I 

118TH CONGRESS 

2D SESSION H. R. 9073 

To improve the environmental health outcomes of incarcerated people and 

carceral facility workers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2024 

Ms. PRESSLEY (for herself, Mr. BOWMAN, Ms. NORTON, Mrs. RAMIREZ, and 

Ms. TLAIB) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To improve the environmental health outcomes of incarcerated people and carceral facility workers, and for other 

purposes. 

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. Sense of Congress. 

Sec. 3. Definitions. 


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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. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) many of the specific examples of environ4 mental injustice detailed in subsection (a) are wide5 spread at carceral facilities throughout the United 

6 States; 

7 (2) many of the examples of environmental in8 justice detailed in subsection (a) are also commonly 

9 encountered within communities with higher than 

10 average incarceration rates, thereby perpetuating 

11 systemic patterns of environmental harm; 

12 (3) racial minorities and LGBTQ+ people are 

13 more likely to be incarcerated and therefore bear a 

14 disproportionate burden of the environmental health 

15 impacts of mass incarceration; and 

16 (4) incarcerated people and carceral facility 

17 staff should— 

18 (A) have the right to a healthy living envi19 ronment; 


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1 (B) have access to reasonable alternatives 

2 and options during environmental health emer3 gencies; and 

4 (C) have access to comprehensible informa5 tion regarding environmental health variables, 

6 rights, and mitigation and adaptation measures 

7 to overcome environmental health threats. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means the Committee on the Judiciary and 

13 the Committee on Environment and Public Works of 

14 the Senate and the Committee on the Judiciary, the 

15 Committee on Oversight and Accountability, and the 

16 Committee on Energy and Commerce of the House 

17 of Representatives. 

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

19 facility’’— 

20 (A) means physical infrastructure or an 

21 environment in which currently incarcerated 

22 people are held or required to spend significant 

23 periods of time; and 

24 (B) includes a prison, jail, juvenile deten25 tion center, juvenile secure facility, mental 


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1 health facility, treatment facility, rehabilitation 

2 center, civil commitment facility, civil detention 

3 facility, and immigration facility. 

4 (3) CARCERAL FACILITY STAFF.—The term 

5 ‘‘carceral facility staff’’— 

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

7 who volunteers at, a carceral facility who faces 

8 exposure to similar environmental stressors as 

9 people incarcerated at the facility; and 

10 (B) includes a person described in sub11 paragraph (A) who is a correctional officer, 

12 guard, contractor, grounds staff, maintenance 

13 staff, cafeteria staff, commissary and canteen 

14 staff, program staff, educator, healthcare work15 er, religious staff, legal counsel or advocate, or 

16 volunteer. 

17 (4) COMPREHENSIBLE INFORMATION.—The 

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

19 information communicated to an incarcerated per20 son, means a standard of accessibility that— 

21 (A) is in agreement with a native language 

22 of the person or a language the person speaks 

23 or reads with enough fluency to comprehend 

24 technical information; 


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1 (B) facilitates comprehension based on the 

2 educational level and disability status of the 

3 person; 

4 (C) provides opportunity to seek out clari5 fication and ask questions regarding the infor6 mation and its implications for environmental 

7 health; and 

8 (D) complies with section 504 of the Reha9 bilitation Act of 1974 (29 U.S.C. 794), and its 

10 implementing regulations or any successor regu11 lations, and title II of the Americans with Dis12 abilities Act (42 U.S.C. 12131 et seq.), and its 

13 implementing regulations or any successor regu14 lations. 

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

16 the Director of the Federal Bureau of Prisons. 

17 (6) ENVIRONMENTAL HEALTH.—The term ‘‘en18 vironmental health’’ means aspects of human health, 

19 including quality of life and disease, that are im20 pacted by environmental stressors. 

21 (7) ENVIRONMENTAL STRESSOR.—The term 

22 ‘‘environmental stressor’’ means a physical, biologi23 cal, chemical, or other aspect of the natural or built 

24 environment, including the presence or absence of 


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1 functional infrastructure, which can lead to adverse 

2 health outcomes. 

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

4 the condition of being subject to an environmental 

5 stressor through inhalation, consumption, drinking, 

6 absorption, ambient conditions, or close proximity. 

7 (9) FEDERAL CARCERAL FACILITY.—The term 

8 ‘‘Federal carceral facility’’ means a carceral facility 

9 operated by, affiliated with, or operated under a con10 tract with— 

11 (A) the Bureau of Prisons; 

12 (B) the United States Marshals Service; 

13 (C) U.S. Immigration and Customs En14 forcement; or 

15 (D) the Bureau of Indian Affairs. 

16 (10) INCARCERATED PERSON.—The term ‘‘in17 carcerated person’’— 

18 (A) means an individual held in a carceral 

19 facility; and 

20 (B) includes an individual awaiting trial, 

21 an individual awaiting a ruling by an immigra22 tion judge, and an individual serving a sen23 tence. 

24 (11) STATE, LOCAL, OR TRIBAL CARCERAL FA25 CILITY.—The term ‘‘State, local, or Tribal carceral 


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1 facility’’ means a carceral facility operated by, affili2 ated with, or operated under a contract with a State, 

3 local, or Tribal government. 

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

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

6 National Priorities List developed by the President 

7 in accordance with section 105(a)(8)(B) of the Com8 prehensive Environmental Response, Compensation, 

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

10 9605(a)(8)(B)). 

11 (13) VULNERABLE POPULATION.—The term 

12 ‘‘vulnerable population’’— 

13 (A) means a group of incarcerated people 

14 and carceral facility staff who are at higher risk 

15 of exposure to environmental stressors or higher 

16 risk of negative health outcomes from exposure 

17 to environmental stressors; and 

18 (B) includes— 

19 (i) people who are older than 50 years 

20 of age; 

21 (ii) children; 

22 (iii) adolescents; 

23 (iv) young adults who are between 18 

24 years of age and 25 years of age; 


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1 (v) pregnant, post-natal, or 

2 breastfeeding people; 

3 (vi) people who have preexisting med4 ical conditions or take medications that 

5 can make them more susceptible to heat or 

6 cold; 

7 (vii) people who work or labor at sites 

8 having conditions hazardous to human 

9 health; 

10 (viii) people who have a disability that 

11 makes them especially susceptible to envi12 ronmental stressors or less able to mitigate 

13 exposure to environmental stressors; 

14 (ix) people who have been substan15 tially and cumulatively exposed to environ16 mental stressors on account of the dura17 tion of their sentence; and 

18 (x) people who are not yet acclimated 

19 to environmental stressors that are com20 monly experienced during incarceration, in21 cluding those who have been incarcerated 

22 for less than 1 year from the date of in23 take. 


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1 SEC. 4. IMPROVING ENVIRONMENTAL MONITORING AND 

2 REPORTING AT FEDERAL CARCERAL FACILI3 TIES. 

4 (a) DATA.— 

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

6 the date of enactment of this Act, and annually 

7 thereafter, the Director, the Director of the United 

8 States Marshals Service, the Director of U.S. Immi9 gration and Customs Enforcement, and the Director 

10 of the Bureau of Indian Affairs, in coordination with 

11 the Administrator of the Environmental Protection 

12 Agency, shall make publicly available, including on a 

13 publicly accessible website, data on the prevalence 

14 of, and exposure to, environmental stressors at Fed15 eral carceral facilities, including— 

16 (A) the ambient air quality of outdoor rec17 reational space and how levels of carbon mon18 oxide, lead, nitrogen oxides, ground-level ozone, 

19 particulate matter, and sulfur dioxide compare 

20 to the National Ambient Air Quality Standards 

21 of the Environmental Protection Agency; 

22 (B) the indoor air quality of spaces in 

23 which incarcerated people are held or to which 

24 incarcerated people have access; 

25 (C) how the indoor air quality of spaces 

26 described in subparagraph (B) compares to— 


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1 (i) thresholds defined by the Air Qual2 ity Index; and 

3 (ii) action levels issued by the Envi4 ronmental Protection Agency, including the 

5 radon action level; 

6 (D) how the indoor air quality infrastruc7 ture compares to standards promulgated and 

8 guidance issued by the Occupational Safety and 

9 Health Administration and the American Soci10 ety of Heating, Refrigerating and Air-Condi11 tioning Engineers; 

12 (E) the presence of asbestos; 

13 (F) the quality of water that incarcerated 

14 people receive to drink, use for sanitary pur15 poses, or otherwise consume relative to— 

16 (i) primary drinking water regulations 

17 or secondary drinking water regulations 

18 (as those terms are defined in section 1401 

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

20 300f)); and 

21 (ii) the regulatory standards set by 

22 the State or Tribal agency that has juris23 diction over the facility; 

24 (G) the mean and range of temperatures 

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1 midity, to which incarcerated people are ex2 posed in different seasons; 

3 (H) the presence of pests, mold, and com4 municable diseases; 

5 (I) access to natural light, light levels con6 ducive to sleep, and green space; 

7 (J) the quality of the diets of incarcerated 

8 people relative to the Dietary Guidelines for 

9 Americans published by the Department of 

10 Health and Human Services and the Depart11 ment of Agriculture; 

12 (K) the levels of noise in areas where in13 carcerated people spend or are required to 

14 spend significant amounts of time; and 

15 (L) how the noise levels described in sub16 paragraph (K) compare to guidance issued by 

17 the Centers for Disease Control and the Occu18 pational Safety and Health Administration. 

19 (2) DATA PRINCIPLES.—The Director, the Di20 rector of the United States Marshals Service, the 

21 Director of U.S. Immigration and Customs Enforce22 ment, and the Director of the Bureau of Indian Af23 fairs shall ensure that the data published under 

24 paragraph (1)— 


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

2 exposure of incarcerated people; 

3 (B) abide by the principles of findability, 

4 accessibility, interoperability, and reusability, as 

5 commonly defined in scientific literature; 

6 (C) are timely and freely available; 

7 (D) are published in a machine-readable 

8 file format, to support academic research, jour9 nalistic investigation, and advocacy; 

10 (E) to the extent practicable, are provided 

11 in a format and are accompanied by informa12 tion, such as the number of incarcerated people 

13 at the facility and capacity of the facility, that 

14 facilitates use by the judicial system in deter15 mining sentencing and eligibility for incarcer16 ation diversion programs; 

17 (F) to the extent practicable, while main18 taining anonymity, are disaggregated by facil19 ity, State, location, race, ethnicity, immigration 

20 status, native language, sexual orientation, sex, 

21 gender, educational achievement, age, disability 

22 status, pregnancy status, duration of sentence, 

23 previous incarceration history, and category of 

24 the criminal charge against the person; 


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1 (G) to the extent practicable, are 

2 disaggregated to levels that track exposure at 

3 the level of discrete individuals, ensuring that 

4 personally identifiable information is removed; 

5 and 

6 (H) to the extent practicable, include infor7 mation on economic cost and years of life lost 

8 associated with the cumulative exposure of in9 carcerated people and carceral facility staff to 

10 environmental stressors at Federal carceral fa11 cilities. 

12 (b) ADVISORY PANEL.— 

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

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

15 in coordination with the Director of the United 

16 States Marshals Service, the Director of U.S. Immi17 gration and Customs Enforcement, and the Director 

18 of the Bureau of Indian Affairs, in consultation with 

19 the Administrator of the Environmental Protection 

20 Agency, shall establish and provide resources for an 

21 independent advisory panel authorized to— 

22 (A) conduct research on environmental 

23 health at all Federal carceral facilities; 


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1 (B) provide recommendations to increase 

2 monitoring of environmental stressors at all 

3 Federal carceral facilities; 

4 (C) provide recommendations for policy 

5 interventions to mitigate and adapt to environ6 mental health threats at all Federal carceral fa7 cilities; 

8 (D) advise on which environmental 

9 stressors arise from factors within Federal 

10 carceral facilities and which environmental 

11 stressors arise from factors external to Federal 

12 carceral facilities, and advise on interagency 

13 collaborations to mitigate these external factors; 

14 and 

15 (E) advise on any emergency management 

16 protocols established to respond to environ17 mental health threats at facilities. 

18 (2) MEMBERS.—The advisory panel established 

19 under paragraph (1) shall be comprised of public 

20 health researchers and experts, currently and for21 merly incarcerated people, people currently and for22 merly incarcerated in juvenile justice systems, 

23 carceral facility staff, carceral facility staff union 

24 leaders, organizations that seek to improve the envi25 ronmental health of incarcerated people and people 


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1 incarcerated in juvenile justice systems, and commu2 nity-based organizations that represent currently 

3 and formerly incarcerated people. 

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

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

6 the Director, in coordination with the Director of the 

7 United States Marshals Service, the Director of U.S. Im8 migration and Customs Enforcement, and the Director of 

9 the Bureau of Indian Affairs, shall submit to the appro10 priate congressional committees and make publicly avail11 able a report detailing, for each Federal carceral facility— 

12 (1) applicable recommendations described in 

13 subsection (b); 

14 (2) the prevalence and quantitative measure15 ments of the environmental stressors described in 

16 section 4(a)(1); and 

17 (3) compiled narratives or qualitative data pro18 vided by incarcerated people, formerly incarcerated 

19 people who were released from custody not more 

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

21 submitted, and carceral facility staff on environ22 mental health conditions. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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1 essary to carry out the monitoring and data reporting re2 quirements under this section. 

3 SEC. 5. COMMUNICATING HEALTH INFORMATION AND OP4 TIONS. 

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

6 after the date of enactment of this Act, the Attorney Gen7 eral, acting through the Director, shall conduct assess8 ments of existing data and establish regulations that en9 sure that incarcerated people and carceral facility staff in 

10 each Federal carceral facility under the jurisdiction of the 

11 Bureau of Prisons receive, upon intake or commencement 

12 of employment, and annually thereafter, oral and written 

13 comprehensible information on— 

14 (1) the prevalence and quantitative measure15 ments of environmental stressors in the respective 

16 Federal carceral facility, including the data made 

17 available under section 4(a)(1). 

18 (2) the risk of exposure to environmental 

19 stressors known to present a threat to environmental 

20 health in the respective Federal carceral facility to— 

21 (A) the general incarcerated population; 

22 (B) vulnerable populations within the gen23 eral incarcerated population; and 

24 (C) carceral facility staff; 


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1 (3) measures being undertaken by the Director 

2 to mitigate or adapt to environmental stressors 

3 known to present a threat to environmental health 

4 in the respective Federal carceral facility; and 

5 (4) a complete list of options and protective 

6 measures available to incarcerated people and 

7 carceral facility staff to address the risk of harm 

8 from exposure to environmental stressors known to 

9 present a threat to environmental health in the re10 spective Federal carceral facility, including— 

11 (A) associated costs and lower-cost or cost12 free alternatives; and 

13 (B) instructions on how incarcerated peo14 ple and carceral facility staff can avail them15 selves of these options. 

16 (b) OTHER FEDERAL CARCERAL FACILITIES.—Not 

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

18 the Director of the United States Marshals Service, the 

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

20 and the Director of the Bureau of Indian Affairs shall con21 duct assessments of existing data and establish regula22 tions substantially similar to the regulations established 

23 under subsection (a) for each Federal carceral facility 

24 under their respective jurisdictions. 


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

2 of the Civil Rights of Institutionalized Persons Act (42 

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

4 staff aggrieved by a violation of the information commu5 nication requirements under subsection (a) or (b) may 

6 bring an action under this subsection against the relevant 

7 Federal agency in the district court of the United States 

8 for the district containing the facility at which the viola9 tion is alleged to have occurred for the relief available 

10 under subsection (d). 

11 (d) RELIEF.—Relief for a person prevailing in an ac12 tion brought under subsection (c) may include— 

13 (1) mandatory injunctive relief to provide such 

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

15 (2) damages for adverse health outcomes result16 ing from the withholding of information on environ17 mental health conditions required under subsection 

18 (a) or (b); and 

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

20 expert witness fees, and reasonable attorneys’ fees. 

21 (e) PUBLICATION OF INFORMATION.— 

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

23 days after information is first provided to the rel24 evant incarcerated people and carceral facility staff 

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1 section (a), the Director shall make that information 

2 and any associated material available on a publicly 

3 accessible website. 

4 (2) OTHER FEDERAL CARCERAL FACILITIES.— 

5 Not later than 180 days after information is first 

6 provided to the relevant incarcerated people and 

7 carceral facility staff pursuant to the regulations 

8 promulgated under subsection (b), the director of 

9 the agency that the carceral facility is operated by, 

10 affiliated with, or under contract with shall make 

11 that information and any associated material pub12 licly available. 

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

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

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

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

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

18 10151 et seq.) that does not have in effect throughout the 

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

20 mandate substantially similar requirements to the require21 ments under subsection (a), the Attorney General shall en22 sure that 25 percent of the grant funding that would oth23 erwise be allocated to the State under such subpart shall 

24 be set aside for use to remediate environmental health 

25 threats in carceral facilities in the State. 


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1 SEC. 6. NATIONAL ENVIRONMENTAL POLICY ACT CONSID2 ERATIONS. 

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

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

5 Secretary of Homeland Security, and the Secretary of the 

6 Interior, in consultation with the Administrator of the En7 vironmental Protection Agency, the Council on Environ8 mental Quality, and the National Environmental Justice 

9 Advisory Council, after taking into consideration rec10 ommendations from the advisory panel and data reported 

11 pursuant to section 4, shall review and update procedures 

12 relating to the implementation of the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

14 respect to major Federal actions carried out at Federal 

15 carceral facilities. 

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

17 of enactment of this Act, the Attorney General, in coordi18 nation with the Secretary of Homeland Security and the 

19 Secretary of the Interior, shall submit a report to the ap20 propriate congressional committees detailing how the 

21 agencies’ procedures relating to the implementation of the 

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

23 4321 et seq.) with respect to major Federal actions carried 

24 out at Federal carceral facilities have been updated pursu25 ant to subsection (a). 


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1 (c) CONTENT OF ENVIRONMENTAL IMPACT STATE2 MENTS.— 

3 (1) ENVIRONMENTAL JUSTICE ANALYSIS.—An 

4 environmental impact statement prepared for a pro5 posed agency action relating to Federal carceral fa6 cilities completed pursuant to section 102(2)(C) of 

7 the National Environmental Policy Act of 1969 (42 

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

9 direct, indirect, and cumulative environmental im10 pacts of the proposed action on communities with 

11 environmental justice concerns, including both sur12 rounding communities and populations of incarcer13 ated people and carceral facility staff within the rel14 evant facility. 

15 (2) ALTERNATIVES TO INCARCERATION.—An 

16 environmental impact statement prepared for a pro17 posed agency action relating to new construction or 

18 expansion of Federal carceral facilities completed 

19 pursuant to section 102(2)(C) of the National Envi20 ronmental Policy Act of 1969 (42 U.S.C. 

21 4332(2)(C)) shall include, as part of the analysis of 

22 reasonable alternatives required pursuant to that 

23 section, analyses regarding decarceration, diversion, 

24 compassionate release, and other programs designed 

25 to reduce the size of the incarcerated population. 


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

2 final environmental assessments, findings of no significant 

3 impact, categorical exclusion determinations, environ4 mental impact statements, and supporting documentation, 

5 including Federal Register notices shall also be made read6 ily and freely accessible to incarcerated people at, or who 

7 are foreseeably likely to be transferred to, facilities im8 pacted by the applicable major Federal action, by 

9 proactively providing incarcerated people and carceral fa10 cility staff with opportunities to access and study physical 

11 or digital copies of the documents. 

12 (e) OPPORTUNITY FOR COMMENT.—All incarcerated 

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

14 likely to be transferred to or employed at, facilities im15 pacted by a major Federal action that is subject to the 

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

17 4321 et seq.) shall be given the opportunity to participate 

18 in the scoping and public review process for an environ19 mental impact statement by being given access to re20 sources to study the environmental impact statement and 

21 submit public comments. 

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

23 The relevant Federal agency shall include in its record of 

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

25 prepared for any review process subject to the National 


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

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

3 people and carceral facility staff pursuant to subsection 

4 (e) was factored into the agency’s decision-making proc5 ess. 

6 SEC. 7. PROCUREMENT LANGUAGE. 

7 Not later than 180 days after the date of enactment 

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

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

10 Customs Enforcement, and the Director of the Bureau of 

11 Indian Affairs, in coordination with the Administrator of 

12 the General Services Administration, shall implement pro13 curement language that gives preference to contractors 

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

15 any infrastructure installation in a Federal carceral facil16 ity as a result of new construction, maintenance, a retrofit, 

17 a repair, or rehabilitation of the Federal carceral facility 

18 aids in improving the environmental health of incarcerated 

19 people and carceral facility staff. 

20 SEC. 8. CREATING MODEL PROGRAMS FOR ENVIRON21 MENTAL HEALTH IMPROVEMENTS. 

22 (a) FEASIBILITY STUDIES.— 

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

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

25 coordination with the Director of the United States 


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

2 and Customs Enforcement, and the Director of the 

3 Bureau of Indian Affairs, in consultation with the 

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

5 conduct and make publicly available feasibility stud6 ies to investigate the potential environmental health 

7 benefits of improvements to carceral facilities for in8 carcerated people, carceral facility staff, and resi9 dents of surrounding communities. 

10 (2) SCOPE OF STUDIES.—The studies con11 ducted pursuant to paragraph (1) shall investigate 

12 not fewer than 10 Federal carceral facilities that 

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

14 fewer than 5,000 incarcerated people. 

15 (3) CONSULTATION.—In conducting the feasi16 bility studies required under paragraph (1), the Di17 rector shall consult with the advisory panel estab18 lished under section 4(b), the Administrator of the 

19 Environmental Protection Agency, the Secretary of 

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

21 other relevant Federal agencies. 

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

23 jurisdiction of each of the Bureau of Prisons, the 

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1 dian Affairs shall be the subject of a feasibility study 

2 required under paragraph (1). 

3 (5) SUBJECTS.—The feasibility studies required 

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

5 considerations, and anticipated health benefits of de6 creasing the size of the incarcerated population, up7 dating, installing, or retrofitting infrastructure in 

8 Federal carceral facilities and establishing, sup9 porting, or expanding programs in order to minimize 

10 exposure or increase resiliency to environmental 

11 stressors at the point of use or exposure to such 

12 stressors, including factors such as— 

13 (A) air quality, ventilation, heating, insula14 tion, air conditioning, shade, and air filtration; 

15 (B) fire safety; 

16 (C) water treatment, filtration, and soft17 ening; 

18 (D) asbestos abatement; 

19 (E) pest, mold, and communicable disease 

20 abatement; 

21 (F) natural light; 

22 (G) noise pollution; 

23 (H) waste management; 

24 (I) opportunities for exercise available to 

25 incarcerated people; 


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1 (J) green space, including gardens, indoor 

2 plants, and other healthy vegetation visible to 

3 incarcerated people; and 

4 (K) organic farming, hydroponics, green5 houses, and other methods of producing nutri6 tious foods at or near Federal carceral facilities 

7 consumed by incarcerated people within the fa8 cility. 

9 (b) PRIORITIZATION.—In selecting Federal carceral 

10 facilities on which to focus the studies conducted under 

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

12 Director of the United States Marshals Service, the Direc13 tor of U.S. Immigration and Customs Enforcement, and 

14 the Director of the Bureau of Indian Affairs, shall 

15 prioritize Federal carceral facilities based on— 

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

17 Federal carceral facility; 

18 (2) the known prevalence of environmental 

19 stressors at the Federal carceral facility; 

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

21 gaps in environmental health at the Federal carceral 

22 facility; 

23 (4) the proximity of the Federal carceral facility 

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

25 and Superfund sites; and 


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1 (5) the age of the environmental health infra2 structure of the Federal carceral facility. 

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

4 the Director of the United States Marshals Service, the 

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

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

7 solicit feedback on the feasibility studies conducted under 

8 subsection (a)(1) by— 

9 (1) establishing a forum for public comment 

10 that enables feedback from stakeholders, including— 

11 (A) incarcerated people and formerly incar12 cerated people; 

13 (B) Federal carceral facility staff; 

14 (C) family and friends of incarcerated peo15 ple; 

16 (D) contractors of Federal carceral facili17 ties; 

18 (E) relevant community-based organiza19 tions; 

20 (F) relevant organizations; 

21 (G) healthcare providers; and 

22 (H) public health researchers; and 

23 (2) soliciting the opinion of the advisory panel 

24 established under section 4(b). 

25 (d) FACILITY IMPROVEMENTS.— 


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

2 the date on which the Director makes the feasibility 

3 studies conducted pursuant to subsection (a)(1) pub4 licly available, the Director, in coordination with the 

5 Director of the United States Marshals Service, the 

6 Director of U.S. Immigration and Customs Enforce7 ment, and the Director of the Bureau of Indian Af8 fairs, in consultation with the advisory panel estab9 lished under section 4(b), shall make improvements 

10 to the environmental health of incarcerated people 

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

12 Federal carceral facilities that were the subject of 

13 feasibility studies by decreasing the size of the incar14 cerated population, updating, installing, or retro15 fitting infrastructure in the facilities, or establishing, 

16 supporting, or expanding programs pursuant to 

17 paragraph (3). 

18 (2) CONSIDERATIONS.—In carrying out para19 graph (1), the Director, in coordination with the Di20 rector of the United States Marshals Service, the 

21 Director of U.S. Immigration and Customs Enforce22 ment, and the Director of the Bureau of Indian Af23 fairs, shall take into account— 

24 (A) the feasibility studies conducted under 

25 subsection (a)(1); and 


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1 (B) the feedback received pursuant to sub2 section (c). 

3 (3) SCOPE OF IMPROVEMENTS.—In carrying 

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

5 (A) improve infrastructure in carceral fa6 cilities relating to air quality, ventilation, tem7 perature, water quality, water treatment, waste 

8 management, noise pollution, and light pollu9 tion; 

10 (B) increase the access of incarcerated 

11 people and carceral facility staff to natural light 

12 and green space; 

13 (C) establish, support, or expand opportu14 nities for incarcerated people to grow or raise 

15 nutritious and culturally relevant food through 

16 organic farming, hydroponics, or greenhouses to 

17 be consumed by incarcerated people within the 

18 carceral facility at which the food is grown; 

19 (D) improve the nutrition of meals served 

20 to incarcerated people, including when feasible 

21 by serving fresh fruits and vegetables at no ad22 ditional charge; 

23 (E) improve the occupational health and 

24 safety of incarcerated people by providing perVerDate Sep 11 2014 03:22 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H9073.IH H9073

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1 sonal protective equipment and establishing 

2 safer work opportunities; 

3 (F) educate incarcerated people and 

4 carceral facility staff on strategies and options 

5 to minimize exposure to environmental stressors 

6 and otherwise safeguard or improve environ7 mental health; 

8 (G) train carceral facility staff to recognize 

9 signs of illness relating to environmental health 

10 and appropriately intervene to mitigate the en11 vironmental stressors causing such illnesses; 

12 (H) establish, support, or expand pretrial 

13 diversion, reentry, compassionate release, and 

14 other programs that provide an alternative to 

15 incarceration, especially for vulnerable popu16 lations; 

17 (I) improve access to quality medical care 

18 from non-profit providers for incarcerated peo19 ple and carceral facility staff, including physical 

20 and mental health care, ensure medical per21 sonnel in carceral facilities are adequately 

22 trained to detect and treat illnesses related to 

23 environmental health, and facilitate the transfer 

24 of health records to community providers as 


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1 people exit the criminal justice system to facili2 tate continuity of care; and 

3 (J) purchase items that could be used to 

4 rapidly mitigate exposure to environmental 

5 health stressors in times of an emergency with6 out additional cost to incarcerated people and 

7 carceral facility staff, such as clothing, blan8 kets, bottled water, fans, and air filters. 

9 (4) COMPENSATION OF COMMUNITY BASED OR10 GANIZATIONS.—Funds may be used to compensate 

11 community based organizations and other non-profit 

12 organizations that support or further the improve13 ments and programs listed under paragraph (3). 

14 (5) RESTRICTION.—In carrying out this sub15 section— 

16 (A) funds may not be used to carry out in17 frastructure improvements or actions that in18 crease the capacity of Federal carceral facilities 

19 to hold additional incarcerated people; 

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

21 facility staff; and 

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

23 appropriated pursuant to subsection (e) may be 

24 used for the purposes of carrying out subpara25 graphs (I) or (J) of paragraph (3). 


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1 (6) COMPLETION DATE.—The programs estab2 lished under paragraph (1) shall be completed not 

3 later than 5 years after the feasibility studies con4 ducted under subsection (a)(1) are made publicly 

5 available pursuant to such subsection. 

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

7 including through reevaluation of policies that re8 strict the access of incarcerated people to tools or re9 strict the time incarcerated people spend outside of 

10 cells at carceral facilities, the Director shall provide 

11 opportunities for incarcerated people to actively par12 ticipate in the improvements described in paragraph 

13 (1). 

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

15 completion of the programs established under para16 graph (1), the Director, in coordination with the Di17 rector of the U.S. Marshals Service, the Director of 

18 U.S. Immigration and Customs Enforcement, and 

19 the Director of the Bureau of Indian Affairs, shall 

20 submit to the appropriate congressional committees 

21 a report detailing the outcomes of the programs es22 tablished, supported, or expanded under paragraph 

23 (1), including— 

24 (A) quantitative indicators of the success 

25 of the programs at improving the environmental 


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1 health of incarcerated people and carceral facil2 ity staff, including, when feasible, data 

3 disaggregated by race, ethnicity, sex, gender, 

4 primary language, age, disability status, sexu5 ality, and, in the case of an incarcerated per6 son, the category of the criminal charge against 

7 the person; 

8 (B) relevant quantitative and qualitative 

9 evaluations of incarcerated people and carceral 

10 facility staff on the perceived impact of the pro11 gram; and 

12 (C) strategies to replicate the programs at 

13 other Federal carceral facilities. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2025 through 2029. 

17 SEC. 9. GRANT PROGRAM TO IMPROVE ENVIRONMENTAL 

18 HEALTH OUTCOMES FOR PEOPLE IN STATE, 

19 LOCAL, AND TRIBAL CARCERAL FACILITIES. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means— 

23 (A) a State government; 

24 (B) a local government; or 


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1 (C) a federally recognized Tribal govern2 ment. 

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

4 the Environmental Health for Incarcerated People 

5 Grant Program established under subsection (b). 

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

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

8 the Commonwealth of Puerto Rico, the Virgin Is9 lands, Guam, American Samoa, and the Common10 wealth of the Northern Mariana Islands. 

11 (b) ESTABLISHMENT.—There is established within 

12 the Office of Environmental Justice and External Civil 

13 Rights of the Environmental Protection Agency the Envi14 ronmental Health for Incarcerated People Grant Program. 

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

16 of enactment of this Act, the Administrator of the Envi17 ronmental Protection Agency, acting through the Assist18 ant Administrator of the Office of Environmental Justice 

19 and External Civil Rights, shall award grants under the 

20 Program to eligible entities for the purpose of decreasing 

21 the size of the incarcerated population, updating, install22 ing, or retrofitting infrastructure, or establishing, sup23 porting, or expanding programs in State, local, and Tribal 

24 carceral facilities to improve environmental health outVerDate Sep 11 2014 03:22 Aug 20, 2024 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H9073.IH H9073

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1 comes for incarcerated people and carceral facility staff 

2 pursuant to subsection (g). 

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

4 grant under the Program shall submit to the Office of En5 vironmental Justice and External Civil Rights an applica6 tion at such time, in such manner, and containing such 

7 information as the Assistant Administrator of the Office 

8 of Environmental Justice and External Civil Rights may 

9 require. 

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

11 Program, the Assistant Administrator of the Office of En12 vironmental Justice and External Civil Rights shall con13 sult stakeholders, such as— 

14 (1) relevant community-based organizations, 

15 such as organizations that represent incarcerated 

16 and formerly incarcerated people including people 

17 currently and formerly incarcerated in juvenile se18 cure facilities and civil commitment facilities, and 

19 organizations that seek to improve environmental 

20 health outcomes for incarcerated people and carceral 

21 facility staff; 

22 (2) environmental and public health researchers 

23 and policy experts; and 

24 (3) relevant advocacy organizations. 


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1 (f) PRIORITY.—In awarding grants under the Pro2 gram, the Assistant Administrator of the Office of Envi3 ronmental Justice and External Civil Rights shall 

4 prioritize eligible entities based on— 

5 (1) the size of the vulnerable population incar6 cerated under the jurisdiction of the eligible entity; 

7 (2) the known prevalence of environmental 

8 stressors in or near carceral facilities under the ju9 risdiction of the eligible entity; 

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

11 in data on environmental health variables described 

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

13 facilities; 

14 (4) the proximity of carceral facilities under the 

15 jurisdiction of the eligible entity to sources of pollu16 tion, such as landfills, factories, and Superfund 

17 sites; and 

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

19 demonstrated a commitment to improving the envi20 ronmental health of incarcerated people, including 

21 by making— 

22 (A) prior investments in environmental 

23 health infrastructure at carceral facilities; and 


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1 (B) prior efforts to comply with court-or2 dered schedules to meet environmental stand3 ards at carceral facilities. 

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

5 a grant under the Program shall use amounts from the 

6 grant to decrease the size of the incarcerated population, 

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

8 support, or expand programs that minimize environmental 

9 stressors at points of use or exposure of incarcerated peo10 ple by— 

11 (1) improving infrastructure in carceral facili12 ties relating to air quality, ventilation, temperature, 

13 shade, water quality, water treatment, waste man14 agement, noise pollution, or light pollution; 

15 (2) increasing the access of incarcerated people 

16 and carceral facility staff to natural light and green 

17 space; 

18 (3) establishing, supporting, or expanding op19 portunities for incarcerated people to grow or raise 

20 nutritious and culturally relevant food through or21 ganic farming, hydroponics, or greenhouses to be 

22 consumed by incarcerated people within the carceral 

23 facility at which the food is grown; 


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1 (4) improving the nutrition of meals served to 

2 incarcerated people, including by serving fresh fruits 

3 and vegetables at no additional charge; 

4 (5) improving the occupational health and safe5 ty of incarcerated people by providing personal pro6 tective equipment and establishing safer work oppor7 tunities; 

8 (6) educating incarcerated people and carceral 

9 facility staff on strategies and options to minimize 

10 exposure to environmental stressors and otherwise 

11 safeguard or improve environmental health; 

12 (7) training carceral facility staff to recognize 

13 signs of illness relating to environmental health and 

14 appropriately intervene to mitigate the environ15 mental stressors causing such illnesses; 

16 (8) establishing, supporting, or expanding pre17 trial diversion, reentry, compassionate release, and 

18 other programs that provide an alternative to incar19 ceration, especially for vulnerable populations; 

20 (9) improving access to quality medical care 

21 from non-profit providers for incarcerated people 

22 and carceral facility staff, including physical and 

23 mental health care, ensuring medical personnel in 

24 carceral facilities are adequately trained to detect 

25 and treat illnesses related to environmental health, 


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1 and facilitating the transfer of health records to 

2 community providers as people exit the criminal jus3 tice system to facilitate continuity of care; or 

4 (10) purchasing items that could be used to 

5 rapidly mitigate exposure to environmental health 

6 stressors in times of an emergency without addi7 tional cost to incarcerated people and carceral facil8 ity staff, such as clothing, blankets, bottled water, 

9 fans, and air filters. 

10 (h) COMPENSATION OF COMMUNITY BASED ORGANI11 ZATIONS.—An eligible entity that receives a grant under 

12 the Program may use amounts from the grant to com13 pensate community based organizations and other non14 profit organizations that support or further the improve15 ments and programs pursuant to subsection (g). 

16 (i) RESTRICTIONS.—In carrying out this sub17 section— 

18 (1) funds may not be used to carry out infra19 structure improvements or actions that increase the 

20 capacity of carceral facilities to hold additional in21 carcerated people; 

22 (2) funds may not be used to pay carceral facil23 ity staff; and 

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

25 percent of amounts from a grant awarded under the 


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1 Program to facilitate the aims pursuant to sub2 section (g)(9) or purchase rapid response items pur3 suant to subsection (g)(10). 

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

5 shall be for a 5-year period. 

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

7 that receives a grant under the Program shall— 

8 (1) implement the program or initiative funded 

9 by the grant; and 

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

11 termination of the grant, report to the Attorney 

12 General outputs and outcomes of the program or ini13 tiative described in paragraph (1), including infor14 mation on— 

15 (A) quantitative indicators of the success 

16 of the program or initiative at improving the 

17 environmental health of incarcerated people and 

18 carceral facility staff, including data 

19 disaggregated by race, ethnicity, sex, gender, 

20 primary language, age, disability status, sexu21 ality, and, in the case of an incarcerated per22 son, the category of the criminal charge against 

23 the person; 

24 (B) relevant quantitative and qualitative 

25 evaluations of incarcerated people and carceral 


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1 facility staff on the perceived impact of the pro2 gram or initiative; 

3 (C) strategies to sustain the program or 

4 initiative beyond the duration of the grant; 

5 (D) emergency management protocols for 

6 responding to environmental health threats at 

7 carceral facilities under the jurisdiction of the 

8 grant recipient; and 

9 (E) strategies to replicate the successful 

10 aspects of the program or initiative at other 

11 carceral facilities. 

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

13 of enactment of this Act, the Administrator of the Envi14 ronmental Protection Agency shall submit to the appro15 priate congressional committees a report detailing the out16 comes of grants awarded under the Program. 

17 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Assistant Admin19 istrator of the Office of Environmental Justice and Exter20 nal Civil Rights to carry out this section $50,000,000 for 

21 each of fiscal years 2025 through 2029. 

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

23 percent of funds appropriated under this section shall be 

24 directed to support programs and initiatives that benefit 

25 Tribal carceral facilities. 


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1 SEC. 10. REPORT ON MITIGATION AND ADAPTATION MEAS2 URES. 

3 Not later than 2 years after the date of enactment 

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

5 coordination with the Director of the United States Mar6 shals Service, the Director of U.S. Immigration and Cus7 toms Enforcement, and the Director of the Bureau of In8 dian Affairs, shall submit to the appropriate congressional 

9 committees a report detailing— 

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

11 undertaken at Federal carceral facilities to— 

12 (A) mitigate the exposure of incarcerated 

13 people and staff of Federal carceral facilities to 

14 ambient air pollutants; 

15 (B) improve indoor air quality; 

16 (C) improve water quality at point of use 

17 and increase access to safe water for incarcer18 ated people and carceral facility staff; 

19 (D) mitigate the exposure of incarcerated 

20 people and staff of Federal carceral facilities to 

21 extreme cold and heat; 

22 (E) increase opportunities for incarcerated 

23 people and staff of Federal carceral facilities to 

24 access natural light and green space; 


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1 (F) ensure incarcerated people have access 

2 to a healthy, culturally relevant, and nutritious 

3 diet; 

4 (G) abate asbestos, pests, mold, and com5 municable diseases; 

6 (H) improve the occupational health and 

7 safety of incarcerated laborers and carceral fa8 cility staff; and 

9 (I) improve access to quality medical care 

10 for incarcerated people and carceral facility 

11 staff, including physical and mental health care, 

12 and ensure medical personnel in carceral facili13 ties are adequately trained to detect and treat 

14 illnesses related to environmental health. 

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

16 events, such as natural disasters or equipment fail17 ure, that increase the exposure of incarcerated peo18 ple and staff of Federal carceral facilities to environ19 mental stressors; 

20 (3) evaluations from incarcerated people de21 scribing the extent to which the measures and plans 

22 described under paragraphs (1) and (2) are condu23 cive to improving or protecting the environmental 

24 health of vulnerable populations within Federal 

25 carceral facilities; and 


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1 (4) data limitations and monitoring constraints 

2 that inhibit the mitigation of or adaptation to envi3 ronmental stressors at Federal carceral facilities. 

4 SEC. 11. PROHIBITION ON PENALIZATION OR RETALIATION. 

5 (a) DEFINITION.—In this section, the term ‘‘penal6 ized or retaliated against’’ includes actions such as— 

7 (1) being placed in solitary confinement; 

8 (2) having employment terminated; 

9 (3) being placed on employment leave; 

10 (4) being assigned to unfavorable labor; 

11 (5) being transferred to a different cell, cell12 block, or facility; 

13 (6) having privileges revoked; or 

14 (7) being subjected to unequal enforcement of 

15 policies. 

16 (b) FEDERAL CARCERAL FACILITIES.—A person in17 carcerated at, or carceral facility staff employed at, a Fed18 eral carceral facility may not be penalized or retaliated 

19 against for— 

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

21 volunteering information pursuant to this Act on en22 vironmental health conditions in any Federal 

23 carceral facility, including requesting information 

24 collected pursuant to section 4, serving on or com25 municating with the advisory panel established 


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1 under section 4, or providing evaluations for inclu2 sion in the reports submitted under sections 4, 8, 

3 and 10; or 

4 (2) filing an administrative complaint pursuant 

5 to subsection (f). 

6 (c) STATE, LOCAL, AND TRIBAL CARCERAL FACILI7 TIES.—A person incarcerated at, or carceral facility staff 

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

9 or operated under a contract with a State or federally rec10 ognized Indian Tribe that has received funds from a grant 

11 under section 9 may not be penalized or retaliated against 

12 for— 

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

14 volunteering information on environmental health 

15 conditions in any State, local, or Tribal carceral fa16 cility, including providing evaluations for inclusion in 

17 reports under section 9; or 

18 (2) filing an administrative complaint pursuant 

19 to subsection (f). 

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

21 of the Civil Rights of Institutionalized Persons Act (42 

22 U.S.C. 1997e), any person who alleges penalization or re23 taliation in violation of subsection (b) or (c) may bring 

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

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


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

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

3 relief available under subsection (e). 

4 (e) RELIEF.—Relief for a person prevailing in an ac5 tion brought under subsection (d) may include— 

6 (1) mandatory or prohibitive injunctive relief to 

7 prevent or terminate any acts in violation of sub8 section (b) or (c); 

9 (2) damages for wages lost due to penalization 

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

11 and 

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

13 expert witness fees, and reasonable attorneys’ fees. 

14 (f) ADMINISTRATIVE COMPLAINT.—Any incarcerated 

15 person or carceral facility staff who has been penalized 

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

17 may file an administrative complaint with the Attorney 

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

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

20 (g) FEDERAL VIOLATIONS.—Upon receiving an ad21 ministrative complaint pursuant to subsection (f), the At22 torney General, acting through the Director, may take dis23 ciplinary action against carceral facility staff who violate 

24 subsection (b). 

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


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1 (1) IN GENERAL.—Upon receiving an adminis2 trative complaint pursuant to subsection (f), the Ad3 ministrator of the Environmental Protection Agency, 

4 acting through the Assistant Administrator of the 

5 Office of Environmental Justice and External Civil 

6 Rights, may modify or revoke, after opportunity for 

7 a hearing, a grant awarded to an eligible entity pur8 suant to section 9 upon finding a violation of sub9 section (c). 

10 (2) LIMITATION.—No such modification or rev11 ocation may be made pursuant to paragraph (1) 

12 until the Assistant Administrator of the Office of 

13 Environmental Justice and External Civil Rights has 

14 advised the appropriate person or persons affiliated 

15 with the eligible entity of the violation and has de16 termined that subsequent compliance cannot be se17 cured by voluntary means. 

Æ 


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