Incentives for states to enact protections for incarcerated firefighters
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Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended— (1) in section 501 (34 U.S.C. 10152), by adding at the end the following: (i) Annual report on workplace safety and health conditions Not later than 2 years after the date of enactment of the FIRE Act, 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— (2) the workplace safety and health conditions at each such correctional facility; (3) any injury or death of any— (A) employee; or (B) incarcerated firefighter while such firefighter was performing work required to be performed during their incarceration; and (4) any potential noncompliance of any such correctional facility with the occupational safety and health standards that apply to the correctional facility.; (2) in section 502(a) (34 U.S.C. 10153(a)), by adding at the end the following: (7) As applicable, a certification that,— (A) the State or unit of local government has provided workplace safety and health protections for incarcerated firefighters 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 firefighters as the comprehensive occupational safety and health programs established by States under section 18 of the Occupational Safety and Health Act of 1970; or (B) 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).; (3) in section 506 (34 U.S.C. 10157), by adding at the end the following: (c) 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 $400,000 for use by States and units of local government to establish and implement workplace safety and health protections for incarcerated firefighters.; and (4) in section 901(a) (34 U.S.C. 10251(a))— (A) in paragraph (32), by striking and at the end; (B) in paragraph (33), by striking the period at the end and adding; and; and (C) by inserting after paragraph (33) the following: (34) the term incarcerated firefighter shall have the meaning given such term in section 3(z) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(z))..