[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3409 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3409

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 5, 2023

   Mr. Markey (for himself, Ms. Warren, Mr. Sanders, and Mr. Welch) 
introduced the following bill; which was read twice and 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 with which Federal 
                           agencies contract.

    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 the 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 the elimination 
        of solitary confinement 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), a person incarcerated in a Federal facility 
        may not be placed in solitary confinement.
            ``(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 not less than 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) not less than 7 hours per day 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) not less than 1 hour per day 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 may 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 during 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--
                                    ``(I) for as limited a time as 
                                medically necessary as determined by 
                                health care staff; and
                                    ``(II) with comparable access 
                                granted to persons incarcerated in the 
                                general population to phone calls, 
                                emails, and programming at a physical 
                                distance determined appropriate by 
                                health care staff;
                            ``(iv) subject to subparagraphs (C) and 
                        (D), in an emergency situation as a last 
                        resort, only if necessary to de-escalate 
                        immediate circumstances that pose a specific 
                        and significant risk of imminent serious 
                        physical injury to the person, staff, or other 
                        incarcerated persons, and for as short a time 
                        as necessary to de-escalate such circumstances, 
                        not to exceed--
                                    ``(I) 4 hours total immediately 
                                following such emergency situation;
                                    ``(II) 4 hours total during any 24-
                                hour period; or
                                    ``(III) 12 hours total during any 
                                7-day period; or
                            ``(v) as part of a Federal agency-wide, 
                        Federal facility-wide, or partial Federal 
                        facility-wide lockdown, and--
                                    ``(I) only if a head of a Federal 
                                facility or Federal agency has 
                                determined the lockdown is necessary to 
                                de-escalate 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;
                                    ``(II) only when there are no less 
                                restrictive means to address an 
                                emergency, as a last resort after 
                                exhausting less restrictive measures;
                                    ``(III) if the lockdown is confined 
                                to as narrow an area as possible and to 
                                as limited number of people as 
                                possible; and
                                    ``(IV) if the lockdown is reviewed 
                                every hour by the head of the Federal 
                                facility or Federal agency, with 
                                notification provided to the Federal 
                                agency regional or field office, or 
                                equivalent office responsible for 
                                oversight of the Federal facility, 
                                beginning at the time the lockdown has 
                                lasted 2 hours, and is lifted as 
                                quickly as possible, provided that such 
                                lockdown shall not exceed--
                                            ``(aa) 4 hours total from 
                                        the time at which the lockdown 
                                        starts;
                                            ``(bb) 4 hours total during 
                                        any 24-hour period; or
                                            ``(cc) 12 hours total 
                                        during any 7-day period.
                    ``(C) De-escalation.--
                            ``(i) In general.--With respect to any 
                        placement pursuant to subparagraph (B)(iv), 
                        Federal facility staff shall meet with the 
                        incarcerated person not less frequently than 
                        once per hour to attempt de-escalation, work 
                        toward the release of the person from such 
                        confinement, and determine whether it is 
                        necessary to continue to hold the person in 
                        such confinement, and with respect to any 
                        placement pursuant to subparagraph (B)(iv) or 
                        (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 de-escalation.
                            ``(ii) Removal by health care staff.--If 
                        health care staff determines an incarcerated 
                        person should be removed from solitary 
                        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 a cell under 
                subparagraph (B)(iv) who--
                            ``(i) is 25 years of age or younger;
                            ``(ii) is 55 years of age 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 a person 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 
                subparagraph (B)(iii), (B)(iv), or (B)(v), such 
                separation in an alternative unit must--
                            ``(i) comply with--
                                    ``(I) subparagraphs (A) and (F); 
                                and
                                    ``(II) paragraphs (3), (4), and 
                                (5); 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, the following may not be 
                imposed as a form of punishment, discipline, or for any 
                other reason:
                            ``(i) Limitation on services, programming, 
                        treatment, contact visitation, phone calls, 
                        email, mail, or basic needs such as clothing, 
                        food, or bedding.
                            ``(ii) Involuntary restricted diets or any 
                        other involuntary change in diet.
                            ``(iii) Confiscation of approved personal 
                        property.
            ``(3) Due process requirements.--
                    ``(A) Hearing regulations.--
                            ``(i) In general.--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.
                            ``(ii) Requirements.--All hearings under 
                        regulations described in clause (i) shall 
                        comply with paragraph (4), and the conditions 
                        for all people in protective custody shall 
                        comply with--
                                    ``(I) subparagraphs (A), (E), and 
                                (F) of paragraph (2); and
                                    ``(II) paragraph (5).
                    ``(B) Review of placement.--
                            ``(i) In general.--The placement of an 
                        incarcerated person in an alternative unit 
                        shall be meaningfully reviewed not less than 
                        the first 15 days after placement in solitary 
                        confinement, and not less frequently than every 
                        15 days thereafter, by a multidisciplinary 
                        team, including program and health care staff, 
                        to determine whether the release of the 
                        incarcerated person to the general facility 
                        population continues to present a specific and 
                        significant risk of imminent serious physical 
                        injury to the person, staff, or other 
                        incarcerated persons.
                            ``(ii) Notice of reasons for 
                        determination.--If an incarcerated person is 
                        not discharged from an alternative unit at a 
                        review described under clause (i), the 
                        incarcerated person shall promptly receive in 
                        writing the reasons for the determination and 
                        the program, treatment, service, or corrective 
                        action required before discharge.
                            ``(iii) Access to services; discharge.--
                        Each incarcerated person shall be given access 
                        to the programs, treatment, and services 
                        specified under subparagraph (A), and shall be 
                        permitted to be discharged from an alternative 
                        unit 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 person, staff, or other 
                        incarcerated persons during the subsequent 15 
                        days.
                            ``(iv) Duration.--Other than for purposes 
                        of protective custody, or upon written request 
                        by the person, no person may be held in an 
                        alternative unit for more than 60 days during 
                        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 the person was previously placed 
                in such unit.
            ``(4) Placement hearings.--
                    ``(A) Placement in alternative unit.--Other than 
                separation of persons 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 that the person committed 1 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 person 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 Federal facility 
                        or escaping, attempting to escape, or 
                        facilitating an escape while under supervision 
                        outside the Federal 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 facilities operated by 
                the Federal Bureau of Prisons or facilities contracting 
                with the Federal Bureau of Prisons or United States 
                Marshals Service for incarcerating people in the care 
                or custody of those facilities or entities, the neutral 
                decision maker shall be--
                            ``(i) appointed by the Assistant Attorney 
                        General for Civil Rights;
                            ``(ii) employed by the Department of 
                        Justice; and
                            ``(iii) independent of--
                                    ``(I) any division or unit within 
                                the Department of Justice that has 
                                people in its care or custody or 
                                engages in any prosecuting activities;
                                    ``(II) any other Federal agency; 
                                and
                                    ``(III) any prosecuting entity.
                    ``(D) Department of homeland security.--For all 
                placement hearings involving placement in facilities 
                operated by or contracting with U.S. Immigration and 
                Customs Enforcement, the Department of Homeland 
                Security, or U.S. Customs and Border Protection for 
                incarcerating people in the care or custody of those 
                facilities or entities, the neutral decision maker 
                shall be--
                            ``(i) appointed by the Officer for Civil 
                        Rights and Civil Liberties;
                            ``(ii) employed by the Department of 
                        Homeland Security; and
                            ``(iii) independent of--
                                    ``(I) the Office for Civil Rights 
                                and Civil Liberties;
                                    ``(II) any division or unit within 
                                the Department of Homeland Security 
                                that has people in its care or custody 
                                or engages in any prosecuting 
                                activities;
                                    ``(III) any other Federal agency; 
                                and
                                    ``(IV) any prosecuting entity.
                    ``(E) Department of health and human services.--For 
                all placement hearings involving placement in 
                facilities operated by or contracting with the 
                Department of Health and Human Services for 
                incarcerating people in the care or custody of those 
                facilities or entities, the neutral decision maker 
                shall be--
                            ``(i) appointed by the Director of the 
                        Office for Civil Rights;
                            ``(ii) employed by the Department of Health 
                        and Human Services; and
                            ``(iii) independent of--
                                    ``(I) the Office for Civil Rights;
                                    ``(II) any division or unit within 
                                the Department of Health and Human 
                                Services that has people in its care or 
                                custody;
                                    ``(III) any other Federal agency; 
                                and
                                    ``(IV) 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 defense of the incarcerated 
                person.
                    ``(G) Representation.--
                            ``(i) In general.--At such a hearing, the 
                        incarcerated person shall be permitted to--
                                    ``(I) engage in self-
                                representation; or
                                    ``(II) be represented by any 
                                attorney, law student permitted to 
                                practice law, paralegal, community 
                                advocate, or other incarcerated person 
                                chosen by the person being represented.
                            ``(ii) Assistance for representation.--If a 
                        person does not have a representative, the 
                        person shall be offered the assistance of a 
                        representative as follows:
                                    ``(I) Department of justice 
                                placement hearings.--For all placement 
                                hearings described in subparagraph (C), 
                                if an incarcerated person does not 
                                select a representative, an appointed 
                                representative shall be--
                                            ``(aa) selected by the 
                                        Assistant Attorney General for 
                                        Civil Rights;
                                            ``(bb) employed by the 
                                        Department of Justice; and
                                            ``(cc) independent of--

                                                    ``(AA) any division 
                                                or unit within the 
                                                Department of Justice 
                                                that has people in its 
                                                care or custody or 
                                                engages in any 
                                                prosecuting activities;

                                                    ``(BB) any other 
                                                Federal agency; and

                                                    ``(CC) any 
                                                prosecuting entity.

                                    ``(II) Department of homeland 
                                security hearings.--For all placement 
                                hearings described in subparagraph (D), 
                                if an incarcerated person does not 
                                select a representative, an appointed 
                                representative shall be--
                                            ``(aa) selected by the 
                                        Officer for Civil Rights and 
                                        Civil Liberties;
                                            ``(bb) employed by the 
                                        Department of Homeland 
                                        Security; and
                                            ``(cc) independent of--

                                                    ``(AA) the Office 
                                                for Civil Rights and 
                                                Civil Liberties;

                                                    ``(BB) any division 
                                                or unit within the 
                                                Department of Homeland 
                                                Security that has 
                                                people in its care or 
                                                custody or engages in 
                                                any prosecuting 
                                                activities;

                                                    ``(CC) any other 
                                                Federal agency; and

                                                    ``(DD) any 
                                                prosecuting entity.

                                    ``(III) Department of health and 
                                human services hearings.--For all 
                                placement hearings described in 
                                subparagraph (E), if an incarcerated 
                                person does not select a 
                                representative, any appointed 
                                representative shall be--
                                            ``(aa) selected by the 
                                        Director of the Office for 
                                        Civil Rights;
                                            ``(bb) employed by the 
                                        Department of Health and Human 
                                        Services; and
                                            ``(cc) independent of--

                                                    ``(AA) the Office 
                                                for Civil Rights;

                                                    ``(BB) any division 
                                                or unit within the 
                                                Department of Health 
                                                and Human Services that 
                                                has people in its care 
                                                or custody;

                                                    ``(CC) any other 
                                                Federal agency; and

                                                    ``(DD) any 
                                                prosecuting entity.

                    ``(H) Notice.--
                            ``(i) In general.--Not less than 2 days 
                        prior to any placement hearing under this 
                        paragraph, both the incarcerated person and the 
                        chosen representative of the incarcerated 
                        person 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 may not, 
                        other than for purposes of protective custody, 
                        be placed in such alternative unit.
                            ``(ii) Time to prepare.--The incarcerated 
                        person and the chosen representative shall be 
                        provided adequate time to prepare for such 
                        hearings and afforded adjournments as 
                        appropriate.
                            ``(iii) Refusal to attend.--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.
                            ``(iv) Failure to comply.--Failure to 
                        provide the notice described in clause (i) 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 the favor of the incarcerated 
                        person.
                    ``(I) Written determination.--
                            ``(i) In general.--Not later than 5 
                        business days after the conclusion of the 
                        placement hearing, the neutral decision maker 
                        shall issue a written determination.
                            ``(ii) Clear and convincing evidence.--Any 
                        finding that an incarcerated person meets the 
                        criteria of placement in an alternative unit 
                        under subparagraph (A) shall be supported by 
                        clear and convincing evidence.
                            ``(iii) Contents.--The determination shall 
                        specify the finding, a summary of the testimony 
                        of each witness and an explanation of whether 
                        the testimony was credited or rejected, the 
                        evidence relied upon in reaching the finding, 
                        and the placement imposed, if any.
                            ``(iv) Notice of determination.--Not later 
                        than 24 hours after issuance of the 
                        determination, a copy of the determination 
                        shall be provided to the incarcerated person 
                        and the chosen representative of the 
                        incarcerated person.
            ``(5) Use of restraints.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) through (E), no person incarcerated 
                in a Federal facility shall be placed in restraints.
                    ``(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 person, other incarcerated persons, or staff based 
                on concrete evidence of such risk.
                    ``(C) Least restrictive form.--If restraints are 
                used pursuant to subsection (B), 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.--
                            ``(i) In general.--Restraints shall not be 
                        used on the same person 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 
                        incarcerated person, 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.
                            ``(ii) Limitations.--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 
                        person, 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.--No Federal facility 
        may use special administrative measures.
    ``(b) Report Required.--Not later than 15 days after the end of 
each quarter of the fiscal year, each Federal agency shall report on 
the website of the 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 subsection 
        (a)(2)(B)(iii), in protective custody under subsection 
        (a)(2)(E), and in any other alternative units under subsection 
        (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.--
                    ``(A) Civil action for injury.--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.
                    ``(B) Additional awards.--In an action filed under 
                subparagraph (A), the court may, in addition to any 
                other relief awarded under that subparagraph, award 
                reasonable attorney's fees and costs of the action to a 
                prevailing plaintiff.
            ``(2) No liability for certain lockdowns.--
                    ``(A) In general.--No Federal agency shall be 
                liable for a Federal agency-wide, facility-wide, or 
                partial facility-wide lockdown that exceeded the 4-hour 
                limit under subsection (a)(2)(B)(v) if the agency can 
                demonstrate that--
                            ``(i) 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;
                            ``(ii) 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;
                            ``(iii) the head of the applicable Federal 
                        agency approved of the lockdown if the lockdown 
                        exceeded 8 hours and the approval occurred at 
                        that time;
                            ``(iv) 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
                            ``(v) 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.
                    ``(B) Civil action for constitutional violation.--
                            ``(i) In general.--Any person who is 
                        injured by a violation of the Constitution of 
                        the United States 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.
                            ``(ii) Additional awards.--In an action 
                        filed under subparagraph (A), the court may, in 
                        addition to any other relief awarded under that 
                        subparagraph, 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, as 
amended by section 3 of this Act, 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 enactment of this Act, the Attorney General, in consultation 
with the Assistant Attorney General for Civil Rights of the Department 
of Justice, Officer for Civil Rights and Civil Liberties of the 
Department of Homeland Security, and Director of the Office for Civil 
Rights of 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 or any other Federal agency.
    ``(b) Appointment.--The Attorney General, in consultation with the 
Assistant Attorney General for Civil Rights of the Department of 
Justice, Officer for Civil Rights and Civil Liberties of the Department 
of Homeland Security, and Director of the Office for Civil Rights of 
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 not less than 15 people to serve as 
members of the community monitoring body.
    ``(c) Membership.--
            ``(1) In general.--Each member of the community monitoring 
        body shall be an individual who--
                    ``(A) has survived solitary confinement--
                    ``(B) has had loved ones who have experienced 
                solitary confinement or lost loved ones because of 
                solitary confinement;
                    ``(C) is a faith leader, medical or mental health 
                professional; or
                    ``(D) is a civil rights or human rights advocate.
            ``(2) Prior experience.--Each member of the community 
        monitoring body shall have experience engaging in advocacy, 
        service provision, or program operation aimed at enhancing the 
        rights and treatment of incarcerated persons.
            ``(3) Requirement relating to incarceration.--Not less than 
        half of the members of the community monitoring body shall be 
        individuals who were incarcerated or have had family members 
        incarcerated.
    ``(d) Membership Term.--Each member 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.
    ``(e) Reimbursement.--Each member shall be reimbursed by the 
Department of Justice for any per diem expenses of the member in 
connection with service on the community monitoring body.
    ``(f) Assistance.--The community monitoring body shall have the 
ability to designate any person to assist the work of the community 
monitoring body.
    ``(g) 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.
    ``(h) 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.
    ``(i) Meetings.--Administrators of each Federal agency and Federal 
facility shall meet privately with the community monitoring body or its 
designees upon request.
    ``(j) Communications.--
            ``(1) In general.--All persons 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.
            ``(2) Confidentiality.--Communications described in 
        paragraph (1) shall be afforded the same levels of protection, 
        confidentiality, and privilege as attorney-client 
        correspondence.
            ``(3) Retaliation.--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.
            ``(4) Complaints.--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.
    ``(k) 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.
    ``(l) Access to Certain Information.--
            ``(1) In general.--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) Required delivery date.--
                    ``(A) General delivery date.--The community 
                monitoring body and its designees shall receive any 
                records requested under paragraph (1) not later than 7 
                days after the date of request to the head of a Federal 
                facility or Federal agency.
                    ``(B) Expedited delivery.--In a situation in which 
                the records requested under paragraph (1) 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 not later than 48 hours after the date of the 
                request unless members of the community monitoring body 
                or their designees consent to an extension of the 
                deadline.
    ``(m) Recommendations.--
            ``(1) In general.--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, Committee on the Judiciary of the House of 
        Representatives, Committee on Oversight and Accountability of 
        the House of Representatives, Committee on the Judiciary of the 
        Senate, Committee on Homeland Security and Governmental Affairs 
        of the Senate, and other Government entities.
            ``(2) Remedial action plans.--For any recommendations made 
        by the community monitoring body to each Federal agency or 
        Federal facility, such agency or facility shall--
                    ``(A) report to the community monitoring body not 
                later than 90 days after receipt of the recommendations 
                as to whether the agency or facility has designed and 
                implemented a remedial action plan to address the 
                recommendations; and
                    ``(B) transmit any such remedial action plan to the 
                community monitoring body.
            ``(3) Publication.--The community monitoring body may 
        publish its findings and recommendations on its website that 
        the community monitoring body shall establish.
    ``(n) Access for Certain Persons.--Representatives of the news 
media, public defenders, representatives of the Legal Orientation 
Program of the Department of Justice, 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--
                    ``(A) 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
                    ``(B) access to enter a bathroom or shower area 
                shall only be allowed when such area is unoccupied by 
                persons incarcerated in the Federal facility;
            ``(2) receive in a timely manner, pursuant to section 552 
        of title 5, or any successor thereto, all requested data from 
        every Federal agency that has persons 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 
        the consent of the incarcerated persons.
    ``(o) 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 of this Act, the 
following:

``4016. Oversight.''.

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

    (a) In General.--Chapter 301 of title 18, United States Code, as 
amended by sections 3 and 4 of this Act, is further amended by 
inserting after section 4016, as added by section 4 of this Act, the 
following:
``Sec. 4017. Creating State incentives to end solitary confinement
    ``(a) In General.--Each State or local entity that receives any 
Federal funds under subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) 
(commonly known as the `Edward Byrne Memorial Justice Assistance Grant 
Program') 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 180 days after the date 
of enactment of this Act) laws, policies, and programs that 
substantially comply with section 4015 to fully and meaningfully end 
solitary confinement and ensure all people in the prisons, jails, and 
detention centers of the State or locality have access to not less than 
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 section, in the case of a State or 
local entity that is not in substantial compliance with section 4015, 
or an amendment made by the End Solitary Confinement Act, the Attorney 
General shall reduce by not less than 10 percent the total amount that 
such State or unit of local government would otherwise receive under 
subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly known as the 
`Edward Byrne Memorial Justice Assistance Grant Program'), 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, as amended by sections 3 and 4 of this 
Act, is amended by inserting after the item relating to section 4016, 
as added by section 4 of this Act, the following:

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

SEC. 6. DEFINITIONS.

    (a) In General.--Chapter 301 of title 18, United States Code, as 
amended by sections 3, 4, and 5 of this Act, is further amended by 
inserting after section 4017, as added by section 5 of this Act, 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.--
                    ``(A) In general.--The term `attempting' means 
                having the intent to carry out a particular act and 
                completing significant steps in the advancement of the 
                attempt.
                    ``(B) Withdrawal or abandonment.--Evidence of 
                withdrawal or abandonment of a plan to carry out a 
                particular act shall negate a finding of intent.
            ``(3) Community monitoring body.--The term `community 
        monitoring body' means the community monitoring body 
        established under section 4016(a).
            ``(4) Federal agency.--The term `Federal agency' means--
                    ``(A) the Federal Bureau of Prisons;
                    ``(B) U.S. Immigration and Customs Enforcement;
                    ``(C) the Department of Homeland Security;
                    ``(D) U.S. Customs and Border Protection;
                    ``(E) the Office of Refugee Resettlement;
                    ``(F) the United States Marshals Service;
                    ``(G) the Department of Health and Human Services;
                    ``(H) any other Federal agency that has persons in 
                its care or custody; and
                    ``(I) any Federal, State, local, or private entity 
                that has contracted with any of the entities listed in 
                subparagraphs (A) through (H) or with any other Federal 
                agency for holding or providing services to people in 
                their care or custody.
            ``(5) Federal facility.--The term `Federal facility' 
        means--
                    ``(A) a Federal Bureau of Prisons facility;
                    ``(B) a U.S. Immigration and Customs Enforcement 
                facility;
                    ``(C) a Department of Homeland Security facility;
                    ``(D) a U.S. Customs and Border Protection 
                facility;
                    ``(E) an Office of Refugee Resettlement facility;
                    ``(F) a United States Marshals Service facility;
                    ``(G) a Department of Health and Human Services 
                facility;
                    ``(H) any other facility operated by a Federal 
                agency that has persons in its care or custody; and
                    ``(I) any Federal, State, local, or private 
                facility that has contracted with any Federal agency 
                for incarcerating people in their care or custody or 
                providing services to incarcerated people in their care 
                or custody.
            ``(6) Health care staff.--The term `health care staff' 
        means individuals who are employed, contracted, or volunteer to 
        provide medical, mental, and behavioral health care services at 
        a Federal facility.
            ``(7) Incarcerated.--The term `incarcerated' means being 
        held in a Federal facility for any reason.
            ``(8) 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 during the previous 2 years.
            ``(9) Multidisciplinary team.--The term `multidisciplinary 
        team'--
                    ``(A) 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
                    ``(B) includes program and health care staff.
            ``(10) 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.
            ``(11) Protective custody.--The term `protective custody' 
        means any housing of a person for their own protection.
            ``(12) Representative of the news media.--The term 
        `representative of the news media' means any individual or 
        entity that--
                    ``(A) gathers information of potential interest to 
                a segment of the public;
                    ``(B) uses its editorial skills to turn the raw 
                materials into a distinct work; and
                    ``(C) distributes that work to an audience.
            ``(13) 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.
            ``(14) Special administrative measures.--The term `special 
        administrative measures' means the special administrative 
        measures under section 501.3 of title 28, Code of Federal 
        Regulations, or any successor thereto.
            ``(15) 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, as amended by sections 3, 4, and 5 of 
this Act, is amended by inserting after the item relating to section 
4017, as added by section 5 of this Act, 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, United States Code), or 
placement in solitary confinement or an alternative unit (as defined in 
section 4018 of title 18, United States Code).''.

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

    Each Federal agency, as defined in section 4018 of title 18, United 
States Code, as added by this Act, shall--
            (1) incorporate the requirements of this Act and the 
        amendments made by this Act into the relevant standards and 
        procedures governing confinement; and
            (2) monitor compliance with the requirements of this Act 
        and the amendments made by 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 United States 
        Marshals Service;
            (4) 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;
            (5) Federal agency to--
                    (A) construct facilities where persons will be 
                incarcerated; or
                    (B) to construct or renovate buildings or spaces 
                within facilities where persons are or will be 
                incarcerated; or
            (6) Federal agency to construct, install, or introduce any 
        weapons, any objects or devices or mechanisms restricting the 
        movement of a person or persons 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 an amendment made by this Act, or 
the application thereof to any person or circumstance is held invalid, 
the remainder of this Act, and other amendments made by 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 effect not 
later than 60 days after the date of enactment of this Act.
                                 <all>