Sec. 3. Incentives for States to enact protections for incarcerated workers
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/bill/118/s/518/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended— in section 501 ( 34 U.S.C. 10152 ), by adding at the end the following: Not later than 2 years after the date of enactment of the Correctional Facilities Occupational Safety and Health Act of 2023 and annually thereafter, any State or unit of local government that receives a grant under this section and operates a correctional facility or contracts with a private entity to operate a correctional facility shall submit to the Attorney General and Congress a report on— the workplace safety and health conditions at each such correctional facility; any injury or death of any employee or incarcerated worker while performing work with respect to any such correctional facility; and any potential noncompliance of any such correctional facility with the occupational safety and health standards that apply to the correctional facility. ; in section 502 ( 34 U.S.C. 10153 )— by striking ( and inserting A ) In general ; and
(a)In general in subsection (a), by adding at the end the following: A certification, to be verified by the Attorney General, in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, that— the State or unit of local government— has provided workplace safety and health protections for incarcerated workers in correctional facilities, either by legislative or executive action, that are at least as effective in providing safe and healthful employment and places of employment for incarcerated workers as the comprehensive occupational safety and health programs established by States under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ); or not later than the last day of the fiscal year following the fiscal year to which the application relates, will have provided the protections described in clause (i), with the limitation that a certification under this clause may only be submitted one time; and an appropriate State or local agency monitors and enforces or will monitor or enforce, as applicable, the safety and health protections described in subparagraph (A)(i). ; in section 506 ( 34 U.S.C. 10157 ), by adding at the end the following: Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General, in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, shall reserve not less than $20,000,000 for use by States and units of local government to establish and implement workplace safety and health protections for incarcerated workers in correctional facilities. ; and in section 901(a) ( 34 U.S.C. 10251(a) )— in paragraph (27), by striking and at the end; in paragraph (28), by striking the period at the end and adding ; and ; and by inserting after paragraph
(28)the following: the term incarcerated worker means an individual, incarcerated or detained in a correctional facility operated by a State or a political subdivision of a State (or by a private entity through a contract with a State or political subdivision of a State), who performs work offered or required by or through the correctional facility, including work associated with prison work programs, work release programs, State prison industries, public works programs, restitution centers, correctional facility operations and maintenance, and private entities. .
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Sec. 3
Incentives for States to enact protections for incarcerated workers
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