[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4972 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4972

 To end the use of solitary confinement and other forms of restrictive 
    housing in all Federal agencies and entities they contract with.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

   Ms. Bush (for herself, Mr. Bowman, Mr. Espaillat, Ms. Tlaib, Mrs. 
Watson Coleman, Ms. Kamlager-Dove, Ms. Norton, Ms. Ocasio-Cortez, Mrs. 
 Ramirez, Ms. Barragan, Mr. Cleaver, Ms. Velazquez, Ms. Pressley, and 
   Ms. Lee of Pennsylvania) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To end the use of solitary confinement and other forms of restrictive 
    housing in all Federal agencies and entities they contract with.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Solitary Confinement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the use of solitary confinement as a carceral practice 
        causes devastating harm and constitutes a form of torture;
            (2) solitary confinement of any length of time, measured in 
        days or even hours, can cause self-mutilation, suicide, heart 
        disease, anxiety, depression, psychosis, mental and physical 
        deterioration, and a significantly heightened risk of death;
            (3) over 120,000 people are estimated to be in solitary 
        confinement on any given day in Federal, State, local, and 
        immigration detention facilities;
            (4) solitary confinement and other forms of restrictive 
        housing and practices are disproportionately inflicted on 
        Black, Latinx, Native, and other people of color, as well as 
        transgender and gender nonconforming people, people with mental 
        health needs, and young people;
            (5) survivors of solitary confinement often carry 
        significant trauma and other physical and psychological harm 
        with them for the rest of their lives;
            (6) solitary confinement has directly caused the deaths of 
        far too many people, and has increased violence and harm in 
        prisons, detention facilities, and communities;
            (7) solitary confinement derives from, and helps 
        perpetuate, a horrific and brutal incarceration system that is 
        rooted in racism and focuses on extreme punishment and abuse, 
        rather than on providing opportunities for growth, healing, 
        redemption, and transformation;
            (8) the United States is an outlier among advanced 
        democracies in its use of solitary confinement;
            (9) evidence shows that out-of-cell, prosocial engagement 
        and programming increase safety, well-being, and reentry 
        outcomes;
            (10) solitary confinement is expensive, and cost analyses 
        at the Federal and State levels indicate that its elimination 
        would save taxpayers billions of dollars; and
            (11) solitary confinement is costly to taxpayers, does not 
        make communities safer, jeopardizes the safety of incarcerated 
        people and correctional staff, constitutes inhumane and 
        degrading treatment, and has no place in a civilized society.

SEC. 3. ENDING SOLITARY CONFINEMENT AND ESTABLISHING MINIMUM STANDARDS.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4015. Ending solitary confinement and establishing minimum 
              standards
    ``(a) Prohibition on the Use of Solitary Confinement and 
Establishment of Minimum Standards.--
            ``(1) In general.--Except in the circumstances described in 
        paragraph (2)(B), placement of a person incarcerated in a 
        Federal facility in solitary confinement shall be prohibited.
            ``(2) Minimum standards for out-of-cell time and meaningful 
        human engagement.--
                    ``(A) Congregate interaction required.--Except as 
                provided in subparagraphs (B)(iii), (B)(iv), and 
                (B)(v), all persons incarcerated in a Federal facility, 
                regardless of housing unit or detention status, shall 
                have access to at least 14 hours per day of out-of-cell 
                congregate interaction in a shared space, without 
                physical barriers, that is conducive to meaningful 
                group interaction, including access to--
                            ``(i) at least 7 hours daily of structured 
                        out-of-cell, congregate programming led by a 
                        staff member, incarcerated person, or community 
                        member, including access to educational, 
                        vocational, volunteer, mental health, violence 
                        prevention, alcohol and substance use 
                        treatment, financial, religious, and reentry 
                        programming;
                            ``(ii) at least 1 hour daily of out-of-cell 
                        congregate recreation; and
                            ``(iii) other unstructured out-of-cell 
                        congregate activities, including time in a day 
                        room or equivalent space, meals, library and 
                        law library, legal visits, social and legal 
                        telephone calls, contact social visitation 
                        without physical barriers, and personal 
                        property and commissary.
                    ``(B) Prohibition on solitary confinement.--A 
                person incarcerated in a Federal facility shall not be 
                placed in solitary confinement unless such placement is 
                necessary--
                            ``(i) at night for count or sleep, not to 
                        exceed 8 hours in any 24-hour period;
                            ``(ii) during the day for count or required 
                        facility business that can only be carried out 
                        while a person incarcerated in a Federal 
                        facility is placed in a cell, not to exceed 2 
                        hours in any 24-hour period;
                            ``(iii) for purposes of medical quarantine 
                        or medical isolation, only if done in a medical 
                        unit overseen by health care staff, for as 
                        limited a time as medically necessary as 
                        determined by health care staff, and with 
                        comparable access as individuals incarcerated 
                        in the general population to phone calls, 
                        emails, and programming at a physical distance 
                        determined appropriate by health care staff;
                            ``(iv) in an emergency situation as a last 
                        resort, only if necessary to deescalate 
                        immediate circumstances that pose a specific 
                        and significant risk of imminent serious 
                        physical injury to an individual, staff, or 
                        other incarcerated persons, and for as short a 
                        time as necessary to deescalate such 
                        circumstances, not to exceed 4 hours total 
                        immediately following such emergency situation, 
                        4 hours total in any 24-hour period, or 12 
                        hours total in any 7-day period, and subject to 
                        subparagraphs (C) and (D); or
                            ``(v) as part of a Federal agency-wide, 
                        facility-wide, or partial facility-wide 
                        lockdown, only if a head of a facility or 
                        agency has determined such lockdown is 
                        necessary to deescalate an emergency that 
                        involves several incarcerated persons and poses 
                        a specific and significant risk of imminent 
                        serious physical injury to the staff or 
                        incarcerated persons, only when there are no 
                        less restrictive means to address an emergency, 
                        as a last resort after exhausting less 
                        restrictive measures, confined to as narrow an 
                        area as possible and to as limited number of 
                        people as possible, reviewed every hour by the 
                        head of the facility or agency, with 
                        notification provided to the agency regional or 
                        field office, or equivalent office responsible 
                        for oversight of the facility, beginning at the 
                        time the lockdown reaches 2 hours, and lifted 
                        as quickly as possible, not to exceed 4 hours 
                        total from the start of the lockdown, 4 hours 
                        total in any 24-hour period, or 12 hours total 
                        in any 7-day period.
                    ``(C) Deescalation.--For placements pursuant to 
                subparagraph (B)(iv), facility staff shall meet with 
                the person at least once an hour to attempt 
                deescalation, work toward their release from such 
                confinement, and determine whether it is necessary to 
                continue to hold the person in such confinement, and 
                for all placements pursuant to subparagraphs (B)(iv) 
                and (B)(v), health care staff must conduct a thorough 
                medical, mental health, social, and behavioral 
                assessment upon admission to such placement, conduct 
                meaningful check-ins every 15 minutes to engage with 
                the person in custody, evaluate and treat any urgent 
                health needs, and attempt any deescalation. If health 
                care staff determines the person should be removed from 
                such confinement for assessment or treatment purposes, 
                or because of a negative impact of such confinement, 
                the person shall be removed to an appropriate setting 
                as determined by health care staff.
                    ``(D) Prohibition on involuntary confinement.--No 
                person may be involuntarily confined in their cell 
                under subparagraph (B)(iv) who--
                            ``(i) is aged 25 or younger;
                            ``(ii) is aged 55 or older;
                            ``(iii) has a disability, as defined in 
                        section 3 of the Americans with Disabilities 
                        Act of 1990 (42 U.S.C. 12102);
                            ``(iv) has any diagnosed mental health 
                        need;
                            ``(v) is pregnant, in the first 8 weeks of 
                        the postpartum recovery period, or caring for a 
                        child in a facility program; or
                            ``(vi) has identified as or is known or 
                        perceived by any facility staff to be lesbian, 
                        gay, bisexual, transgender, intersex, or gender 
                        nonconforming.
                    ``(E) Requirements for separation.--If a Federal 
                facility determines that an individual must be 
                separated from the general facility population, 
                including any placement in protective custody, for any 
                reasons other than, or in a manner other than as 
                provided under subparagraphs (B)(iii), (B)(iv), and 
                (B)(v) of this section, such separation in an 
                alternative unit must--
                            ``(i) comply with subparagraphs (A) and (F) 
                        of this paragraph, and paragraphs (3), (4), and 
                        (5) of this subsection; and
                            ``(ii) provide access to out-of-cell, 
                        congregate, trauma-informed, therapeutic 
                        programming aimed at promoting personal 
                        development, addressing underlying causes of 
                        problematic behavior resulting in the 
                        alternative unit placement, and helping prepare 
                        for discharge from the unit to the general 
                        population and to the community.
                    ``(F) Prohibition on limitation of services.--In 
                all Federal facilities, no limitation on services, 
                programming, treatment, contact visitation, phone 
                calls, email, mail, or basic needs such as clothing, 
                food, or bedding shall be imposed as a form of 
                punishment, discipline, or for any other reason. No 
                involuntary restricted diets or any other involuntary 
                change in diet shall be imposed as a form of 
                punishment, discipline, or for any other reason. Nor 
                shall approved personal property be confiscated as a 
                form of punishment, discipline, or for any other 
                reason.
            ``(3) Due process requirements.--
                    ``(A) Hearing regulations.--The reasons and 
                procedures for placement in protective custody shall be 
                subject to the regulations, rules, standards, and 
                procedures (or any successors thereof) applicable to 
                each Federal agency. All hearings under such 
                regulations shall comply with paragraph (4). The 
                conditions for all people in protective custody shall 
                comply with subparagraphs (A), (E), and (F) of 
                paragraph (2), and paragraph (5).
                    ``(B) Review of placement.--The placement of an 
                incarcerated individual in an alternative unit shall be 
                meaningfully reviewed at least within the first 15 days 
                after placement and at least every 15 days thereafter 
                by a multidisciplinary team, including program and 
                health care staff, to determine whether the 
                incarcerated person's release to the general facility 
                population continues to present a specific and 
                significant risk of imminent serious physical injury to 
                the individual, staff, or other incarcerated persons. 
                If a person is not discharged from such housing at such 
                a review, they shall promptly receive in writing the 
                reasons for the determination and the program, 
                treatment, service, or corrective action required 
                before discharge. The incarcerated person shall be 
                given access to the programs, treatment, and services 
                specified, and shall be permitted to be discharged from 
                such housing if the person so chooses and does not 
                engage in behavior that presents a specific and 
                significant risk of imminent serious physical injury to 
                the individual, staff, or other incarcerated persons 
                during the subsequent 15 days. Other than for purposes 
                of protective custody, or upon the individual's written 
                request, no person may be held in an alternative unit 
                for more than 60 days in any 6-month period.
                    ``(C) No placement based on previous incident.--No 
                person may be placed in an alternative unit for an act 
                or incident for which they were previously placed in 
                such unit.
            ``(4) Placement hearings.--
                    ``(A) Placement in alternative unit.--Other than 
                separation of individuals in protective custody or for 
                purposes of confinement under paragraphs (2)(B)(iii), 
                (2)(B)(iv), and (2)(B)(v), no person incarcerated in a 
                Federal facility may be placed in an alternative unit 
                unless and until it is determined in writing following 
                a placement hearing that clear and convincing evidence 
                shows the person committed one of the following acts at 
                the time placement is sought, and the specific 
                circumstances of the acts were so heinous or 
                destructive that placement of the individual in general 
                facility housing creates a specific and significant 
                risk of imminent serious physical injury to staff or 
                other incarcerated persons:
                            ``(i) Causing or attempting to cause 
                        serious physical injury or death to another 
                        person.
                            ``(ii) Compelling or attempting to compel 
                        another person, by force or threat of force, to 
                        engage in a sexual act.
                            ``(iii) Leading, organizing, inciting, or 
                        attempting to cause a riot, or other similarly 
                        serious disturbance that results in the taking 
                        of a hostage, major property damage, or serious 
                        physical harm to another person.
                            ``(iv) Escaping, attempting to escape or 
                        facilitating an escape from a facility or 
                        escaping, attempting to escape or facilitating 
                        an escape while under supervision outside such 
                        facility.
                    ``(B) Neutral decision maker required.--Each 
                placement hearing shall be conducted by a neutral 
                decision maker.
                    ``(C) Department of justice.--For all placement 
                hearings involving placement in Federal Bureau of 
                Prisons facilities or facilities contracting with the 
                Federal Bureau of Prisons or United States Marshals 
                Service for incarcerating people in their care or 
                custody, the neutral decision maker shall be appointed 
                by the Assistant Attorney General for Civil Rights, 
                employed by the Department of Justice but independent 
                of any division or unit within the Department of 
                Justice that has people in its care or custody or 
                engages in any prosecuting activities, any other 
                Federal agency, and any prosecuting entity.
                    ``(D) Department of homeland security.--For all 
                placement hearings involving placement in U.S. 
                Immigration and Customs Enforcement, Department of 
                Homeland Security, or U.S. Customs and Border 
                Protection facilities, or facilities contracting with 
                U.S. Immigration and Customs Enforcement, the 
                Department of Homeland Security, or U.S. Customs and 
                Border Protection for incarcerating people in their 
                care or custody, the neutral decision maker shall be 
                appointed by the Officer for Civil Rights and Civil 
                Liberties, employed by the Department of Homeland 
                Security but independent of the Office for Civil Rights 
                and Civil Liberties, any division or unit within the 
                Department of Homeland Security that has people in its 
                care or custody or engages in any prosecuting 
                activities, any other Federal agency, and any 
                prosecuting entity.
                    ``(E) Department of health and human services.--For 
                all placement hearings involving placement in 
                Department of Health and Human Services facilities or 
                facilities contracting with the Department of Health 
                and Human Services for incarcerating people in their 
                care or custody, the neutral decision maker shall be 
                appointed by the Director of the Office for Civil 
                Rights, employed by the Department of Health and Human 
                Services but independent of the Office for Civil 
                Rights, any division or unit within the Department of 
                Health and Human Services that has people in its care 
                or custody, any other Federal agency, and any 
                prosecuting entity.
                    ``(F) Evidence presented.--At any placement 
                hearing, the incarcerated person shall be permitted to 
                offer documentary and testimonial evidence, cross-
                examine witnesses, and present any mitigating evidence, 
                justification evidence, or other relevant evidence 
                helpful in aiding the incarcerated person's defense.
                    ``(G) Representation.--At such a hearing, the 
                incarcerated person shall be permitted to represent 
                themselves or be represented by any attorney, law 
                student, paralegal, community advocate, or other 
                incarcerated person of their choosing. If a person does 
                not have their own representative, they shall be 
                offered the assistance of a representative as follows:
                            ``(i) For all placement hearings described 
                        in subparagraph (C), if an incarcerated person 
                        does not select their own representative, an 
                        appointed representative shall be selected by 
                        the Assistant Attorney General for Civil 
                        Rights, employed by the Department of Justice, 
                        and independent of any division or unit within 
                        the Department of Justice that has people in 
                        its care or custody or engages in any 
                        prosecuting activities, any other Federal 
                        agency, and any prosecuting entity.
                            ``(ii) For all placement hearings described 
                        in subparagraph (D), if an incarcerated person 
                        does not select their own representative, an 
                        appointed representative shall be selected by 
                        the Officer for Civil Rights and Civil 
                        Liberties, employed by the Department of 
                        Homeland Security, and independent of the 
                        Office for Civil Rights and Civil Liberties, 
                        any division or unit within the Department of 
                        Homeland Security that has people in its care 
                        or custody or engages in any prosecuting 
                        activities, any other Federal agency, and any 
                        prosecuting entity.
                            ``(iii) For all placement hearings 
                        described in subparagraph (E), if an 
                        incarcerated person does not select their own 
                        representative, any appointed representative 
                        shall be selected by the Director of the Office 
                        for Civil Rights, employed by the Department of 
                        Health and Human Services, and independent of 
                        the Office for Civil Rights, any division or 
                        unit within the Department of Health and Human 
                        Services that has people in its care or 
                        custody, any other Federal agency, and any 
                        prosecuting entity.
                    ``(H) Notice.--Not less than 2 days prior to any 
                placement hearing, both the incarcerated person and 
                their chosen representative shall be provided detailed 
                written notice of the reason for proposed placement in 
                an alternative unit including all relevant evidence, 
                during which time the person shall not, other than for 
                purposes of protective custody, be placed in such 
                alternative unit. The individual and their chosen 
                representative shall be provided adequate time to 
                prepare for such hearings and afforded adjournments as 
                appropriate. Any refusal by an incarcerated person to 
                attend such hearings shall be videotaped and made part 
                of the evidentiary record that shall be maintained by 
                the relevant federal agency. Failure to provide the 
                notice described herein or to enter into the record 
                videotaped evidence of an alleged refusal to attend by 
                an incarcerated person shall constitute a basis for 
                resolving the hearing in that person's favor.
                    ``(I) Written determination.--The neutral decision 
                maker shall issue a written determination within 5 
                business days of the conclusion of the placement 
                hearing. Any finding that an incarcerated person meets 
                the criteria of placement in an alternative unit in 
                subparagraph (A) shall be supported by clear and 
                convincing evidence. The determination shall specify 
                the finding, a summary of each witness's testimony and 
                an explanation of whether their testimony was credited 
                or rejected, the evidence relied upon in reaching the 
                finding, and the placement imposed, if any. A copy of 
                the determination shall be provided to the incarcerated 
                person and their chosen representative within 24 hours 
                of the issuance of the determination.
            ``(5) Use of restraints.--
                    ``(A) In general.--No person incarcerated in a 
                Federal facility shall be placed in restraints unless 
                subject to the following provisions:
                    ``(B) Exceptions.--Subparagraph (A) shall not apply 
                if facility staff make an individualized determination 
                at the time of, or immediately following, an incident 
                precipitating placement in restraints that such 
                restraints are necessary to prevent a specific and 
                significant risk of imminent serious physical injury to 
                the individual, other incarcerated persons, or staff 
                based on concrete evidence of such risk.
                    ``(C) Least restrictive form.--The least 
                restrictive form of restraints shall be used for no 
                longer than necessary to abate such specific and 
                significant risk of imminent serious physical injury, 
                and in no circumstances shall continue beyond 4 hours 
                unless a supervisory medical provider determines that 
                such restraints are necessary to prevent such risk.
                    ``(D) Placement hearing required.--Restraints shall 
                not be used on the same individual on consecutive days 
                unless a placement hearing with protections established 
                under paragraphs (3) and (4) establishes such 
                restraints are necessary to prevent a specific and 
                significant risk of imminent serious physical injury to 
                the individual, other incarcerated persons, or staff 
                based on concrete evidence of such risk, and subject to 
                the same limitations each day as set forth in this 
                paragraph. Any repeated use of restraints approved at 
                such a due process hearing shall be no longer than 3 
                days, subject to the same limitations each day as set 
                forth in this paragraph, meaningfully reviewed by a 
                supervisory medical provider at least daily, and 
                discontinued once restraints are no longer necessary to 
                prevent a specific and significant risk of imminent 
                serious physical injury to the individual, other 
                incarcerated persons, or staff.
                    ``(E) Subsequent use of restraints.--Once an 
                approved use of restraints has been discontinued, any 
                subsequent use of restraints on that person shall only 
                be permitted to address a new incident and upon the 
                same requirements under this paragraph.
            ``(6) Special administrative measures.--Special 
        administrative measures shall be prohibited in all Federal 
        facilities.
    ``(b) Report Required.--Within 15 days of the end of each quarter 
of the fiscal year, each Federal agency shall report on the website of 
such Federal agency the following:
            ``(1) The total number of incidents at each facility 
        operated by the Federal agency during the preceding quarter of 
        self-harm, suicide attempts, and suicide, disaggregated by 
        race, age, gender identity, documented mental health status, 
        documented disability, pregnancy or postpartum status, 
        identification as lesbian, gay, bisexual, transgender, 
        intersex, or gender nonconforming, type of housing unit 
        including confinement under subsections (a)(2)(B)(iii), 
        (a)(2)(B)(iv), (a)(2)(B)(v), any alternative units, and length 
        of time in such housing unit.
            ``(2) The total number of placements at each facility 
        during the preceding quarter, separately listed, in confinement 
        under subsections (a)(2)(B)(iii), (a)(2)(B)(iv), and 
        (a)(2)(B)(v), in protective custody under subsection (a)(2)(E), 
        and in any other alternative units under subsection (a)(2)(E) 
        during that quarter.
            ``(3) The total number of people at each facility on the 
        last day of each quarter, separately listed, in confinement 
        under subsections (a)(2)(B)(iii), (a)(2)(B)(iv), and 
        (a)(2)(B)(v), in protective custody under subsection (a)(2)(E), 
        and in any other alternative units under (a)(2)(E), 
        disaggregated by race, age, gender identity, documented mental 
        health status, documented disability, pregnancy or postpartum 
        status, identification as lesbian, gay, bisexual, transgender, 
        intersex, or gender nonconforming, and reason for placement.
            ``(4) The total number of placements at each facility 
        during the preceding quarter, separately listed, for which 
        confinement under subsections (a)(2)(B)(iv) and (a)(2)(B)(v) 
        lasted for less than 1 hour, between 1 and 2 hours, between 2 
        and 3 hours, between 3 and 4 hours, and for longer than 4 
        hours, with a listing of the length of time of each placement 
        that exceeded 4 hours.
            ``(5) The total number of people at each facility who had 
        reached a total period of time during the preceding quarter, 
        separately listed, in confinement under (a)(2)(B)(iii), in 
        protective custody under subsection (a)(2)(E), and in any other 
        alternative units under (a)(2)(E) of less than 7 days, between 
        8 days and 15 days, between 16 days and 30 days, between 31 
        days and 45 days, between 46 days and 60 days, and for longer 
        than 60 days, with a listing of the length of time of each 
        person who had reached a period of time during the preceding 
        quarter that exceeded a total of 60 days in such confinement or 
        housing.
    ``(c) Private Cause of Action.--
            ``(1) In general.--Any person who is injured by a violation 
        of subsection (a) may bring a civil action in the appropriate 
        United States district court against any person, entity, or any 
        other relevant party who violated such subsection for 
        declaratory and injunctive relief, including directing the 
        closure of the facility, building, or unit where the violation 
        took place if that facility, building, or unit is in repeated 
        and systemic noncompliance with this Act, and for such money 
        damages as the court determines appropriate, including for 
        emotional pain and suffering. The court may, in addition, award 
        reasonable attorney's fees and costs of the action to a 
        prevailing plaintiff.
            ``(2) No liability for certain lockdowns.--No Federal 
        agency shall be liable for a Federal agency-wide, facility-
        wide, or partial facility-wide lockdown that exceeded the 4-
        hour limit in subsection (a)(2)(B)(v) if the agency can 
        demonstrate that--
                    ``(A) the lockdown, and the length of the time of 
                the lockdown, was necessary to address unexpected, 
                extraordinary circumstances involving the detonation of 
                an explosive device, an acute mass contamination or 
                contagion situation, a violent riot, revolt, or 
                insurrection involving a large number of people that 
                resulted in the taking of a hostage, major property 
                damage, or serious physical harm to a person, or other 
                similar emergency of the same magnitude involving a 
                large group of people;
                    ``(B) the head of facility who authorized the 
                lockdown complied with all notification requirements, 
                and received approval from the agency regional or field 
                office, or equivalent office responsible for oversight 
                of the facility, at the time the lockdown lasted longer 
                than 4 hours;
                    ``(C) the head of the applicable Federal agency 
                approved of the lockdown if the lockdown exceeded 8 
                hours and the approval occurred at that time;
                    ``(D) the lockdown was ended as quickly as 
                possible, did not last longer than necessary to address 
                the unexpected, extraordinary circumstances, and did 
                not exceed 24 hours; and
                    ``(E) the lockdown was not used as a substitute for 
                medical isolation or quarantine nor individual lock-ins 
                pursuant to subsections (a)(2)(B)(iii) and 
                (a)(2)(B)(iv), nor as a way to circumvent the time 
                limits or protections for people held under those 
                subsections.
            ``(3) Any person who is injured by a violation of the U.S. 
        Constitution by a Federal official or person contracting with a 
        Federal agency in a Federal facility may bring a civil action 
        in the appropriate United States district court against any 
        person, entity, or relevant party who violated such 
        constitutional provision for declaratory and injunctive relief, 
        including directing the closure of the facility, building, or 
        unit where the violation took place, and for such money damages 
        as the court determines appropriate, including for emotional 
        pain and suffering. The court may, in addition, award 
        reasonable attorney's fees and costs of the action to a 
        prevailing plaintiff.''.
    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4014 the following:

``4015. Ending solitary confinement and establishing minimum 
                            standards.''.

SEC. 4. OVERSIGHT.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
further amended by adding at the end the following:
``Sec. 4016. Oversight
    ``(a) Community Monitoring Body.--Not later than 90 days after the 
date of the enactment of this Act, the Attorney General, in 
consultation with the Assistant Attorney General for Civil Rights at 
the Department of Justice, Officer for Civil Rights and Civil Liberties 
at the Department of Homeland Security, and Director of the Office for 
Civil Rights at the Department of Health and Human Services, shall 
establish a community monitoring body that shall operate independently 
of the Attorney General and of any other unit or division within the 
Department of Justice and any other Federal agency.
    ``(b) Appointment.--The Attorney General, in consultation with the 
Assistant Attorney General for Civil Rights at the Department of 
Justice, Officer for Civil Rights and Civil Liberties at the Department 
of Homeland Security, and Director of the Office for Civil Rights at 
the Department of Health and Human Services, and after obtaining input 
and recommendations from community organizations that provide 
educational services and legal support to incarcerated persons or 
otherwise advocate for the rights of incarcerated people and an end to 
solitary confinement, shall appoint no less than 15 people to serve as 
members of the community monitoring body.
    ``(c) Membership.--Each member of the community monitoring body 
shall be a person who has survived solitary confinement, has had loved 
ones in solitary confinement or lost loved ones because of solitary 
confinement, is a faith leader, medical or mental health professional, 
or is a civil rights or human rights advocate. All members shall have 
had some experience engaging in advocacy, service provision, or program 
operation aimed at enhancing the rights and treatment of people 
incarcerated. No less than half of all members shall be people who have 
been incarcerated or have had family members incarcerated.
    ``(d) Membership Term.--Members of the community monitoring body 
shall be appointed for a term of 5 years, with the possibility of 1 
reappointment by the Attorney General for a total of 10 years. Each 
member shall be reimbursed by the Department of Justice for their per 
diem expenses in connection with service on the community monitoring 
body.
    ``(e) Assistance.--The community monitoring body shall have the 
ability to designate any person to assist the work of the community 
monitoring body.
    ``(f) Access.--Notwithstanding any other provision of law, the 
community monitoring body and its designees shall have the ability to 
make unannounced visits to Federal agencies and Federal facilities, and 
have access to every area of every Federal facility and all 
nonclassified, nonprivileged data from every Federal agency.
    ``(g) In-Person Interviews.--The community monitoring body and its 
designees shall have the ability to conduct in-person interviews and 
correspond and communicate with incarcerated persons and Federal agency 
and Federal facility staff freely, privately, and confidentially, upon 
consent of the incarcerated person or staff.
    ``(h) Meetings.--Administrators of each Federal agency and facility 
shall meet privately with the community monitoring body or its 
designees upon request.
    ``(i) Confidential Communications.--(1) All people incarcerated in 
Federal facilities shall have the right and access to confidentially 
communicate with the community monitoring body and its designees, 
including while the community monitoring body or its designees are at a 
Federal facility and through free phone calls, free mail 
correspondence, and free email correspondence. These communications 
shall be afforded the same levels of protection, confidentiality, and 
privilege as attorney-client correspondence.
    ``(2) No person shall face any form of retaliation or adverse 
impact for having contact with, or being perceived to have had contact 
with, the community monitoring body or its designees.
    ``(3) An incarcerated person shall not be required to raise a 
complaint with the community monitoring body before seeking other 
remedies in connection with that complaint.
    ``(j) Electronic Equipment.--The community monitoring body and its 
designees shall have the right to bring and use electronic equipment in 
any Federal facility, including video cameras, photographic cameras, 
audio recording devices, mobile telephones, computers, and tablets, for 
the purposes of recording, documentation, administration of surveys, 
and other related purposes.
    ``(k) Access to Certain Information.--(1) The community monitoring 
body and its designees shall have the right to receive, access, 
inspect, and copy all relevant non-classified, non-privileged 
information, records, and documents in the possession or control of any 
Federal facility, Federal agency, or employee of any Federal facility 
or Federal agency.
    ``(2) The community monitoring body and its designees shall receive 
any such records within 7 days of a request to the head of a Federal 
facility or Federal agency. Where the records requested by the 
community monitoring body or its designees pertain to a death of an 
incarcerated person, threats of bodily harm including sexual or 
physical assaults, or the denial of necessary medical treatment, the 
records shall be provided within 48 hours unless members of the 
community monitoring body or their designees consent to an extension of 
the deadline.
    ``(l) Recommendations.--The community monitoring body may make 
periodic recommendations to any Federal agency or Federal facility, as 
well as to the President, Attorney General, Secretary of Homeland 
Security, Secretary of Health and Human Services, House Committee on 
the Judiciary, House Committee on Oversight and Accountability, Senate 
Committee on the Judiciary, Senate Committee on Homeland Security and 
Governmental Affairs, and other government entities. For any 
recommendations made by the community monitoring body to each Federal 
agency or Federal facility, such agency or facility shall report to the 
community monitoring body within 90 days whether it has designed and 
implemented a remedial action plan to address the recommendations, and 
transmit any such remedial action plan to the community monitoring 
body. The community monitoring body may publish its findings and 
recommendations on its website.
    ``(m) Access for Certain Individuals.--Representatives of the news 
media, public defenders, Legal Orientation Program representatives, 
elected Federal, State, and local representatives, and their designees, 
shall have the ability to--
            ``(1) make unannounced visits to Federal agencies and 
        Federal facilities and access every area of every Federal 
        facility, except that access to enter the cell of a person 
        incarcerated in the Federal facility shall only be granted with 
        the consent of the person housed in that cell, and to enter a 
        bathroom or shower area when such areas are unoccupied by 
        people incarcerated in the Federal facility;
            ``(2) receive in a timely manner, pursuant to the Freedom 
        of Information Act (5 U.S.C. 552), or any successor thereto, 
        all requested data from every Federal agency that has people in 
        its care or custody; and
            ``(3) correspond with and interview, with the ability to 
        take notes and use electronic and other recording devices, 
        incarcerated persons freely, privately, and confidentially upon 
        their consent.
    ``(n) Inspectors General.--Nothing in this section shall be 
construed to modify, supersede, or otherwise affect the authority of 
any Inspector General to access all records, reports, audits, reviews, 
documents, papers, recommendations, or other materials, as authorized 
by law.''.
    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4015 as added by section 3 the following:

``4016. Oversight.''.

SEC. 5. CREATING STATE INCENTIVES TO END SOLITARY CONFINEMENT.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
further amended by inserting after section 4016, as amended in section 
4, the following:
``Sec. 4017. Creating State incentives to end solitary confinement
    ``(a) In General.--Any State or local entity receiving any Federal 
funds from section 500 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (34 U.S.C. 10151 et seq.) shall annually certify to the 
Attorney General with comprehensive documentation that the State or 
local entity has in effect (or shall have in effect, not later than 6 
months after the date of enactment of this Act) laws, policies, and 
programs that substantially comply with section 3 of this Act to fully 
and meaningfully end solitary confinement and ensure all people in the 
States' and localities' prisons, jails, and detention centers, have 
access to at least 14 hours of out-of-cell congregate interaction in a 
shared space, without physical barriers, that is conducive to 
meaningful group interaction.
    ``(b) Penalty.--Beginning in the first fiscal year that begins 
after the date of enactment of this Act, in the case of a State or 
local entity that is not in substantial compliance with section 3 of 
the End Solitary Confinement Act, or an amendment made by such Act, the 
Attorney General shall reduce by at least 10 percent the total amount 
that such State or unit of local government would otherwise receive 
from section 500 of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10151 et seq.), except that funding for public 
defenders, community-based mental health care, community-based drug 
treatment, community-based violence interruption, and other similar 
community-based non-carceral and non-policing services shall be 
exempted from any reductions.''.
    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4016 as added by section 4 the following:

``4017. Creating State incentives to end solitary confinement.''.

SEC. 6. DEFINITIONS.

    (a) In General.--Chapter 301 of title 18, United States Code, is 
further amended by inserting after section 401,7 as amended in section 
5, the following:
``Sec. 4018. Certain definitions.
    ``In sections 4015, 4016, and 4017:
            ``(1) Alternative unit.--The term `alternative unit' means 
        any unit that is separate from the general facility population 
        or is in any way more restrictive than the general facility 
        population in terms of access to programming, services, or 
        other aspects of daily life.
            ``(2) Attempting.--The term `attempting' means having the 
        intent to carry out a particular act and completing significant 
        steps in the advancement of the attempt. Evidence of withdrawal 
        or abandonment of a plan to carry out the act shall negate a 
        finding of intent.
            ``(3) Federal agency.--The term `Federal agency' means the 
        Federal Bureau of Prisons, U.S. Immigration and Customs 
        Enforcement, Department of Homeland Security, U.S. Customs and 
        Border Protection, Office of Refugee Resettlement, United 
        States Marshals Service, Department of Health and Human 
        Services, any other Federal agency that has people in its care 
        or custody, and any Federal, State, local, or private entity 
        that has contracted with any of these or other Federal agencies 
        for holding or providing services to people in their care or 
        custody.
            ``(4) Federal facility.--The term `Federal facility' means 
        a Federal Bureau of Prisons facility, U.S. Immigration and 
        Customs Enforcement facility, Department of Homeland Security 
        facility, U.S. Customs and Border Protection facility, Office 
        of Refugee Resettlement facility, United States Marshals 
        Service facility, Department of Health and Human Services 
        facility, any other facility operated by a Federal agency that 
        has people in its care or custody, and any Federal, State, 
        local, or private facility that has contracted with any Federal 
        agencies for incarcerating people in their care or custody or 
        providing services to incarcerated people in their care or 
        custody.
            ``(5) Health care staff.--The term `health care staff' 
        means people who are employed, contracted, or volunteer to 
        provide medical, mental, and behavioral health care services at 
        a Federal facility.
            ``(6) Incarcerated.--The term `incarcerated' means being 
        held in a Federal facility for any reason.
            ``(7) Mental health need.--The term `mental health need' 
        means having any current mental health diagnosis by any medical 
        or mental health professional, or having had any such mental 
        health diagnosis in the previous two years.
            ``(8) Multidisciplinary team.--The term `multidisciplinary 
        team' means a group of staff or other people working or 
        operating in a Federal facility who have different professional 
        backgrounds and roles in the facility, and which shall include 
        program and health care staff.
            ``(9) Placement hearing.--The term `placement hearing' 
        means an administrative hearing to determine whether a person 
        may be placed in an alternative unit in a Federal facility.
            ``(10) Protective custody.--The term `protective custody' 
        means any housing of a person for their own protection.
            ``(11) Representative of the news media.--The term 
        `representative of the news media' means any person or entity 
        that gathers information of potential interest to a segment of 
        the public, uses its editorial skills to turn the raw materials 
        into a distinct work, and distributes that work to an audience.
            ``(12) Solitary confinement.--The term `solitary 
        confinement' means being confined in a cell or other space 
        without access to meaningful group interaction in a shared 
        space.
            ``(13) Special administrative measures.--The term `special 
        administrative measures' means the special administrative 
        measures under section 501.3 of title 28 of the Code of Federal 
        Regulations, or any successor thereto.
            ``(14) Supervisory medical provider.--The term `supervisory 
        medical provider' means a practicing doctor, nurse 
        practitioner, or physician assistant who has supervisory 
        responsibilities over other medical staff in a Federal 
        facility.''.
    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 4018 as added by section 5 the following:

``4018. Certain definitions.''.

SEC. 7. REMOVAL OF LIMITATION ON RECOVERY ON CERTAIN SUITS BY 
              INCARCERATED PEOPLE.

    Section 7(e) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e(e)) is amended to read as follows:
    ``(e) Limitation on Recovery.--No Federal civil action may be 
brought by a prisoner confined in a jail, prison, or other correctional 
facility, for mental or emotional injury suffered while in custody 
without a prior showing of physical injury, the commission of a sexual 
act (as defined in section 2246 of title 18), or placement in solitary 
confinement or an alternative unit (as defined in section 4015 of title 
18).''.

SEC. 8. REVISIONS TO STANDARD OPERATING PROCEDURES AND STANDARDS.

    Each Federal agency shall incorporate the requirements of this Act 
into the relevant standards and procedures governing confinement and 
shall monitor compliance with the requirements of this Act.

SEC. 9. APPROPRIATIONS AND PROHIBITION ON USE OF FUNDS.

    No sums appropriated to carry out the provisions of this Act may be 
used for any--
            (1) Buildings and Facilities Appropriations for the Bureau 
        of Prisons;
            (2) Procurement, Construction, and Improvements 
        Appropriations for the Department of Homeland Security, 
        including Immigration and Customs Enforcement and Customs and 
        Border Protection;
            (3) Constructions Appropriations for the U.S. Marshal 
        Service; Buildings and Facilities Appropriations for the 
        Department of Health and Human Services, including the 
        Administration for Children and Families and the Office of 
        Refugee Resettlement;
            (4) Federal agency to construct facilities where people 
        will be incarcerated or to construct or renovate buildings or 
        spaces within facilities where people are or will be 
        incarcerated; and
            (5) Federal agency to construct, install, or introduce any 
        weapons, any objects or devices or mechanisms restricting a 
        person's or people's movement in any way, or any other objects 
        or mechanisms that limit movement or create more restrictive 
        environments.

SEC. 10. SEVERABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act, or 
the application of that provision to persons or circumstances other 
than those as to which it is held invalid, is not affected thereby.

SEC. 11. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take full effect 
no later than 60 days after the date of enactment of this Act.
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