including providing evaluations for inclusion in 

20 reports under section 9; or 

21 (2) filing an administrative complaint pursuant 

22 to subsection (f). 

23 (d) CAUSE OF ACTION.—Notwithstanding section 7 

24 of the Civil Rights of Institutionalized Persons Act (42 

25 U.S.C. 1997e), any person who alleges penalization or reVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
56 

•S 4757 IS

1 taliation in violation of subsection (b) or (c) may bring 

2 an action under this subsection against the Federal, State, 

3 local, or Tribal government in the district court of the 

4 United States for the district in which the facility at which 

5 the violation is alleged to have occurred is located, for the 

6 relief available under subsection (e). 

7 (e) RELIEF.—Relief for a person prevailing in an ac8 tion brought under subsection (d) may include— 

9 (1) mandatory or prohibitive injunctive relief to 

10 prevent or terminate any acts in violation of sub11 section (b) or (c); 

12 (2) damages for wages lost due to penalization 

13 or retribution in violation of subsection (b) or (c); 

14 and 

15 (3) compensation for litigation costs, filing fees, 

16 expert witness fees, and reasonable attorneys’ fees. 

17 (f) ADMINISTRATIVE COMPLAINT.—Any incarcerated 

18 person or carceral facility staff who has been penalized 

19 or retaliated against in violation of subsection (b) or (c) 

20 may file an administrative complaint with the Attorney 

21 General, the status or outcome of which shall not alter 

22 a person’s right to bring an action under subsection (d). 

23 (g) FEDERAL VIOLATIONS.—Upon receiving an ad24 ministrative complaint pursuant to subsection (f), the At25 torney General, acting through the Director, may take disVerDate Sep 11 2014 01:04 Aug 22, 2024 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4757.IS S4757

kjohnson on DSK7ZCZBW3PROD with $$_JOB
57 

•S 4757 IS

1 ciplinary action against carceral facility staff who violate 

2 subsection (b). 

3 (h) STATE, LOCAL, AND TRIBAL VIOLATIONS.— 

4 (1) IN GENERAL.—Upon receiving an adminis5 trative complaint pursuant to subsection (f), the Ad6 ministrator of the Environmental Protection Agency, 

7 acting through the Assistant Administrator of the 

8 Office of Environmental Justice and External Civil 

9 Rights, may modify or revoke, after opportunity for 

10 a hearing, a grant awarded to an eligible entity pur11 suant to section 9 upon finding a violation of sub12 section (c). 

13 (2) LIMITATION.—No such modification or rev14 ocation may be made pursuant to paragraph (1) 

15 until the Assistant Administrator of the Office of 

16 Environmental Justice and External Civil Rights has 

17 advised the appropriate person or persons affiliated 

18 with the eligible entity of the violation and has de19 termined that subsequent compliance cannot be se20 cured by voluntary means. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB