Sec. 11. Prohibition on penalization or retaliation
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/bill/118/s/4757/is/section-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term penalized or retaliated against includes actions such as— being placed in solitary confinement; having employment terminated; being placed on employment leave; being assigned to unfavorable labor; being transferred to a different cell, cellblock, or facility; having privileges revoked; or being subjected to unequal enforcement of policies. A person incarcerated at, or carceral facility staff employed at, a Federal carceral facility may not be penalized or retaliated against for— requesting, responding to requests for, or volunteering information pursuant to this Act on environmental health conditions in any Federal carceral facility, including requesting information collected pursuant to section 4, serving on or communicating with the advisory panel established under section 4, or providing evaluations for inclusion in the reports submitted under sections 4, 8, and 10; or filing an administrative complaint pursuant to subsection (f).
A person incarcerated at, or carceral facility staff employed at, a carceral facility operated by, affiliated with, or operated under a contract with a State or federally recognized Indian Tribe that has received funds from a grant under section 9 may not be penalized or retaliated against for— requesting, responding to requests for, or volunteering information on environmental health conditions in any State, local, or Tribal carceral facility, including providing evaluations for inclusion in reports under section 9; or filing an administrative complaint pursuant to subsection (f).
Notwithstanding section 7 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e ), any person who alleges penalization or retaliation in violation of subsection
(b)or
(c)may bring an action under this subsection against the Federal, State, local, or Tribal government in the district court of the United States for the district in which the facility at which the violation is alleged to have occurred is located, for the relief available under subsection (e). Relief for a person prevailing in an action brought under subsection
(d)may include— mandatory or prohibitive injunctive relief to prevent or terminate any acts in violation of subsection
(b)or (c); damages for wages lost due to penalization or retribution in violation of subsection
(b)or (c); and compensation for litigation costs, filing fees, expert witness fees, and reasonable attorneys’ fees. Any incarcerated person or carceral facility staff who has been penalized or retaliated against in violation of subsection
(b)or
(c)may file an administrative complaint with the Attorney General, the status or outcome of which shall not alter a person’s right to bring an action under subsection (d). Upon receiving an administrative complaint pursuant to subsection (f), the Attorney General, acting through the Director, may take disciplinary action against carceral facility staff who violate subsection (b). Upon receiving an administrative complaint pursuant to subsection (f), the Administrator of the Environmental Protection Agency, acting through the Assistant Administrator of the Office of Environmental Justice and External Civil Rights, may modify or revoke, after opportunity for a hearing, a grant awarded to an eligible entity pursuant to section 9 upon finding a violation of subsection (c). No such modification or revocation may be made pursuant to paragraph
(1)until the Assistant Administrator of the Office of Environmental Justice and External Civil Rights has advised the appropriate person or persons affiliated with the eligible entity of the violation and has determined that subsequent compliance cannot be secured by voluntary means.
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Sec. 11
Prohibition on penalization or retaliation
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