[Congressional Record Volume 165, Number 41 (Thursday, March 7, 2019)]
[Senate]
[Pages S1735-S1743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THUNE:
S. 700. A bill to amend the Internal Revenue Code of 1986 to provide
a safe harbor for determinations of worker classification, to require
increased reporting, and for other purposes; to the Committee on
Finance.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S1736]]
S. 700
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 ``New Economy Works to
Guarantee Independence and Growth Act of 2019'' or the ``NEW
GIG Act of 2019''.
SEC. 2. DETERMINATION OF WORKER CLASSIFICATION.
(a) In General.--Chapter 79 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
``SEC. 7706. DETERMINATION OF WORKER CLASSIFICATION.
``(a) In General.--For purposes of this title (and
notwithstanding any provision of this title not contained in
this section to the contrary), if the requirements of
subsections (b), (c), and (d) are met with respect to any
service performed by a service provider, then with respect to
such service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer,
``(3) any payor shall not be treated as an employer, and
``(4) the compensation paid or received for such service
shall not be treated as paid or received with respect to
employment.
``(b) General Service Provider Requirements.--
``(1) In general.--The requirements of this subsection are
met with respect to any service if the service provider
either--
``(A) meets the requirements of paragraph (2) with respect
to such service, or
``(B) in the case of a service provider engaged in the
trade or business of selling (or soliciting the sale of)
goods or services, meets the requirements of paragraph (3)
with respect to such service.
``(2) General requirements.--
``(A) In general.--The requirements of this paragraph are
met with respect to any service if the service provider, in
connection with performing the service--
``(i) incurs expenses--
``(I) which are deductible under section 162, and
``(II) a significant portion of which are not reimbursed,
``(ii) agrees to perform the service for a particular
amount of time, to achieve a specific result, or to complete
a specific task, and
``(iii) satisfies not less than 1 of the factors described
in subparagraph (B).
``(B) Factors.--The factors described in this subparagraph
are the following:
``(i) The service provider has a significant investment in
assets or training which are applicable to the service
performed.
``(ii) The service provider is not required to perform
services exclusively for the service recipient or payor.
``(iii) The service provider has not been treated as an
employee by the service recipient or payor for substantially
the same services during the 1-year period ending with the
date of the commencement of services under the contract
described in subsection (d).
``(iv) The service provider is not compensated on a basis
which is tied primarily to the number of hours actually
worked.
``(3) Alternative requirements with respect to sales
persons.--In the case of a service provider engaged in the
trade or business of selling (or soliciting the sale of)
goods or services, the requirements of this paragraph are met
with respect to any service provided in the ordinary course
of such trade or business if--
``(A) the service provider is compensated primarily on a
commission basis, and
``(B) substantially all the compensation for such service
is directly related to sales of goods or services rather than
to the number of hours worked.
``(c) Place of Business or Own Equipment Requirement.--The
requirement of this subsection is met with respect to any
service if the service provider--
``(1) has a principal place of business,
``(2) does not provide the service primarily in the service
recipient's place of business,
``(3) pays a fair market rent for use of the service
recipient's or payor's place of business, or
``(4) provides the service primarily using equipment
supplied by the service provider.
``(d) Written Contract Requirement.--The requirements of
this subsection are met with respect to any service if such
service is performed pursuant to a written contract between
the service provider and the service recipient or payor,
whichever is applicable, which meets the following
requirements:
``(1) The contract includes each of the following:
``(A) The service provider's name, taxpayer identification
number, and address.
``(B) A statement that the service provider will not be
treated as an employee with respect to the services provided
pursuant to the contract for purposes of this title.
``(C) A statement that the service recipient or payor will
withhold upon and report to the Internal Revenue Service the
compensation payable pursuant to the contract consistent with
the requirements of this title.
``(D) A statement that the service provider is responsible
for payment of Federal, State, and local taxes, including
self-employment taxes, on compensation payable pursuant to
the contract.
``(E) A statement that the contract is intended to be
considered a contract described in this subsection.
The contract shall not fail to meet the requirements of this
paragraph merely because the information described in
subparagraph (A) is collected at the time payment is made for
the services and not in advance, or because the contract
provides that an agent of the service recipient or payor will
fulfill any of the responsibilities of the service recipient
or payor described in the preceding subparagraphs.
``(2) The term of the contract does not exceed 2 years. The
preceding sentence shall not prevent 1 or more subsequent
written renewals of the contract from satisfying the
requirements of this subsection if the term of each such
renewal does not exceed 2 years and if the information
required under paragraph (1)(A) is updated in connection with
each such renewal.
``(3) The contract (or renewal) is signed (which may
include signatures in electronic form) by the service
recipient or payor and the service provider not later than
the date on which the aggregate payments made by the service
recipient or payor to the service provider exceeds $1,000 for
the year covered by the contract (or renewal).
``(e) Reporting Requirements.--
``(1) In general.--For purposes of making any determination
with respect to the liability of a service recipient or payor
for any tax during any taxable year with respect to a service
provider, the application of this section shall be
conditioned on either the service recipient or the payor
satisfying the reporting requirements applicable to such
service recipient or payor under section 6041(a), 6041A(a),
or 6050W with respect to such service provider for such
period.
``(2) Reasonable cause.--For purposes of paragraph (1),
such reporting requirements shall be treated as met if the
failure to satisfy such requirements is due to reasonable
cause and not willful neglect.
``(f) Exception for Services Provided by Owner.--This
section shall not apply with respect to any service provided
by a service provider to a service recipient or payor if the
service provider owns any interest in the service recipient
or the payor with respect to the service provided. The
preceding sentence shall not apply in the case of a service
recipient or payor the stock of which is regularly traded on
an established securities market.
``(g) Limitation on Reclassification by Secretary.--For
purposes of this title--
``(1) Effect of reclassification on service recipients and
payors.--A determination by the Secretary that a service
recipient or a payor should have treated a service provider
as an employee shall be effective with respect to the service
recipient or payor no earlier than the notice date if--
``(A) the service recipient or the payor entered into a
written contract with the service provider which meets the
requirements of subsection (d),
``(B) the service recipient or the payor satisfied the
applicable reporting requirements of section 6041(a),
6041A(a), or 6050W for all relevant taxable years with
respect to the service provider,
``(C) the service recipient or the payor collected and paid
over all applicable taxes imposed under subtitle C for all
relevant taxable years with respect to the service provider,
and
``(D) the service recipient or the payor demonstrates a
reasonable basis for having determined that the service
provider should not be treated as an employee under this
section and that such determination was made in good faith.
``(2) Effect of reclassification on service providers.--A
determination by the Secretary that a service provider should
have been treated as an employee shall be effective with
respect to the service provider no earlier than the notice
date if--
``(A) the service provider entered into a written contract
with the service recipient or the payor which meets the
requirements of subsection (d),
``(B) the service provider satisfied the applicable
reporting requirements of sections 6012(a) and 6017 for all
relevant taxable years with respect to the service recipient
or the payor, and
``(C) the service provider demonstrates a reasonable basis
for determining that the service provider is not an employee
under this section and that such determination was made in
good faith.
``(3) Notice date.--For purposes of this subsection, the
term `notice date' means the 30th day after the earliest of--
``(A) the date on which the first letter of proposed
deficiency which allows the service provider, the service
recipient, or the payor an opportunity for administrative
review in the Internal Revenue Service Office of Appeals is
sent,
``(B) the date on which a deficiency notice under section
6212 is sent, or
``(C) the date on which a notice of determination under
section 7436(b)(2) is sent.
``(4) Reasonable cause exception.--The requirements of
paragraphs (1)(B), (1)(C), and (2)(B) shall be treated as met
if the failure to satisfy such requirements is due to
reasonable cause and not willful neglect.
``(5) No restriction on administrative or judicial
review.--Nothing in this subsection shall be construed as
limiting any provision of law which provides an opportunity
for administrative or judicial review of a determination by
the Secretary.
``(h) Rule of Construction.--Nothing in this section shall
be construed as--
``(1) limiting the ability or right of a service provider,
service recipient, or payor to
[[Page S1737]]
apply any other provision of this title, section 530 of the
Revenue Act of 1978, or any common law rules for determining
whether an individual is an employee, or
``(2) establishing a prerequisite for the application of
any provision of law described in paragraph (1).
``(i) Definitions.--For purposes of this section--
``(1) Service provider.--
``(A) In general.--The term `service provider' means any
qualified person who performs service for another person.
``(B) Qualified person.--The term `qualified person'
means--
``(i) any natural person, or
``(ii) any entity if any of the services referred to in
subparagraph (A) are performed by 1 or more natural persons
who directly own interests in such entity.
``(2) Service recipient.--The term `service recipient'
means the person for whom the service provider performs such
service.
``(3) Payor.--The term `payor' means--
``(A) any person, including the service recipient, who pays
the service provider for performing such service, or
``(B) any marketplace platform, as defined in section
6050W(d)(3)(C).
``(j) Regulations.--Notwithstanding section 530(d) of the
Revenue Act of 1978, the Secretary shall issue such
regulations as the Secretary determines are necessary to
carry out the purposes of this section.''.
(b) Voluntary Withholding Agreements and Worker
Classification.--Section 3402(p) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
paragraph:
``(4) Worker classification.--Agreements under paragraph
(3) shall not be taken into account in determining whether
any party to such agreement is an employee or an employer for
purposes of this title.''.
(c) Withholding by Payor in Case of Certain Persons
Classified as Not Employees.--Section 3402 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(u) Extension of Withholding to Payments to Certain
Persons Classified as Not Employees.--
``(1) In general.--For purposes of this chapter and so much
of subtitle F as relates to this chapter, compensation paid
pursuant to a contract described in section 7706(d) shall be
treated as if it were a payment of wages by an employer to an
employee.
``(2) Amount withheld.--Except as otherwise provided under
subsection (i), the amount to be deducted and withheld
pursuant to paragraph (1) with respect to compensation paid
pursuant to any such contract during any calendar year shall
be an amount equal to 5 percent of so much of the amount of
such compensation as does not exceed $20,000.''.
(d) Direct Sellers of Promotional Products.--Subsection (b)
of section 3508 of the Internal Revenue Code of 1986 is
amended--
(1) in paragraph (2)(A)--
(A) in clause (ii), by striking ``or'' at the end,
(B) in clause (iii), by adding ``or'' at the end, and
(C) by inserting after clause (iii) the following new
clause:
``(iv) is engaged in the trade or business of selling, or
soliciting the sale of, promotional products from other than
a permanent retail establishment,'',
(2) by redesignating paragraph (3) as paragraph (4), and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Promotional product.--For purposes of paragraph
(2)(A)(iv), the term `promotional product' means a tangible
item with permanently marked promotional words, symbols, or
art of the purchaser.''.
(e) Reporting.--
(1) Information at source.--Section 6041 of the Internal
Revenue Code of 1986 is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``$600'' and inserting
``$1,000'', and
(ii) by striking ``$600 or more in any taxable year'' and
inserting ``$1,000 or more in any taxable year'', and
(B) by adding at the end the following new subsection:
``(h) Special Rules for Certain Persons Classified as Not
Employees.--
``(1) In general.--In the case of any service recipient or
payor required to make a return under subsection (a) with
respect to compensation to which section 7706(a) applies--
``(A) such return shall include--
``(i) the aggregate amount of such compensation paid to
each person whose name is required to be included on such
return,
``(ii) the aggregate amount deducted and withheld under
section 3402(s) with respect to such compensation, and
``(iii) an indication of whether a copy of the contract
described in section 7706(d) is on file with the service
recipient or payor, and
``(B) the statement required to be furnished under
subsection (d) shall include the information described in
subparagraph (A) with respect to the service provider to whom
such statement is furnished.
``(2) Definitions.--Terms used in this subsection which are
also used in section 7706 shall have the same meaning as when
used in such section.''.
(2) Returns regarding payments of remuneration for services
and direct sales.--Section 6041A of such Code is amended--
(A) in paragraph (2) of subsection (a), by striking
``$600'' and inserting ``$1,000'', and
(B) by adding at the end the following new subsection:
``(g) Special Rules for Certain Persons Classified as Not
Employees.--Rules similar to the rules of subsection (h) of
section 6041 shall apply for purposes of this section.''.
(3) Returns relating to payments made in settlement of
payment card and third party network transactions.--Section
6050W of such Code is amended--
(A) in subsection (d), by amending paragraph (3) to read as
follows:
``(3) Third party payment network.--
``(A) In general.--The term `third party payment network'
means any agreement or arrangement--
``(i) which involves the establishment of accounts with a
central organization or marketplace platform by a substantial
number of persons who--
``(I) are unrelated to such organization or platform,
``(II) provide goods or services, and
``(III) have agreed to settle transactions for the
provision of such goods or services pursuant to such
agreement or arrangement,
``(ii) which provides for standards and mechanisms for
settling such transactions, and
``(iii) which guarantees persons providing goods or
services pursuant to such agreement or arrangement that such
persons will be paid for providing such goods or services.
``(B) Exception.--The term `third party payment network'
shall not include any agreement or arrangement which provides
for the issuance of payment cards.
``(C) Marketplace platform.--For purposes of subparagraph
(A), the term `marketplace platform' means any person who--
``(i) operates a digital website, mobile application, or
similar system that facilitates the provision of goods or
services by providers to recipients,
``(ii) enters into an agreement with each provider stating
that such provider will not be treated as an employee with
respect to such goods or services,
``(iii) provides standards and mechanisms for settling such
facilitated transactions, and
``(iv) guarantees each provider of goods or services
pursuant to such agreement that the provider will be paid for
such facilitated transaction.'',
(B) by amending subsection (e) to read as follows:
``(e) Exception for De Minimis Payments by Third Party
Settlement Organizations.--
``(1) In general.--A third party settlement organization
shall be required to report any information under subsection
(a) with respect to third party network transactions of any
participating payee only if the amount which would otherwise
be reported under subsection (a)(2) with respect to such
transactions exceeds $1,000.
``(2) Exception.--
``(A) Marketplace platforms.--In the case of a third party
settlement organization which is a marketplace platform (as
defined in subsection (d)(3)(C)) through which substantially
all the participating payees are primarily engaged in the
sale of goods, such marketplace platform shall be required to
report any information under subsection (a) with respect to
third party network transactions of such payee only if--
``(i) the amount which would otherwise be reported under
subsection (a)(2) with respect to such transaction exceeds
$5,000, or
``(ii) the aggregate number of transactions exceeds 50.
``(B) Other third party settlement organizations.--In the
case of a third party settlement organization other than a
marketplace platform--
``(i) the rules of subparagraph (A) shall apply in the case
of information required to be reported, or which would
otherwise be reported, under subsection (a) to any
participating payee who is primarily engaged in the sale of
goods, and
``(ii) the determination of whether a participating payee
is primarily engaged in the sale of goods may be made
separately for each participating payee.
``(3) Election to report.--Notwithstanding paragraphs (1)
and (2), a third party settlement organization may elect to
report any information under subsection (a) with respect to
third party network transactions of any participating payee
without regard to the amount reported under subsection (a)(2)
with respect to such transactions or the aggregate number of
such transactions.'', and
(C) in subsection (f)--
(i) in paragraph (1), by striking ``and'' at the end,
(ii) in paragraph (2), by striking the period at the end
and inserting ``, and'', and
(iii) by inserting after paragraph (2) the following new
paragraph:
``(3) the amount, if any, withheld pursuant to section
3402(s).''.
(f) Proceedings for Determination of Employment Status.--
Paragraph (1) of section 7436(b) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(1) Petitioner.--A pleading may be filed under this
section only by--
``(A) the person for whom the services are performed,
including the service recipient or the payor, or
``(B) any service provider which the Secretary has
determined should have been treated as an employee.
[[Page S1738]]
All terms used in this paragraph which are also used in
section 7706 have the meanings given such terms in section
7706(i).''.
(g) Clerical Amendment.--The table of sections for chapter
79 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Sec. 7706. Determination of worker classification.''.
(h) Effective Date.--
(1) In general.--Except as provided in paragraphs (2), (3),
and (4), the amendments made by this section shall apply to
services performed after December 31, 2019 (and to payments
made for such services after such date).
(2) Grace period to begin withholding.--A contract shall
not be treated as failing to meet the requirements of section
7706(d)(1)(C) of the Internal Revenue Code of 1986 (as added
by this section), and a service recipient or payor shall not
be treated as failing to meet any such requirement, with
respect to compensation paid to a service provider before the
date that is 180 days after the date of the enactment of this
Act.
(3) Reporting.--Except as provided in paragraph (4), the
amendments made by subsection (e) shall apply to returns the
due date for which is after the date which is 2 years after
the date of the enactment of this Act.
(4) Exception for de minimis payments by third party
settlement organizations.--The amendment made by subsection
(e)(3)(B) shall apply to payments made after December 31,
2019.
______
By Mr. DURBIN (for himself, Mr. Coons, Mr. Booker, Ms. Harris,
Mr. Leahy, Mr. Schatz, and Ms. Warren):
S. 719. A bill to reform the use of solitary confinement and other
forms of restrictive housing in the Bureau of Prisons, and for other
purposes; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 719
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 ``Solitary Confinement Reform
Act''.
SEC. 2. SOLITARY CONFINEMENT REFORMS.
(a) Amendment.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 4051. Solitary confinement
``(a) Definitions.--In this section:
``(1) Administrative maximum facility.--The term
`administrative maximum facility' means a maximum-security
facility, including the Administrative Maximum facility in
Florence, Colorado, designed to house inmates who present an
ongoing significant and serious threat to other inmates,
staff, and the public.
``(2) Administrative segregation.--The term `administrative
segregation' means a nonpunitive form of solitary confinement
that removes an individual from the general population of a
correctional facility for--
``(A) investigative, protective, or preventative reasons
resulting in a substantial and immediate threat; or
``(B) transitional reasons, including a pending transfer,
pending classification, or other temporary administrative
matter.
``(3) Appropriate level of care.--The term `appropriate
level of care' means the appropriate treatment setting for
mental health care that an inmate with mental illness
requires, which may include outpatient care, emergency or
crisis services, day treatment, supported residential
housing, infirmary care, or inpatient psychiatric
hospitalization services.
``(4) Director.--The term `Director' means the Director of
the Bureau of Prisons.
``(5) Disciplinary hearing officer.--The term `disciplinary
hearing officer' means an employee of the Bureau of Prisons
who is responsible for conducting disciplinary hearings for
which solitary confinement may be a sanction, as described in
section 541.8 of title 28, Code of Federal Regulations, or
any successor thereto.
``(6) Disciplinary segregation.--The term `disciplinary
segregation' means a punitive form of solitary confinement
imposed only by a Disciplinary Hearing Officer as a sanction
for committing a significant and serious disciplinary
infraction.
``(7) Intellectual disability.--The term `intellectual
disability' means a significant mental impairment
characterized by significant limitations in both intellectual
functioning and in adaptive behavior.
``(8) Multidisciplinary staff committee.--The term
`multidisciplinary staff committee' means a committee--
``(A) made up of staff at the facility where an inmate
resides who are responsible for reviewing the initial
placement of the inmate in solitary confinement and any
extensions of time in solitary confinement; and
``(B) which shall include--
``(i) not less than 1 licensed mental health professional;
``(ii) not less than 1 medical professional; and
``(iii) not less than 1 member of the leadership of the
facility.
``(9) Ongoing significant and serious threat.--The term
`ongoing significant and serious threat' means an ongoing set
of circumstances that require the highest level of security
and staff supervision for an inmate who, by the behavior of
the inmate--
``(A) has been identified as assaultive, predacious,
riotous, or a serious escape risk; and
``(B) poses a great risk to other inmates, staff, and the
public.
``(10) Protection case.--The term `protection case' means
an inmate who, by the request of the inmate or through a
staff determination, requires protection, as described by
section 541.23(c)(3) of title 28, Code of Federal
Regulations, or any successor thereto.
``(11) Serious mental illness.--The term `serious mental
illness' means a substantial disorder of thought or mood that
significantly impairs judgment, behavior, capacity to
recognize reality, or ability to cope with the ordinary
demands of life.
``(12) Significant and serious disciplinary infraction.--
The term `significant and serious disciplinary infraction'
means--
``(A) an act of violence that either--
``(i) resulted in or was likely to result in serious injury
or death to another; or
``(ii) occurred in connection with any act of nonconsensual
sex; or
``(B) an escape, attempted escape, or conspiracy to escape
from within a security perimeter or custody, or both; or
``(C) possession of weapons, possession of illegal
narcotics with intent to distribute, or other similar, severe
threats to the safety of the inmate, other inmates, staff, or
the public.
``(13) Solitary confinement.--The term `solitary
confinement' means confinement characterized by substantial
isolation in a cell, alone or with other inmates, including
administrative segregation, disciplinary segregation, and
confinement in any facility designated by the Bureau of
Prisons as a special housing unit, special management unit,
or administrative maximum facility.
``(14) Special administrative measures.--The term `special
administrative measures' means reasonably necessary measures
used to--
``(A) prevent disclosure of classified information upon
written certification to the Attorney General by the head of
an element of the intelligence community (as specified or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4))) that the unauthorized disclosure of
such information would pose a threat to the national security
and that there is a danger that the inmate will disclose such
information, as described by section 501.2 of title 28, Code
of Federal Regulations, or any successor thereto; or
``(B) protect persons against the risk of death or serious
bodily injury, upon written notification to the Director by
the Attorney General or, at the Attorney General's direction,
by the head of a Federal law enforcement agency, or the head
of an element of the intelligence community (as specified or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4))), that there is a substantial risk
that the communications of an inmate or contacts by the
inmate with other persons could result in death or serious
bodily injury to persons, or substantial damage to property
that would entail the risk of death or serious bodily injury
to persons, as described by section 501.3 of title 28, Code
of Federal Regulations, or any successor thereto.
``(15) Special housing unit.--The term `special housing
unit' means a housing unit in an institution of the Bureau of
Prisons in which inmates are securely separated from the
general inmate population for disciplinary or administrative
reasons, as described in section 541.21 of title 28, Code of
Federal Regulations, or any successor thereto.
``(16) Special management unit.--The term `special
management unit' means a nonpunitive housing program with
multiple, step-down phases for inmates whose history,
behavior, or situation requires enhanced management
approaches in order to ensure the safety of other inmates,
the staff, and the public.
``(17) Substantial and immediate threat.--The term
`substantial and immediate threat' means any set of temporary
and unforeseen circumstances that require immediate action in
order to combat a threat to the safety of an inmate, other
inmates, staff, or the public.
``(b) Use of Solitary Confinement.--
``(1) In general.--The placement of a Federal inmate in
solitary confinement within the Bureau of Prisons or any
facility that contracts with the Bureau of Prisons to provide
housing for inmates in Federal custody shall be limited to
situations in which such confinement--
``(A) is limited to the briefest term and the least
restrictive conditions practicable, including not less than 4
hours of out-of-cell time every day, unless the inmate poses
a substantial and immediate threat;
``(B) is consistent with the rationale for placement and
with the progress achieved by the inmate;
``(C) allows the inmate to participate in meaningful
programming opportunities and privileges as consistent with
those available in the general population as practicable,
either individually or in a classroom setting;
``(D) allows the inmate to have as much meaningful
interaction with others, such as other inmates, visitors,
clergy, or licensed
[[Page S1739]]
mental health professionals, as practicable; and
``(E) complies with the provisions of this section.
``(2) Transitional process for inmates in solitary
confinement.--
``(A) Inmates with upcoming release dates.--The Director
shall establish--
``(i) policies to ensure that an inmate with an anticipated
release date of 180 days or less is not housed in solitary
confinement, unless--
``(I) such confinement is limited to not more than 5 days
of administrative segregation relating to the upcoming
release of the inmate; or
``(II) the inmate poses a substantial and immediate threat;
and
``(ii) a transitional process for each inmate with an
anticipated release date of 180 days or less who is held in
solitary confinement under clause (i)(II), which shall
include--
``(I) substantial re-socialization programming in a group
setting;
``(II) regular mental health counseling to assist with the
transition; and
``(III) re-entry planning services offered to inmates in a
general population setting.
``(B) Inmates in long-term solitary confinement.--The
Director shall establish a transitional process for each
inmate who has been held in solitary confinement for more
than 30 days and who will transition into a general
population unit, which shall include--
``(i) substantial re-socialization programming in a group
setting; and
``(ii) regular mental health counseling to assist with the
transition.
``(3) Protective custody units.--The Director--
``(A) shall establish within the Federal prison system
additional general population protective custody units that
provide sheltered general population housing to protect
inmates from harm that they may otherwise be exposed to in a
typical general population housing unit;
``(B) shall establish policies to ensure that an inmate who
is considered a protection case shall, upon request of the
inmate, be placed in a general population protective custody
unit;
``(C) shall create an adequate number of general population
protective custody units to--
``(i) accommodate the requests of inmates who are
considered to be protection cases; and
``(ii) ensure that inmates who are considered to be
protection cases are placed in facilities as close to their
homes as practicable; and
``(D) may not place an inmate who is considered to be a
protection case in solitary confinement due to the status of
the inmate as a protection case unless--
``(i) the inmate requests to be placed in solitary
confinement, in which case, at the request of the inmate the
inmate shall be transferred to a general population
protective custody unit or, if appropriate, a different
general population unit; or
``(ii) such confinement is limited to--
``(I) not more than 5 days of administrative segregation;
and
``(II) is necessary to protect the inmate during
preparation for transfer to a general population protective
custody unit or a different general population unit.
``(4) Vulnerable populations.--The Bureau of Prisons or any
facility that contracts with the Bureau of Prisons shall not
place an inmate in solitary confinement if--
``(A) the inmate has a serious mental illness, has an
intellectual disability, has a physical disability that a
licensed medical professional finds is likely to be
exacerbated by placement in solitary confinement, is pregnant
or in the first 8 weeks of the postpartum recovery period
after giving birth, or has been determined by a licensed
mental health professional to likely be significantly
adversely affected by placement in solitary confinement,
unless--
``(i) the inmate poses a substantial and immediate threat;
``(ii) all other options to de-escalate the situation have
been exhausted, including less restrictive techniques such
as--
``(I) penalizing the inmate through loss of privileges;
``(II) speaking with the inmate in an attempt to de-
escalate the situation; and
``(III) a licensed mental health professional providing an
appropriate level of care;
``(iii) such confinement is limited to the briefest term
and the least restrictive conditions practicable, including
access to medical and mental health treatment;
``(iv) such confinement is reviewed by a multidisciplinary
staff committee for appropriateness every 24 hours; and
``(v) as soon as practicable, but not later than 5 days
after such confinement begins, the inmate is diverted, upon
release from solitary confinement, to--
``(I) a general population unit;
``(II) a protective custody unit described in paragraph
(3); or
``(III) a mental health treatment program as described in
subsection (c)(2);
``(B) the inmate is lesbian, gay, bisexual, transgender (as
defined in section 115.5 of title 28, Code of Federal
Regulations, or any successor thereto), intersex (as defined
in section 115.5 of title 28, Code of Federal Regulations, or
any successor thereto), or gender nonconforming (as defined
in section 115.5 of title 28, Code of Federal Regulations, or
any successor thereto), when such placement is solely on the
basis of such identification or status; or
``(C) the inmate is HIV positive, if the placement is
solely on the basis of the HIV positive status of the inmate.
``(5) Special housing units.--The Director shall--
``(A) limit administrative segregation--
``(i) to situations in which such segregation is necessary
to--
``(I) control a substantial and immediate threat that
cannot be addressed through alternative housing; or
``(II) temporarily house an inmate pending transfer,
pending classification, or pending resolution of another
temporary administrative matter; and
``(ii) to a duration of not more than 15 consecutive days,
and not more than 20 days in a 60-day period, unless--
``(I) the inmate requests to remain in administrative
segregation under paragraph (3)(D)(i); or
``(II) in order to address the continued existence of a
substantial and immediate threat, a multidisciplinary staff
committee approves a temporary extension, which--
``(aa) may not be longer than 15 days; and
``(bb) shall be reviewed by the multidisciplinary staff
committee every 3 days during the period of the extension, in
order to confirm the continued existence of the substantial
and immediate threat;
``(B) limit disciplinary segregation--
``(i) to situations in which such segregation is necessary
to punish an inmate who has been found to have committed a
significant and serious disciplinary infraction by a
Disciplinary Hearing Officer and alternative sanctions would
not adequately regulate the behavior of the inmate; and
``(ii) to a duration of not more than 30 consecutive days,
and not more than 40 days in a 60-day period, unless a
multidisciplinary staff committee, in consultation with the
Disciplinary Hearing Officer who presided over the inmate's
disciplinary hearing, determines that the significant and
serious disciplinary infraction of which the inmate was found
guilty is of such an egregious and violent nature that a
longer sanction is appropriate and approves a longer
sanction, which--
``(I) may be not more than 60 days in a special housing
unit if the inmate has never before been found guilty of a
similar significant and serious disciplinary infraction; or
``(II) may be not more than 90 days in a special housing
unit if the inmate has previously been found guilty of a
similar significant and serious disciplinary infraction;
``(C) ensure that any time spent in administrative
segregation during an investigation into an alleged offense
is credited as time served for a disciplinary segregation
sentence;
``(D) ensure that concurrent sentences are imposed for
disciplinary violations arising from the same episode; and
``(E) ensure that an inmate may be released from
disciplinary segregation for good behavior before completing
the term of the inmate, unless the inmate poses a substantial
and immediate threat to the safety of other inmates, staff,
or the public.
``(6) Special management units.--The Director shall--
``(A) limit segregation in a special management unit to
situations in which such segregation is necessary to
temporarily house an inmate whose history, behavior, or
circumstances require enhanced management approaches that
cannot be addressed through alternative housing;
``(B) evaluate whether further reductions to the minimum
and maximum number of months an inmate may spend in a special
management unit are appropriate on an annual basis;
``(C) ensure that each inmate understands the status of the
inmate in the special management unit program and how the
inmate may progress through the program; and
``(D) further reduce the minimum and maximum number of
months an inmate may spend in a special management unit if
the Director determines such reductions are appropriate after
evaluations are performed under subparagraph (B).
``(7) Administrative maximum facilities.--The Director
shall--
``(A) limit segregation in an administrative maximum
facility to situations in which such segregation is necessary
to--
``(i) implement special administrative measures, as
directed by the Attorney General; or
``(ii) house an inmate who poses an ongoing significant and
serious threat to the safety of other inmates, staff, or the
public that cannot be addressed through alternative housing;
and
``(B) issue final approval of referral of any inmate who
poses an ongoing significant and serious threat for placement
in an Administrative Maximum facility, including the United
States Penitentiary Administrative Maximum in Florence,
Colorado.
``(8) Right to review placement in solitary confinement.--
The Director shall ensure that each inmate placed in solitary
confinement has access to--
``(A) written notice thoroughly detailing the basis for
placement or continued placement in solitary confinement not
later than 6 hours after the beginning of such placement,
including--
``(i) thorough documentation explaining why such
confinement is permissible and necessary under paragraph (1);
and
``(ii) if an exception under paragraph (2)(A), (3)(D),
(4)(A), (4)(B), (5)(A), or (5)(B) is used to justify
placement in solitary confinement or
[[Page S1740]]
under paragraph (1) to justify increased restrictive
conditions in solitary confinement, thorough documentation
explaining why such an exception applied;
``(B) a timely, thorough, and continuous review process
that--
``(i) occurs within not less than 3 days of placement in
solitary confinement, and thereafter at least--
``(I) on a weekly basis for inmates in special housing
units;
``(II) on a monthly basis for inmates in special management
units; and
``(III) on a monthly basis for inmates at an administrative
maximum facility;
``(ii) includes private, face-to-face interviews with a
multidisciplinary staff committee; and
``(iii) examines whether--
``(I) placement in solitary confinement was and remains
necessary;
``(II) the conditions of confinement comply with this
section; and
``(III) whether any exception under paragraph (2)(A),
(3)(D), (4)(A), (4)(B), (5)(A), or (5)(B) used to justify
placement in solitary confinement or under paragraph (1) used
to justify increased restrictive conditions in solitary
confinement was and remains warranted;
``(C) a process to appeal the initial placement or
continued placement of the inmate in solitary confinement;
``(D) prompt and timely written notice of the appeal
procedures; and
``(E) copies of all documents, files, and records relating
to the inmate's placement in solitary confinement, unless
such documents contain contraband, classified information, or
sensitive security-related information.
``(c) Mental Health Care for Inmates in Solitary
Confinement.--
``(1) Mental health screening.--Not later than 6 hours
after an inmate in the custody of the Bureau of Prisons or
any facility that contracts with the Bureau of Prisons to
provide housing for inmates in Federal custody is placed in
solitary confinement, the inmate shall receive a
comprehensive, face-to-face mental health evaluation by a
licensed mental health professional in a confidential
setting.
``(2) Mental health treatment program.--An inmate diagnosed
with a serious mental illness after an evaluation required
under paragraph (1)--
``(A) shall not be placed in solitary confinement in
accordance with subsection (b)(4); and
``(B) may be diverted to a mental health treatment program
within the Bureau of Prisons that provides an appropriate
level of care to address the inmate's mental health needs.
``(3) Continuing evaluations.--After each 14-calendar-day
period an inmate is held in continuous placement in solitary
confinement--
``(A) a licensed mental health professional shall conduct a
comprehensive, face-to-face, out-of-cell mental health
evaluation of the inmate in a confidential setting; and
``(B) the Director shall adjust the placement of the inmate
in accordance with this subsection.
``(4) Requirement.--The Director shall operate mental
health treatment programs in order to ensure that inmates of
all security levels with serious mental illness have access
to an appropriate level of care.
``(d) Training for Bureau of Prisons Staff.--
``(1) Training.--All employees of the Bureau of Prisons or
any facility that contracts with the Bureau of Prisons to
provide housing for inmates in Federal custody who interact
with inmates on a regular basis shall be required to complete
training in--
``(A) the recognition of symptoms of mental illness;
``(B) the potential risks and side effects of psychiatric
medications;
``(C) de-escalation techniques for safely managing
individuals with mental illness;
``(D) consequences of untreated mental illness;
``(E) the long- and short-term psychological effects of
solitary confinement; and
``(F) de-escalation and communication techniques to divert
inmates from situations that may lead to the inmate being
placed in solitary confinement.
``(2) Notification to medical staff.--An employee of the
Bureau of Prisons shall immediately notify a member of the
medical or mental health staff if the employee--
``(A) observes an inmate with signs of mental illness,
unless such employee has knowledge that the inmate's signs of
mental illness have previously been reported; or
``(B) observes an inmate with signs of mental health
crisis.
``(e) Civil Rights Ombudsman.--
``(1) In general.--Within the Bureau of Prisons, there
shall be a position of the Civil Rights Ombudsman (referred
to in this subsection as the `Ombudsman') and an Office of
the Civil Rights Ombudsman.
``(2) Appointment.--The Ombudsman shall be appointed by the
Attorney General and shall report directly to the Director.
The Ombudsman shall have a background in corrections and
civil rights and shall have expertise on the effects of
prolonged solitary confinement.
``(3) Reporting.--The Director shall ensure that each
Bureau of Prisons facility or any facility that contracts
with the Bureau of Prisons provides multiple internal ways
for inmates and others to promptly report civil rights
violations and violations of this section to the Ombudsman,
including--
``(A) not less than 2 procedures for inmates and others to
report civil rights violations and violations of this section
to an entity or office that is not part of the facility, and
that is able to receive and immediately forward inmate
reports to the Ombudsman, allowing the inmate to remain
anonymous upon request; and
``(B) not less than 2 procedures for inmates and others to
report civil rights abuses and violations of this section to
the Ombudsman in a confidential manner, allowing the inmate
to remain anonymous upon request.
``(4) Notice.--The Director shall ensure that each Bureau
of Prisons facility or any facility that contracts with the
Bureau of Prisons provides inmates with--
``(A) notice of how to report civil rights violations and
violations of this section in accordance with paragraph (3),
including--
``(i) notice prominently posted in the living and common
areas of each such facility;
``(ii) individual notice to inmates at initial intake into
the Bureau of Prisons, when transferred to a new facility,
and when placed in solitary confinement;
``(iii) notice to inmates with disabilities in accessible
formats; and
``(iv) written or verbal notice in a language the inmate
understands; and
``(B) notice of permissible practices related to solitary
confinement in the Bureau of Prisons, including the
requirements of this section.
``(5) Functions.--The Ombudsman shall--
``(A) review all complaints the Ombudsman receives;
``(B) investigate all complaints that allege a civil rights
violation or violation of this section;
``(C) refer all possible violations of law to the
Department of Justice;
``(D) refer to the Director allegations of misconduct
involving Bureau of Prisons staff;
``(E) identify areas in which the Bureau of Prisons can
improve the Bureau's policies and practices to ensure that
the civil rights of inmates are protected;
``(F) identify areas in which the Bureau of Prisons can
improve the solitary confinement policies and practices of
the Bureau and reduce the use of solitary confinement; and
``(G) propose changes to the policies and practices of the
Bureau of Prisons to mitigate problems and address issues the
Ombudsman identifies.
``(6) Access.--The Ombudsman shall have unrestricted access
to Bureau of Prisons facilities and any facility that
contracts with the Bureau of Prisons and shall be able to
speak privately with inmates and staff.
``(7) Annual reports.--
``(A) Objectives.--Not later than December 31 of each year,
the Ombudsman shall submit to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the activities of the Office
of the Ombudsman for the fiscal year ending in such calendar
year.
``(B) Contents.--Each report submitted under subparagraph
(A)--
``(i) contain full and substantive analysis, in addition to
statistical information;
``(ii) identify the recommendations the Office of the
Ombudsman has made on addressing reported civil rights
violations and violations of this section and reducing the
use and improving the practices of solitary confinement in
the Bureau of Prisons;
``(iii) contain a summary of problems relating to reported
civil rights violations and violations of this section,
including a detailed description of the nature of such
problems and a breakdown of where the problems occur among
Bureau of Prisons facilities and facilities that contract
with the Bureau of Prisons;
``(iv) contain an inventory of the items described in
clauses (ii) and (iii) for which action has been taken and
the result of such action;
``(v) contain an inventory of the items described in
clauses (ii) and (iii) for which action remains to be
completed and the period during which each item has remained
on such inventory;
``(vi) contain an inventory of the items described in
clauses (ii) and (iii) for which no action has been taken,
the period during which each item has remained on such
inventory, the reasons for the inaction, and shall identify
any official of the Bureau of Prisons who is responsible for
such inaction;
``(vii) contain recommendations for such legislative or
administrative action as may be appropriate to resolve
problems identified in clause (iii); and
``(viii) include such other information as the Ombudsman
determines necessary.
``(C) Submission of reports.--Each report required under
this paragraph shall be provided directly to the Committees
described in subparagraph (A) without any prior review,
comment, or amendment from the Director or any other officer
or employee of the Department of Justice or Bureau of
Prisons.
``(8) Regular meetings with the director of the bureau of
prisons.--The Ombudsman shall meet regularly with the
Director to identify problems with reported civil rights
violations and the solitary confinement policies and
practices of the Bureau of Prisons, including overuse of
solitary confinement, and to present recommendations for such
administrative action as may be appropriate to resolve
problems relating to reported civil
[[Page S1741]]
rights violations and the solitary confinement policies and
practices of the Bureau of Prisons.
``(9) Responsibilities of bureau of prisons.--The Director
shall establish procedures requiring that, not later than 3
months after the date on which a recommendation is submitted
to the Director by the Ombudsman, the Director or other
appropriate employee of the Bureau of Prisons issue a formal
response to the recommendation.
``(10) Non-application of the prison litigation reform
act.--Inmate reports sent to the Ombudsman shall not be
considered an administrative remedy under section 7(a) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997e(a)).''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 303 of title 18, United States Code, is
amended by inserting after the item relating to section 4049
the following:
``4051. Solitary confinement.''.
SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH.
Not later than 180 days after the date of enactment of this
Act, the Director of the Bureau of Prisons shall--
(1) assemble a team of licensed mental health
professionals, which may include licensed mental health
professionals who are not employed by the Bureau of Prisons,
to conduct a comprehensive mental health reevaluation for
each inmate held in solitary confinement for more than 30
days as of the date of enactment of this Act, including a
confidential, face-to-face, out-of-cell interview by a
licensed mental health professional; and
(2) adjust the placement of each inmate in accordance with
section 4051(c) of title 18, United States Code, as added by
section 2.
SEC. 4. DIRECTOR OF BUREAU OF PRISONS.
Section 4041 of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the ``The
Bureau of Prisons shall be''; and
(2) by adding at the end the following:
``(b) Ombudsman.--The Director of the Bureau of Prisons
shall--
``(1) meet regularly with the Ombudsman appointed under
section 4051(e) to identify how the Bureau of Prisons can
address reported civil rights violations and reduce the use
of solitary confinement and correct problems in the solitary
confinement policies and practices of the Bureau;
``(2) conduct a prompt and thorough investigation of each
referral from the Ombudsman under section 4051(e)(5)(D),
after each such investigation take appropriate disciplinary
action against any Bureau of Prisons employee who is found to
have engaged in misconduct or to have violated Bureau of
Prisons policy, and notify the Ombudsman of the outcome of
each such investigation; and
``(3) establish procedures requiring a formal response by
the Bureau of Prisons to any recommendation of the Ombudsman
in the annual report submitted under section 4051(e)(6) not
later than 90 days after the date on which the report is
submitted to Congress.''.
SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINEMENT.
Section 4047 of title 18, United States Code, is amended by
adding at the end the following:
``(d) Prison Solitary Confinement Assessments.--
``(1) In general.--Not later than March 31 of each year,
the Director of the Bureau of Prisons shall prepare and
transmit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives an annual assessment of the use of solitary
confinement by the Bureau of Prisons, as defined in section
4051(a).
``(2) Contents.--Each assessment submitted under paragraph
(1) shall include--
``(A) the policies and regulations of the Bureau of
Prisons, including any changes in policies and regulations,
for determining which inmates are placed in each form of
solitary confinement, or housing in which an inmate is
separated from the general population in use during the
reporting period, and a detailed description of each form of
solitary confinement in use, including all maximum and high
security facilities, all special housing units, all special
management units, all Administrative Maximum facilities,
including the United States Penitentiary Administrative
Maximum in Florence, Colorado, and all Communication
Management Units;
``(B) the number of inmates in the custody of the Bureau of
Prisons who are housed in each type of solitary confinement
for any period and the percentage of all inmates who have
spent at least some time in each form of solitary confinement
during the reporting period;
``(C) the demographics of all inmates housed in each type
of solitary confinement described in subparagraph (A),
including race, ethnicity, religion, age, and gender;
``(D) the policies and regulations of the Bureau of
Prisons, including any updates in policies and regulations,
for subsequent reviews or appeals of the placement of an
inmate into or out of solitary confinement;
``(E) the number of reviews of and challenges to each type
of solitary confinement placement described in subparagraph
(A) conducted during the reporting period and the number of
reviews or appeals that directly resulted in a change of
placement;
``(F) the general conditions and restrictions for each type
of solitary confinement described in subparagraph (A),
including the number of hours spent in `isolation,' or
restraint, for each, and the percentage of time these
conditions involve single-inmate housing;
``(G) the mean and median length of stay in each form of
solitary confinement described in subparagraph (A), based on
all individuals released from solitary confinement during the
reporting period, including maximum and high security
facilities, special housing units, special management units,
the Administrative Maximum facilities, including the United
States Penitentiary Administrative Maximum in Florence,
Colorado, Communication Management Units, and any maximum
length of stay during the reporting period;
``(H) the number of inmates who, after a stay of 5 or more
days in solitary confinement, were released directly from
solitary confinement to the public during the reporting
period;
``(I) the cost for each form of solitary confinement
described in subparagraph (A) in use during the reporting
period, including as compared with the average daily cost of
housing an inmate in the general population;
``(J) statistics for inmate assaults on correctional
officers and staff of the Bureau of Prisons, inmate-on-inmate
assaults, and staff-on-inmate use of force incidents in the
various forms of solitary confinement described in
subparagraph (A) and statistics for such assaults in the
general population;
``(K) the policies for mental health screening, mental
health treatment, and subsequent mental health reviews for
all inmates, including any update to the policies, and any
additional screening, treatment, and monitoring for inmates
in solitary confinement;
``(L) a statement of the types of mental health staff that
conducted mental health assessments for the Bureau of Prisons
during the reporting period, a description of the different
positions in the mental health staff of the Bureau of
Prisons, and the number of part- and full-time psychologists
and psychiatrists employed by the Bureau of Prisons during
the reporting period;
``(M) data on mental health and medical indicators for all
inmates in solitary confinement, including--
``(i) the number of inmates requiring medication for mental
health conditions;
``(ii) the number diagnosed with an intellectual
disability;
``(iii) the number diagnosed with serious mental illness;
``(iv) the number of suicides;
``(v) the number of attempted suicides and number of
inmates placed on suicide watch;
``(vi) the number of instances of self-harm committed by
inmates;
``(vii) the number of inmates with physical disabilities,
including blind, deaf, and mobility-impaired inmates; and
``(viii) the number of instances of forced feeding of
inmates; and
``(N) any other relevant data.''.
SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CONFINEMENT
REDUCTION AND REFORM.
(a) Definition of Eligible Entity.--In this section, the
term ``eligible entity'' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of--
(1) solitary confinement, including the reduction and
reform of its use; and
(2) providing technical assistance to corrections agencies
on how to reduce and reform solitary confinement.
(b) Requirements.--Not later than 180 days after the date
of enactment of this Act, the Bureau of Justice Assistance
shall enter into a cooperative agreement, on a competitive
basis, with an eligible entity for the purpose of
establishing a coordinating center for State, local, and
Federal corrections systems, which shall conduct activities
such as--
(1) provide on-site technical assistance and consultation
to Federal, State, and local corrections agencies to safely
reduce the use of solitary confinement;
(2) act as a clearinghouse for research, data, and
information on the safe reduction of solitary confinement in
prisons and other custodial settings, including facilitating
the exchange of information between Federal, State, and local
practitioners, national experts, and researchers;
(3) create a minimum of 10 learning sites in Federal,
State, and local jurisdictions that have already reduced
their use of solitary confinement and work with other
Federal, State, and local agencies to participate in
training, consultation, and other forms of assistance and
partnership with these learning sites;
(4) conduct evaluations of jurisdictions that have
decreased their use of solitary confinement to determine best
practices;
(5) conduct research on the effectiveness of alternatives
to solitary confinement, such as step-down or transitional
programs, strategies to reintegrate inmates into general
population, the role of officers and staff culture in reform
efforts, and other research relevant to the safe reduction of
solitary confinement;
(6) develop and disseminate a toolkit for systems to reduce
the excessive use of solitary confinement;
(7) develop and disseminate an online self-assessment tool
for State and local jurisdictions to assess their own use of
solitary confinement and identify strategies to reduce its
use; and
(8) conduct public webinars to highlight new and promising
practices.
[[Page S1742]]
(c) Administration.--The program under this section shall
be administered by the Bureau of Justice Assistance.
(d) Report.--On an annual basis, the coordinating center
shall report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on its activities and any changes in solitary
confinement policy at the Federal, State, or local level that
have resulted from its activities.
(e) Duration.--The Bureau of Justice Assistance shall enter
into a cooperative agreement under this section for 5 years.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) to the Director of the Bureau of Prisons such sums as
may be necessary to carry out sections 2, 3, 4, and 5, and
the amendments made by such sections; and
(2) to the Bureau of Justice Assistance such sums as may be
necessary to carry out section 6.
SEC. 8. NOTICE AND COMMENT REQUIREMENT.
The Director of the Bureau of Prisons shall prescribe
rules, in accordance with section 553 of title 5, United
States Code, to carry out this Act and the amendments made by
this Act.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments
made by this Act shall take effect 18 months after the date
of enactment of this Act.
______
By Mr. KAINE (for himself and Mr. Warner):
S. 725. A bill to change the address of the postal facility
designated in honor of Captain Humayun Khan; considered and passed.
S. 725
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CAPTAIN HUMAYUN KHAN POST OFFICE.
Section 1(a) of Public Law 115-347 (132 Stat. 5054) is
amended by striking ``180 McCormick Road'' and inserting
``2150 Wise Street''.
______
By Mrs. FEINSTEIN (for herself and Ms. Collins):
S. 726. A bill to amend the Federal Food, Drug, and Cosmetic Act to
ensure the safety of cosmetics; to the Committee on Health, Education,
Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I am introducing bipartisan
legislation with Senator Collins today to improve safety standards on
products that affect every single American household. Most people
assume that the personal care products they use every day, whether it
is shampoo or shaving cream, lotion or make-up, hair dye or deodorant,
have up-to-date Federal oversight.
In reality, however, the Food and Drug Administration's authority to
do so is sorely outdated. In fact, even though research continues to
better inform us on the safety of ingredients used in products that we
absorb through our bodies, skin and even our nails, regulation of these
ingredients have not kept up and little has changed over the past eight
decades on how we conduct oversight of these products. It is time to
modernize our safety oversight and correct this problem.
Over the last several years, Senator Collins and I have worked with a
wide group of stakeholders that represent both industry and consumer
groups. Together, we have drafted the Personal Care Products Safety Act
with the support of many companies, health experts, and consumer
organizations to put commonsense measures in place.
One of the most critical components of this legislation is a process
for the FDA to review the safety of ingredients in personal care
products. The FDA may limit the quantity of an ingredient, require
specific screening protocol to ensure dangerous contaminants aren't
present, or require warning labels when needed to alert consumers. If
an ingredient is simply unsafe for use under any conditions, the FDA
can require that it be banned from use in all personal care products.
Just this week, the FDA announced finding asbestos in several
different types of make-up marketed to children and teens at the
popular store, Claire's. This is a serious concern that highlights the
need for Congress to move quickly to give FDA the tools they need.
Under our bill, the FDA could implement new screening protocols for
contaminants like asbestos. Companies would be required to register, so
it would be easier to know where products were coming from. FDA would
have mandatory recall authority for personal care products like they do
for food, and companies would finally be required to report adverse
health events.
The Personal Care Products Safety Act is the result of many diverse
groups working together with the common goal of modernizing the Federal
oversight system to ensure the safest products possible are on the
market. These stakeholders include small and large companies, doctors,
consumer advocates, patient advocates, scientists, and the Food and
Drug Administration.
This legislation recognizes the needs of businesses of all sizes to
support their growth while not sacrificing high safety standards that
will keep consumers safe and raise the bar for industry standards. Many
companies are taking voluntary steps to do the right thing, but it is
time for this to be a uniform requirement.
Another shocking example of concern is the ongoing use of
formaldehyde, also called methylene glycol when in liquid form. It is
used in the popular hair straightening treatment called a Brazilian
blowout. During this beauty treatment, formaldehyde is released into
the air and can cause shortness of breath, headaches, and dizziness in
the short-term. Exposure to formaldehyde long-term has even been linked
to cancer.
I am also greatly concerned about safety of salon professionals, who
are exposed daily to a variety of chemicals. In addition to reviewing
the safety of chemicals they may be exposed to, this legislation
ensures that the salon products they use are properly labeled with
ingredients and warnings.
This bill will require the Food and Drug Administration to evaluate
at least five ingredients per year for safety and use in personal care
products. In addition to reviewing the latest scientific and medical
studies, the agency will consider how prevalent the ingredient is, the
likelihood to exposure, adverse event reports, and information from
public comments.
Public input will be critical to the review process. There will be
opportunities for companies, scientists, consumer groups, medical
professionals, and members of the public to weigh in on not only the
safety of particular ingredients but also which ingredients should be a
priority for review.
After review, the Food and Drug Administration may deem an ingredient
safe, unsafe, or safe under certain uses or under certain conditions.
The agency will also have the authority to require warning labels as
needed for certain ingredients and limit the amount of an ingredient
that may be used in personal care products. For example, some
ingredients may only be safe for use by adults or when used by
professionals in a salon or spa setting.
The Personal Care Products Safety Act will also require companies to
provide the Food and Drug Administration with a list of their products'
ingredients and attest to their safety.
The bill recognizes the unique nature of the American handmade
cosmetic industry and meets their needs to encourage growth and
innovation. This legislation provides flexibility for small businesses,
particularly those making low-risk products. And this bill would not
increase taxpayer obligations because it is paid for by user fees from
the cosmetic industry.
I am pleased to have the support of a broad coalition, including
Environmental Working Group, Endocrine Society, National Alliance for
Hispanic Health, National Women's Health Network, American Autoimmune
Related Diseases Association, March of Dimes, Handmade Cosmetic
Alliance, and the following companies that together represent over 90
brands of products: The Estee Lauder Companies, Procter and Gamble,
Revlon, Unilever, L'Oreal, Johnson and Johnson, Beautycounter, Makes 3
Organics, SkinOwl, Silk Therapeutics, and S.W. Basics.
I want to thank Senator Collins for her support and hard work on this
important legislation. I urge my colleagues to join us in supporting
this much needed legislation to modernize our outdated regulatory
system for personal care products, and I hope the Senate will pass this
long overdue legislation this year.
______
By Mr. SCHUMER (for himself, Mr. Carper, Mr. Reed, Mr. Van
Hollen, Mr. Whitehouse, Mr. Markey, Mr. Schatz, Ms. Smith, Mr.
Blumenthal, Mrs. Shaheen, Mr. Booker, Ms. Stabenow, Ms.
Klobuchar, Ms.
[[Page S1743]]
Hassan, Mr. Merkley, and Mrs. Feinstein):
S. 729. A bill to prohibit the use of funds to Federal agencies to
establish a panel, task force, advisory committee, or other effort to
challenge the scientific consensus on climate change, and for other
purposes; read the first time.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 729
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PROHIBITION ON USE OF FUNDS TO CHALLENGE
SCIENTIFIC CONSENSUS ON CLIMATE CHANGE.
No amounts appropriated or otherwise made available to a
Federal agency (as defined in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903) and including the Executive
Office of the President) may be used to establish or operate
a panel, task force, other advisory committee, or other
effort intended to challenge the scientific consensus on
climate change, as presented in the assessment required under
section 106 of the Global Change Research Act of 1990 (15
U.S.C. 2936).
____________________