Correctional Facility Disaster Preparedness Act of 2021
Bill: S.2592 | Sponsor: Sen. Duckworth, Tammy (D-IL)
Policy area: Crime and Law Enforcement

Summary:
Correctional Facility Disaster Preparedness Act of 2021
This bill directs the Bureau of Prisons (BOP) to submit an annual report on disaster damage to its facilities and contract prisons. The report must explain the effects of the damage on inmates and staff. The report must also include any corrective actions the BOP will take to modernize emergency preparedness plans and legislative recommendations to improve emergency preparedness within the BOP.
The bill also requires the National Institute of Corrections to conduct a public field hearing on how correctional facilities can incorporate in their emergency preparedness plans and recovery efforts various elements, including access to programs and services for inmates and risk management best practices for staff.

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Correctional Facility Disaster 
Preparedness Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act, the term ``major disaster'' means--
            (1) a major disaster declared by the President under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170); or
            (2) any natural disaster or extreme weather or public 
        health emergency event that--
                    (A) would activate the use of any Bureau of Prisons 
                18 contingency plans; and
                    (B) the Bureau of Prisons determines is a major 
                disaster.

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

    (a) In General.--The Bureau of Prisons shall submit to the 
Committee on Appropriations, the Committee on the Judiciary, and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Appropriations, the Committee on the Judiciary, 
and the Committee on Homeland Security of the House of Representatives 
an annual summary report of disaster damage on the scope of physical 
damage from a major disaster by each Bureau of Prisons facility and its 
contract prisons impacted or struck by a major disaster that explains 
the effects of the damage on inmates and staff, including--
            (1) data on injury and loss of life of inmates and staff;
            (2) access to health and medical care, food, special 
        dietary needs, drinkable water, personal protective equipment, 
        and personal hygiene products;
            (3) guidance used to adjudicate early release or home 
        confinement requests, data on early release or home confinement 
        approvals, denials, and justification for denials; explanation 
        as to whether using home confinement or early release was 
        considered;
            (4) access to cost-free and uninterrupted visitation with 
        legal counsel and visitors with justifications for facility 
        decisions that resulted in suspended or altered visitations;
            (5) access to appropriate accommodations for inmates with 
        disabilities;
            (6) access to educational and work programs;
            (7) inmate grievances;
            (8) assessment of the cost of the damage to the facility 
        and estimates for repairs;
            (9) the impact on staffing, equipment, and financial 
        resources; and
            (10) other factors relating to the ability of the Bureau of 
        Prisons and any existing contract prison to uphold the health, 
        safety, and civil rights of the correctional population.
    (b) Corrective Action Plan.--The report required under subsection 
(a) shall include agency corrective actions that the Bureau of Prisons 
will take to improve and modernize emergency preparedness plans, as 
they relate to natural disasters, extreme weather, and public health 
emergencies and (b) a timeline to implement the corrective action plan.
    (c) Recommendations.--The report required under subsection (a) 
shall include specific legislative recommendations to Congress for 
improving emergency preparedness plans within the Bureau of Prisons.
    (d) Appointment.--No later than 90 days after the enactment of this 
Act, the Director of the Bureau of Prisons shall appoint an official of 
the Bureau of Prisons responsible for carrying out the corrective 
action plan.

SEC. 4. NATIONAL INSTITUTE OF CORRECTIONS.

    Section 4351 of title 18, United States Code, is amended--
            (1) in subsection (c)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``ten'' and inserting ``13''; and
                    (B) by adding at the end the following:
            ``(3) One shall have served a sentence in either a Federal 
        or State correctional facility or have a professional 
        background advocating on the behalf of formerly incarcerated or 
        incarcerated individuals.
            ``(4) One shall have a background as an emergency response 
        coordinator that has created an emergency management 
        accreditation program.
            ``(5) One shall have an educational and professional 
        background in public health working with communicable 
        diseases.''; and
            (2) by adding at the end the following:
            ``(2) Field hearing.--Not later than 1 year after the date 
        of enactment of this subsection, the National Institute of 
        Corrections shall conduct at least one public field hearing on 
        how correctional facilities can incorporate in their emergency 
        preparedness plans and recovery efforts--
                    ``(A) inmate access to medical care, food, 
                drinkable water, personal protective equipment, and 
                personal hygiene products;
                    ``(B) consideration by staff of using home 
                confinement or early release;
                    ``(C) inmate access to cost-free and uninterrupted 
                visitation with legal counsel and visitors with clear 
                standards for when facilities may suspend or alter 
                visitations;
                    ``(D) inmate access to appropriate accommodations 
                for inmates with disabilities;
                    ``(E) use of Federal funding to restore disaster-
                damaged correctional facilities; and
                    ``(F) incorporation by staff of risk management 
                best practices, such as those made available under the 
                relevant agencies of the Federal Emergency Management 
                Administration, Department of Health and Human 
                Services, and the Government Accountability Office to 
                enhance emergency preparedness plans.''.
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