Sec. 8. Creating model programs for environmental health improvements
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Not later than 2 years after the date of enactment of this Act, the Director, in coordination with 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, in consultation with the advisory panel established under section 4(b), shall conduct and make publicly available feasibility studies to investigate the potential environmental health benefits of improvements to carceral facilities for incarcerated people, carceral facility staff, and residents of surrounding communities. The studies conducted pursuant to paragraph
(1)shall investigate not fewer than 10 Federal carceral facilities that have a variety of security levels and in total hold not fewer than 5,000 incarcerated people. In conducting the feasibility studies required under paragraph (1), the Director shall consult with the advisory panel established under section 4(b), the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Labor, and the heads of other relevant Federal agencies. At least one facility under the jurisdiction of each of the Bureau of Prisons, the United States Marshals Service, U.S. Immigration and Customs Enforcement, and the Bureau of Indian Affairs shall be the subject of a feasibility study required under paragraph (1). The feasibility studies required under paragraph
(1)shall study the costs, security considerations, and anticipated health benefits of decreasing the size of the incarcerated population, updating, installing, or retrofitting infrastructure in Federal carceral facilities and establishing, supporting, or expanding programs in order to minimize exposure or increase resiliency to environmental stressors at the point of use or exposure to such stressors, including factors such as— air quality, ventilation, heating, insulation, air conditioning, shade, and air filtration; fire safety; water treatment, filtration, and softening; asbestos abatement; pest, mold, and communicable disease abatement; natural light; noise pollution; waste management; opportunities for exercise available to incarcerated people; green space, including gardens, indoor plants, and other healthy vegetation visible to incarcerated people; and organic farming, hydroponics, greenhouses, and other methods of producing nutritious foods at or near Federal carceral facilities consumed by incarcerated people within the facility. In selecting Federal carceral facilities on which to focus the studies conducted under subsection (a)(1), the Director, in coordination with 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 prioritize Federal carceral facilities based on— the size of the vulnerable population at the Federal carceral facility; the known prevalence of environmental stressors at the Federal carceral facility; the degree to which studies would fill data gaps in environmental health at the Federal carceral facility; the proximity of the Federal carceral facility to sources of pollution, such as landfills, factories, and Superfund sites; and the age of the environmental health infrastructure of the Federal carceral facility. The Director, in coordination with 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 solicit feedback on the feasibility studies conducted under subsection (a)(1) by— establishing a forum for public comment that enables feedback from stakeholders, including— incarcerated people and formerly incarcerated people; Federal carceral facility staff; family and friends of incarcerated people; contractors of Federal carceral facilities; relevant community-based organizations; relevant organizations; healthcare providers; and public health researchers; and soliciting the opinion of the advisory panel established under section 4(b). Not later than 1 year after the date on which the Director makes the feasibility studies conducted pursuant to subsection (a)(1) publicly available, the Director, in coordination with 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, in consultation with the advisory panel established under section 4(b), shall make improvements to the environmental health of incarcerated people and carceral facility staff at not fewer than 5 of the Federal carceral facilities that were the subject of feasibility studies by decreasing the size of the incarcerated population, updating, installing, or retrofitting infrastructure in the facilities, or establishing, supporting, or expanding programs pursuant to paragraph (3). In carrying out paragraph (1), the Director, in coordination with 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 take into account— the feasibility studies conducted under subsection (a)(1); and the feedback received pursuant to subsection (c). In carrying out paragraph (1), funds may only be used to— improve infrastructure in carceral facilities relating to air quality, ventilation, temperature, water quality, water treatment, waste management, noise pollution, and light pollution; increase the access of incarcerated people and carceral facility staff to natural light and green space; establish, support, or expand opportunities for incarcerated people to grow or raise nutritious and culturally relevant food through organic farming, hydroponics, or greenhouses to be consumed by incarcerated people within the carceral facility at which the food is grown; improve the nutrition of meals served to incarcerated people, including when feasible by serving fresh fruits and vegetables at no additional charge; improve the occupational health and safety of incarcerated people by providing personal protective equipment and establishing safer work opportunities; educate incarcerated people and carceral facility staff on strategies and options to minimize exposure to environmental stressors and otherwise safeguard or improve environmental health; train carceral facility staff to recognize signs of illness relating to environmental health and appropriately intervene to mitigate the environmental stressors causing such illnesses; establish, support, or expand pretrial diversion, reentry, compassionate release, and other programs that provide an alternative to incarceration, especially for vulnerable populations; improve access to quality medical care from non-profit providers for incarcerated people and carceral facility staff, including physical and mental health care, ensure medical personnel in carceral facilities are adequately trained to detect and treat illnesses related to environmental health, and facilitate the transfer of health records to community providers as people exit the criminal justice system to facilitate continuity of care; and purchase items that could be used to rapidly mitigate exposure to environmental health stressors in times of an emergency without additional cost to incarcerated people and carceral facility staff, such as clothing, blankets, bottled water, fans, and air filters. Funds may be used to compensate community based organizations and other non-profit organizations that support or further the improvements and programs listed under paragraph (3). In carrying out this subsection— funds may not be used to carry out infrastructure improvements or actions that increase the capacity of Federal carceral facilities to hold additional incarcerated people; funds may not be used to pay carceral facility staff; and not more than 5 percent of the funds appropriated pursuant to subsection
(e)may be used for the purposes of carrying out subparagraphs
(I)or
(J)of paragraph (3). The programs established under paragraph
(1)shall be completed not later than 5 years after the feasibility studies conducted under subsection (a)(1) are made publicly available pursuant to such subsection. To the extent practicable, including through reevaluation of policies that restrict the access of incarcerated people to tools or restrict the time incarcerated people spend outside of cells at carceral facilities, the Director shall provide opportunities for incarcerated people to actively participate in the improvements described in paragraph (1). Not later than 1 year after the completion of the programs established under paragraph (1), the Director, in coordination with the Director of the U.S. Marshals Service, the Director of U.S. Immigration and Customs Enforcement, and the Director of the Bureau of Indian Affairs, shall submit to the appropriate congressional committees a report detailing the outcomes of the programs established, supported, or expanded under paragraph (1), including— quantitative indicators of the success of the programs at improving the environmental health of incarcerated people and carceral facility staff, including, when feasible, data disaggregated by race, ethnicity, sex, gender, primary language, age, disability status, sexuality, and, in the case of an incarcerated person, the category of the criminal charge against the person; relevant quantitative and qualitative evaluations of incarcerated people and carceral facility staff on the perceived impact of the program; and strategies to replicate the programs at other Federal carceral facilities. There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2025 through 2029.