Correctional Facility Disaster Preparedness Act of 2020

II 116TH CONGRESS 2D SESSION S. 4748 To require the Bureau of Prisons to submit to Congress an annual summary report of disaster damage, and for other purposes. IN THE SENATE OF THE UNITED STATES SEPTEMBER 29, 2020 Ms. DUCKWORTH introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Correctional Facility 4 Disaster Preparedness Act of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act, the term ‘‘major disaster’’ means a major 7 disaster declared by the President under section 401 of 8 the Robert T. Stafford Disaster Relief and Emergency As- 9 sistance Act (42 U.S.C. 5170). 10 VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4748 IS SEC. 3. BUREAU OF PRISONS ANNUAL SUMMARY REPORT 1 OF DISASTER DAMAGE. 2 (a) IN GENERAL.—The Bureau of Prisons shall sub- 3 mit to the Committee on Appropriations, the Committee 4 on the Judiciary, and the Committee on Homeland Secu- 5 rity and Governmental Affairs of the Senate and the Com- 6 mittee on Appropriations, the Committee on the Judiciary, 7 and the Committee on Homeland Security of the House 8 of Representatives an annual summary report of disaster 9 damage on the scope of physical damage from a major 10 disaster on each Bureau of Prisons facility and its con- 11 tract prisons impacted or struck by a major disaster that 12 explains the effects of the damage on inmates, including— 13 (1) the ability of the Bureau of Prisons and its 14 contract prisons to uphold the health, safety, and 15 civil rights of the correctional population; 16 (2) access to medical care, food, drinkable 17 water, personal protective equipment, and personal 18 hygiene products; 19 (3) whether using home confinement or early 20 release was considered; 21 (4) access to uninterrupted visitation with legal 22 counsel and visitors; 23 (5) access to appropriate accommodations for 24 inmates with disabilities; 25 VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4748 IS (6) use of Federal funding to restore disaster- 1 damaged correctional facilities; and 2 (7) the impact on staffing, equipment, and fi- 3 nancial resources to carry out facility-specific emer- 4 gency preparedness plans. 5 (b) CORRECTIVE ACTION PLAN.—The report re- 6 quired under subsection (a) shall include agency corrective 7 actions that the Bureau of Prisons will take to improve 8 and modernize emergency preparedness plans, as they re- 9 late to natural disasters, extreme weather, and public 10 health emergencies. 11 (c) RECOMMENDATIONS.—The report required under 12 subsection (a) shall include specific legislative recommen- 13 dations to Congress for improving emergency prepared- 14 ness plans within the Bureau of Prisons. 15 SEC. 4. NATIONAL INSTITUTE OF CORRECTIONS. 16 Section 4351 of title 18, United States Code, is 17 amended— 18 (1) in subsection (c)— 19 (A) in the matter preceding paragraph (1), 20 by striking ‘‘ten’’ and inserting ‘‘13’’; and 21 (B) by adding at the end the following: 22 ‘‘(3) One shall have served a sentence in either 23 a Federal or State correctional facility or have a 24 VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4748 IS professional background advocating on the behalf of 1 formerly incarcerated individuals. 2 ‘‘(4) One shall have a background as an emer- 3 gency response coordinator that has created an 4 emergency management accreditation program. 5 ‘‘(5) One shall have an educational and profes- 6 sional background in public health working with 7 communicable diseases.’’; and 8 (2) by adding at the end the following: 9 ‘‘(i) REPORT.— 10 ‘‘(1) DEFINITION.—In this subsection, the term 11 ‘major disaster’ means a major disaster declared by 12 the President under section 401 of the Robert T. 13 Stafford Disaster Relief and Emergency Assistance 14 Act (42 U.S.C. 5170). 15 ‘‘(2) REPORT.—Not later than 2 years after the 16 date of enactment of this subsection, the Board shall 17 publish a report that includes— 18 ‘‘(A) an examination of how selected States 19 and territories are operating and improving 20 emergency and evacuation procedures at correc- 21 tional facilities during a major disaster, includ- 22 ing— 23 ‘‘(i) the extent of eliminating barriers 24 to medical care, food, drinkable water, per- 25 VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4748 IS sonal protective equipment, and personal 1 hygiene products; 2 ‘‘(ii) the extent of using home confine- 3 ment or early release; 4 ‘‘(iii) the extent of continuing uninter- 5 rupted access between inmates and their 6 legal counsel and visitors; 7 ‘‘(iv) the extent to which correctional 8 facilities provide appropriate accommoda- 9 tions for inmates with disabilities; 10 ‘‘(v) the extent to which governments 11 use Federal funding to restore State, local, 12 and territorial correctional facilities dam- 13 aged; and 14 ‘‘(vi) the extent to which correctional 15 institutions incorporate risk management 16 best practices and relevant standards for 17 emergency preparedness; and 18 ‘‘(B) recommendations for congressional 19 action to enhance Federal, State, and local co- 20 operation to build local resiliency and imple- 21 ment emergency preparedness plans and recov- 22 ery efforts. 23 ‘‘(3) TECHNICAL ASSISTANCE.—Not later than 24 2 years after the date of enactment of this sub- 25 VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4748 IS section, the Board shall update technical assistance, 1 training programs, seminars, and workshops to in- 2 clude how correctional facilities can incorporate in 3 their emergency preparedness plans and recovery ef- 4 forts— 5 ‘‘(A) inmate access to medical care, food, 6 drinkable water, personal protective equipment, 7 and personal hygiene products; 8 ‘‘(B) consideration by staff of using home 9 confinement or early release; 10 ‘‘(C) inmate access to uninterrupted visita- 11 tion with legal counsel and visitors; 12 ‘‘(D) inmate access to appropriate accom- 13 modations for inmates with disabilities; 14 ‘‘(E) use of Federal funding to restore dis- 15 aster-damaged correctional facilities; and 16 ‘‘(F) incorporation by staff of risk manage- 17 ment best practices to enhance emergency pre- 18 paredness plans.’’. 19 Æ VerDate Sep 11 2014 23:24 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S4748.IS S4748 kjohnson on DSK79L0C42PROD with BILLS