Sec. 5. Communicating health information and options
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Not later than 2 years after the date of enactment of this Act, the Attorney General, acting through the Director, shall conduct assessments of existing data and establish regulations that ensure that incarcerated people and carceral facility staff in each Federal carceral facility under the jurisdiction of the Bureau of Prisons receive, upon intake or commencement of employment, and annually thereafter, oral and written comprehensible information on— the prevalence and quantitative measurements of environmental stressors in the respective Federal carceral facility, including the data made available under section 4(a)(1); the risk of exposure to environmental stressors known to present a threat to environmental health in the respective Federal carceral facility to— the general incarcerated population; vulnerable populations within the general incarcerated population; and carceral facility staff; measures being undertaken by the Director to mitigate or adapt to environmental stressors known to present a threat to environmental health in the respective Federal carceral facility; and a complete list of options and protective measures available to incarcerated people and carceral facility staff to address the risk of harm from exposure to environmental stressors known to present a threat to environmental health in the respective Federal carceral facility, including— associated costs and lower-cost or cost-free alternatives; and instructions on how incarcerated people and carceral facility staff can avail themselves of these options.
Not later than 5 years after the date of enactment of this Act, the Director of the United States Marshals Service, the Director of U.S. Immigration and Customs Enforcement, and the Director of the Bureau of Indian Affairs shall conduct assessments of existing data and establish regulations substantially similar to the regulations established under subsection
(a)for each Federal carceral facility under their respective jurisdictions. Notwithstanding section 7 of the Civil Rights of Institutionalized Persons Act ( 42 U.S.C. 1997e ), any incarcerated person or carceral facility staff aggrieved by a violation of the information communication requirements under subsection
(a)or
(b)may bring an action under this subsection against the relevant Federal agency in the district court of the United States for the district containing the facility at which the violation is alleged to have occurred for the relief available under subsection (d). Relief for a person prevailing in an action brought under subsection
(c)may include— mandatory injunctive relief to provide such information as required under subsection
(a)or (b); damages for adverse health outcomes resulting from the withholding of information on environmental health conditions required under subsection
(a)or (b); and compensation for litigation costs, filing fees, expert witness fees, and reasonable attorneys’ fees. Not later than 60 days after information is first provided to the relevant incarcerated people and carceral facility staff pursuant to the regulations promulgated under subsection (a), the Director shall make that information and any associated material available on a publicly accessible website. Not later than 180 days after information is first provided to the relevant incarcerated people and carceral facility staff pursuant to the regulations promulgated under subsection (b), the director of the agency that the carceral facility is operated by, affiliated with, or under contract with shall make that information and any associated material publicly available. Beginning in the fifth fiscal year following the date of enactment of this Act, and in each fiscal year thereafter, for each State that receives a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ) that does not have in effect throughout the State for the fiscal year laws, regulations, or guidance that mandate substantially similar requirements to the requirements under subsection (a), the Attorney General shall ensure that 25 percent of the grant funding that would otherwise be allocated to the State under such subpart shall be set aside for use to remediate environmental health threats in carceral facilities in the State.
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