[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5546-S5554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. THUNE (for himself and Mr. Lujan):
S. 5023. A bill to improve disaster assistance programs of the
Department of Agriculture, and for other purposes; to the Committee on
Agriculture, Nutrition, and Forestry.
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:
s. 5023
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 ``Agriculture Disaster
Assistance Improvement Act of 2022''.
SEC. 2. EMERGENCY CONSERVATION PROGRAM.
Title IV of the Agricultural Credit Act of 1978 is amended
by inserting after section 402B (16 U.S.C. 2202b) the
following:
``SEC. 402C. ADDITIONAL REQUIREMENTS FOR THE EMERGENCY
CONSERVATION PROGRAM.
``(a) Eligibility of Federal, State, and Local Land
Users.--
``(1) In general.--An agricultural producer eligible to
receive payments under sections 401 and 402 includes a person
that--
``(A) holds a permit from the Federal Government to conduct
agricultural production or grazing on Federal land; or
``(B) leases land from a State or unit of local government
to conduct agricultural production or grazing on that land.
``(2) Effect.--Nothing in this subsection authorizes the
Secretary to make a payment under section 401 or 402 to a
State or unit of local government.
``(b) Permanent Improvements.--Emergency measures eligible
for payments under sections 401 and 402 include--
``(1) new permanent measures, including permanent water
wells and pipelines; and
``(2) replacement or restoration of existing emergency
measures with permanent measures, including permanent water
wells and pipelines.
``(c) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived
with respect to an application to carry out emergency
measures under section 401 or 402 on land administered by the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this subsection as
the `Secretary of the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under section 401
or 402 on land administered by the Secretary of the Interior,
the Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by the
Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, for purposes of an archeological review
required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
conducted by the Secretary, acting through the Chief of the
Natural Resources Conservation Service, for purposes of such
an environmental review required to be conducted; and
``(C) a review under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) conducted by the Secretary, acting
through the Chief of the Natural Resources Conservation
Service, for purposes of such a review required to be
conducted.''.
[[Page S5547]]
SEC. 3. EMERGENCY FOREST RESTORATION PROGRAM.
Section 407 of the Agricultural Credit Act of 1978 (16
U.S.C. 2206) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (3) through (5), respectively;
(B) by inserting before paragraph (3) (as so redesignated)
the following:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) with respect to nonindustrial private forest land, an
owner of the nonindustrial private forest land;
``(B) with respect to Federal land, a person that holds a
permit from the Federal Government to conduct agricultural
production or grazing on the Federal land; and
``(C) with respect to land owned by a State or a unit of
local government, a person that leases land from the State or
unit of local government to conduct agricultural production
or grazing on that land.
``(2) Eligible land.--The term `eligible land' means--
``(A) nonindustrial private forest land;
``(B) Federal land; and
``(C) land owned by a State or unit of local government.'';
and
(C) in paragraph (3) (as so redesignated)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``nonindustrial private forest land'' and inserting
``eligible land''; and
(II) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and indenting appropriately;
(ii) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(iii) in the matter preceding clause (i) (as so
redesignated), by striking ``The term'' and inserting the
following:
``(A) In general.--The term''; and
(iv) by adding at the end the following:
``(B) Inclusions.--The term `emergency measures' includes--
``(i) new permanent measures described in subparagraph (A),
including permanent water wells and pipelines; and
``(ii) replacement or restoration of existing emergency
measures with permanent measures described in subparagraph
(A), including permanent water wells and pipelines.'';
(2) in subsection (b)--
(A) by striking ``an owner of nonindustrial private forest
land who'' and inserting ``an eligible entity that''; and
(B) by striking ``restore the land'' and inserting
``restore eligible land'';
(3) in subsection (c)--
(A) by striking ``owner must'' and inserting ``eligible
entity shall''; and
(B) by striking ``nonindustrial private forest land'' and
inserting ``eligible land'';
(4) in subsection (d), by striking ``an owner of
nonindustrial private forest land'' and inserting ``an
eligible entity'';
(5) by redesignating subsection (e) as subsection (g); and
(6) by inserting after subsection (d) the following:
``(e) Streamlining Application Process.--
``(1) Waiver of public comment.--During a drought
emergency, as determined by the Secretary, the 30-day public
comment period required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be waived
with respect to an application to carry out emergency
measures under this section on land administered by the
Secretary of the Interior, acting through the Director of the
Bureau of Land Management (referred to in this subsection as
the `Secretary of the Interior').
``(2) Acceptance of nrcs reviews.--With respect to an
application to carry out emergency measures under this
section on land administered by the Secretary of the
Interior, the Secretary of the Interior may accept--
``(A) during a drought emergency, as determined by the
Secretary, an archeological review conducted by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, for purposes of an archeological review
required to be conducted;
``(B) an environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
conducted by the Secretary, acting through the Chief of the
Natural Resources Conservation Service, for purposes of such
an environmental review required to be conducted; and
``(C) a review under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) conducted by the Secretary, acting
through the Chief of the Natural Resources Conservation
Service, for purposes of such a review required to be
conducted.
``(f) Effect.--Nothing in this section authorizes the
Secretary to make a payment under this section to a State or
unit of local government.''.
SEC. 4. LIVESTOCK FORAGE DISASTER PROGRAM.
Section 1501(c)(3)(D)(ii)(I) of the Agricultural Act of
2014 (7 U.S.C. 9081(c)(3)(D)(ii)(I)) is amended--
(1) by striking ``at least 8 consecutive'' and inserting
the following: ``not less than--
``(aa) 4 consecutive weeks during the normal grazing period
for the county, as determined by the Secretary, shall be
eligible to receive assistance under this paragraph in an
amount equal to 1 monthly payment using the monthly payment
rate determined under subparagraph (B); or
``(bb) 8 consecutive''; and
(2) in item (bb) (as so designated), by striking ``1
monthly payment'' and inserting ``2 monthly payments''.
SEC. 5. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND
FARM-RAISED FISH.
(a) In General.--Section 1501(d) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)) is amended--
(1) in paragraph (1), by inserting ``drought,'' after
``adverse weather,'';
(2) in paragraph (2), by inserting ``adverse weather or
drought (such as added transportation costs, feed costs, and
reduced honey crops for eligible producers of honey bees),''
after ``disease,'';
(3) in paragraph (4)--
(A) by striking ``In the case'' and inserting the
following:
``(A) In general.--In the case''; and
(B) by adding at the end the following:
``(B) Requirements.--The payment rate under subparagraph
(A) shall--
``(i) in the case of eligible producers of honey bees,
incorporate per-hive and per-colony rates of loss; and
``(ii) incorporate a standardized expected mortality rate
of 15 percent.''; and
(4) by adding at the end the following:
``(5) Documentation.--
``(A) In general.--Any requirements for the submission of
documentation by an eligible producer to receive a payment
under this subsection shall be consistent nationwide.
``(B) Producers of honey bees.--The Secretary, in
consultation with eligible producers of honey bees, shall
establish a standard, for purposes of this subsection, for--
``(i) collecting data; and
``(ii) setting an annual rate for replacing colonies and
hives of honey bees.''.
(b) Applicability to Producers of Honey Bees.--The
Secretary of Agriculture shall apply the amendments made by
subsection (a) to producers of honey bees such that there is
no limit on the size of a beekeeping operation with respect
to those amendments.
SEC. 6. DROUGHT MONITOR INTERAGENCY WORKING GROUP.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
establish an interagency working group (referred to in this
section as the ``working group'') to improve the availability
of consistent, accurate, and reliable data for use in
producing the United States Drought Monitor in accordance
with section 12512 of the Agriculture Improvement Act of 2018
(7 U.S.C. 5856).
(b) Membership.--The working group shall consist of not
fewer than--
(1) 3 representatives from the Department of Agriculture,
including 1 representative from each of--
(A) the Office of the Chief Economist, who shall serve as
the Chair of the working group;
(B) the Forest Service; and
(C) the Farm Service Agency;
(2) 4 representatives from the National Oceanic and
Atmospheric Administration, including 1 representative from
each of--
(A) the Climate Prediction Center;
(B) the National Centers for Environmental Information;
(C) the National Integrated Drought Information System; and
(D) the National Mesonet Program;
(3) 1 representative from the National Drought Mitigation
Center;
(4) 1 representative from the Department of the Interior;
and
(5) 3 representatives from mesonet programs in States--
(A) that have experienced severe drought, as determined by
the United States Drought Monitor, in not less than 5
calendar years during the period of calendar years 2012
through 2021; and
(B) more than 50 percent of the land area of which is
designated by the Economic Research Service as a Level 1
frontier and remote area.
(c) Duties.--The working group shall--
(1) develop a means for the inclusion of additional in-situ
data into the process of developing the United States Drought
Monitor, including--
(A) determining minimum requirements for data to be
included in the United States Drought Monitor;
(B) identifying data available from other government
agencies, including through portals managed by the National
Oceanic and Atmospheric Administration; and
(C) identifying gaps in coverage and determining solutions
to address those gaps;
(2) identify and address potential barriers to the use of
existing data, including--
(A) identifying Federal datasets that would be of immediate
use in developing the United States Drought Monitor where
access is restricted to some or all authors of the United
States Drought Monitor; and
(B) developing proposed accommodations, modifications to
contractual agreements, or updates to interagency memoranda
of understanding to allow for incorporation of datasets
identified under subparagraph (A);
(3) develop an open and transparent methodology for vetting
data products developed using remote sensing or modeling;
(4) if determined appropriate by the working group, develop
a methodology for inclusion of data that may otherwise be
excluded from the United States Drought Monitor due to
shorter periods of record; and
(5) identify and address any other issues relating to data
availability and quality, as determined appropriate by the
Chair of the working group.
(d) Report.--
[[Page S5548]]
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the working group shall submit to the
Secretary of Agriculture, the Secretary of Commerce, the
Secretary of the Interior, and the relevant committees of
Congress a report containing recommendations for changes in
policies, regulations, guidance documents, or existing law to
meet the objectives described in subsection (c).
(2) Definition of relevant committees of congress.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Agriculture of the House of
Representatives; and
(D) the Committee on Science, Space, and Technology of the
House of Representatives.
(e) Action by the Secretary.--Not later than 180 days after
the date of submission of the report under subsection (d),
the Secretary of Agriculture, in coordination with the
Secretary of Commerce and the Secretary of the Interior,
shall incorporate, to the extent practicable, the
recommendations of the working group to improve the United
States Drought Monitor in accordance with section 12512 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 5856).
(f) Termination.--The working group shall terminate on the
date that is 90 days after the date on which the report is
submitted under subsection (d).
SEC. 7. ALIGNMENT OF FARM SERVICE AGENCY AND FOREST SERVICE
DROUGHT RESPONSE.
(a) In General.--Not later than 60 days after the date of
submission of the report under section 6(d), the
Administrator of the Farm Service Agency and the Chief of the
Forest Service shall enter into a memorandum of understanding
to better align drought response activities of the Farm
Service Agency and the Forest Service (referred to in this
section as the ``agencies'').
(b) Contents.--The memorandum of understanding entered into
under subsection (a) shall include--
(1) a commitment to better align practices of the agencies
with respect to determining the severity of regional drought
conditions;
(2) a strategy for amending those determinations to ensure
consistent policy with respect to drought response in cases
where the agencies are making inconsistent determinations
within the same spatial scale;
(3) an agreement to utilize, to the extent practicable, the
United States Drought Monitor in making those determinations;
and
(4) an agreement to provide consistent information to
grazing permittees, operators, and other stakeholders
affected by determinations relating to drought.
______
By Mr. DURBIN (for himself, Mr. Coons, Mr. Booker, Mr. Leahy, Mr.
Schatz, Mr. Murphy, and Ms. Warren):
S. 5038. 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, last month, Attorney General Garland made
one of his most important decisions yet as head of the Justice
Department: He appointed a new Director to the Federal Bureau of
Prisons.
Now, why is that a big deal? Because for years, the Bureau of
Prisons--which is charged with care of more than 140,000 adults in
custody--has been plagued by corruption, chronic mismanagement, and
misconduct reaching all the way to the top of the Agency. Under the
former Director--Michael Carvajal--the Bureau of Prisons turned a blind
eye to numerous allegations of sexual abuse, criminal conduct, and even
torture and murder. Time and again, former Director Carvajal refused to
hold his own employees accountable, and he repeatedly failed to
implement much-needed reforms to our Federal prison system. These
failures not only jeopardized the lives of adults being held in Federal
custody--but also the lives of the nearly 35,000 Americans who work in
BOP facilities every day.
Fortunately, as of last month, the Bureau finally has a chance at a
fresh start. Earlier today, the Judiciary Committee welcomed the
Bureau's newly appointed Director, Colette Peters, who testified about
her vision for America's Federal prison system. And based on her
testimony, I am hopeful that her leadership will mark a critical
turning point for the Bureau of Prisons. Director Peters shares my
belief that the top priority for the Bureau can be summed up in one
word: reform.
She is a reform-minded leader who is committed to clearing out the
bureaucratic rot that has festered for far too long. And unlike her
predecessor, Director Peters has not spent her career climbing the
rungs within the Bureau's bureaucracy. She has been putting in the work
of building a better justice system in her home State of Oregon.
Over the past decade, Director Peters served as the head of Oregon's
Department of Corrections. In this role, she pioneered a new model for
the State's correctional system--one that, I hope, she will bring to
the Bureau of Prisons--she calls it ``The Oregon Way.'' The Oregon Way
is centered around ``prioritizing employee health and well-being by
normalizing the correctional environment and, in turn, improving the
outcomes for incarcerated people.''
Director Peters was inspired to develop this model after she traveled
to Norway, where she visited six of the country's prisons. She saw for
herself how a rehabilitation-focused prison system can help prepare
incarcerated people for successful reentry into society--and ultimately
reduce recidivism rates.
And as director of Oregon's Department of Corrections, she
implemented some promising reforms to the State's prisons, like
dismantling death row and rearranging housing areas to prevent
correctional officers from spending long shifts alone.
Director Peters' vision for a rehabilitative, humane correctional
system is exactly what the Bureau of Prisons needs at this moment. But
let's also be clear: The grave, systemic problems within the Agency
won't end with the appointment of a new Director.
This challenge is far too complex for any one person to solve--no
matter how noble their intentions may be. And as chair of the Senate
Judiciary Committee, I give the American people my word: We will be
watching the Bureau like a hawk. Our oversight role has never been more
important.
That is why yesterday--in anticipation of her appearance before the
Judiciary Committee--Representative David Trone and I led a number of
our colleagues in sending Director Peters a letter.
In it, we urged her to take immediate action in reducing the use of
restrictive housing, also known as solitary confinement. It should be
one of the first steps she takes as Director. Appallingly, the Bureau
of Prisons has made a habit of throwing prisoners into solitary
confinement, an almost medieval practice that should be, in the words
of the Justice Department, ``used rarely, applied fairly, and subjected
to reasonable constraints.''
But former Director Carvajal repeatedly ignored that recommendation,
and right now, on any given day, more than 10,000 people within BOP--
nearly 8 percent of the entire Federal prison population--are being
held in some form of solitary confinement. That is inhumane--and
unconscionable.
Ten years ago, I chaired the first-ever congressional hearing on
solitary confinement. One of the witnesses was an exonerated formerly
incarcerated person named Anthony Graves. He was wrongfully convicted
for a murder he did not commit. During his time in prison, Mr. Graves--
an innocent man--spent 16 years in solitary confinement. Imagine that:
being held in isolation, in a cage the fraction of the size of this
Senate floor, for 16 years.
Mr. Graves told the members of the committee, ``Solitary confinement
does one thing, it breaks a man's will to live. . . . I have been free
for almost two years and I still cry at night, because no one out here
can relate to what I have gone through.'' ``I battle with feelings of
loneliness. I've tried therapy but it didn't work.''
I know that Director Peters understands that solitary confinement can
cause severe mental anguish for adults in custody. As director of the
Oregon Department of Corrections, she made important progress in
reducing the use of restrictive housing in facilities across the State.
I trust that she will work to do the same at BOP.
After that 2012 hearing, the Obama administration took some
encouraging steps to reform and reduce the use of restricted housing in
the Federal prison system. Unfortunately, under the Trump
administration, that progress stalled, and the rate of individuals in
solitary confinement steadily increased. The Biden administration has
committed to addressing this, and Director Peters made clear today that
it will be one of her priorities.
But it is also the responsibility of lawmakers in Congress to improve
our Nation's laws regarding the use of solitary confinement and ensure
that a change in administrations will never
[[Page S5549]]
again lead to an increase in this harmful practice.
Today, I am reintroducing a piece of legislation--with my friend and
fellow committee member Chris Coons--that does just that: the Solitary
Confinement Reform Act. We first introduced this bill back in 2016, and
we have reintroduced it in every Congress since. That is how important
it is. It will require the Bureau of Prisons to limit the use of
solitary to the briefest terms--under the least restrictive conditions
possible. And it will improve access to mental health care services for
individuals who have been held in solitary.
As we turn a new page at the Bureau of Prisons with Director Peters,
I can think of no better way to begin reforming the agency than by
passing the Solitary Confinement Reform Act. Let's finally build a
justice system that actually rehabilitates adults in custody and
prepares them for successful reentry into society.
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. 5038
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. 4052. 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;
``(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 defined under
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) 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 defined under
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)), 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 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
[[Page S5550]]
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 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--
[[Page S5551]]
``(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) shall--
``(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 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
[[Page S5552]]
of title 18, United States Code, is amended by inserting
after the item relating to section 4051 the following:
``4052. 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 4052(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 4052(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 4052(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 4052(e)(7) 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, as defined in section 4052(a), by the Bureau of
Prisons.
``(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
described in subparagraph (A) 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) providing on-site technical assistance and consultation
to Federal, State, and local corrections agencies to safely
reduce the use of solitary confinement;
(2) acting 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) creating 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) conducting evaluations of jurisdictions that have
decreased their use of solitary confinement to determine best
practices;
(5) conducting 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) developing and disseminating a toolkit for systems to
reduce the excessive use of solitary confinement;
(7) developing and disseminating 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) conducting public webinars to highlight new and
promising practices.
(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
[[Page S5553]]
(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. PADILLA (for himself, Mr. Durbin, Mr. Booker, Mr. Sanders,
Ms. Warren, Mr. Markey, Mr. Blumenthal, Mr. Brown, and Mrs.
Feinstein):
S. 5055. A bill to provide benefits for noncitizen members of the
Armed Forces, and for other purposes; to the Committee on the
Judiciary.
Mr. PADILLA. Mr. President, I rise to introduce the Veteran Service
Recognition Act of 2022.
This legislation would ensure that noncitizen service members have
access to the information and resources they need to apply for
citizenship in the United States and avoid deportation from the country
they have promised to protect and fight for.
The Veteran Service Recognition Act of 2022 would implement important
changes to ensure that servicemembers as well as their spouses and
children are not removed from the United States after leaving the
military because they were never provided support and resources to help
them adjust their status.
Specifically, this bill would require the Department of Homeland
Security and the Department of Defense to create a program to help
ensure that servicemembers and their families have a pathway to
naturalization. The program would also include training for JAG
officers and recruiter training on the naturalization process for
servicemembers.
The bill would also create a Military Family Immigration Advisory
Committee that would provide recommendations to DHS on whether a
noncitizen who has served in the military or their family members
should be granted a stay of removal, deferred action, parole, or be
removed from the country.
Finally, the bill would require DHS to establish a program that
allows removed veterans and their family members to be admitted back
into the United States as lawful permanent residents and directs DOJ to
reopen their removal cases.
Our noncitizen servicemembers have risked their lives in service to
our country. For over a century, the United States has recognized the
contributions that noncitizens make in the military. They deserve a
clear path to citizenship for themselves and their spouses and
children.
Over the past several years, programs to help facilitate these
processes have diminished, and this lack of support from Federal
Agencies has made it more difficult for noncitizen servicemembers to
become U.S. citizens. Veterans who are unable to naturalize are at risk
of deportation if they commit certain crimes and are forced to leave
the country they promised to defend. Many believe that they are
citizens already due to their service and are shocked to learn years
later that they are not.
It is imperative that we work to protect our noncitizen veterans from
deportation and that we bring back those veterans who were removed from
the United States. These veterans have shown nothing but loyalty to the
United States, and they deserve to stay here, receive their benefits,
and live fulfilling lives alongside their family members.
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By Mr. REED:
S. 5064. A bill to ensure that children in schools have a right to
read, and for other purposes; to the Committee on Health, Education,
Labor, and Pensions.
Mr. REED. Mr. President, literacy opens the door for lifelong
opportunity and economic success. But in the aftermath of the COVID-19
pandemic, we have a lot of work to do to help kids catch up. The
National Assessment of Education Progress results show the terrible
toll the pandemic has taken on students' literacy skills. Reading
scores for 9-year-olds, dropped by five points, the steepest decline
since 1990. We need urgent action to ensure that all children have the
means and the right to read. That is why I am pleased to join
Congressman Raul Grijalva in introducing the Right to Read Act.
The Right to Read Act will require States and school districts to
have policies protecting the right to read, which includes access to
evidence-based reading instruction, access to effective school
libraries, access to developmentally and linguistically appropriate
materials, reading materials at home, family literacy support, and the
freedom to choose reading materials.
The Right to Read Act will ensure that low-income, minority children,
English learners, and students with disabilities are not
disproportionately enrolled in schools that lack effective school
libraries. This is a matter of equity. Data shows that school libraries
make a big difference in giving kids the skills and inspiration to
become proficient and enthusiastic readers. Students who utilize school
libraries have 73 percent higher literacy rates than students who do
not, and the positive impact of effective school libraries is highest
for marginalized groups, including students experiencing poverty,
students of color, and students with disabilities. But not every
student has access to library services. The U.S. Department of
Education reports that 2.5 million students are enrolled in districts
where there are no school libraries. An estimated 1 out of 10 schools
in America does not have a school library, and 30 percent of U.S.
public schools do not have full time librarians. Students experiencing
the highest levels of poverty are 30 percent more likely to attend a
school without a school library. And while school libraries are most
effective when they offer resources that resonate, engage, and empower
students and that align with their first amendment rights, 32 States
have enacted bans on books that disproportionately limit access to
titles with LGBTQ+ characters and characters of color.
The Right to Read Act will address the disparities in access to
school library resources. It supports the development of effective
school libraries, including the recruitment, retention, and
professional development of State-certified school librarians. It will
also increase the Federal investment in literacy by reauthorizing
Comprehensive Literacy State Development Grants at $500 million and the
Innovative Approaches to Literacy program at $100 million, targeting
critical literacy resources in high need communities. Critically, the
bill protects access to quality reading materials and provides the
resources needed to create a foundation for learning and student
success.
In developing this legislation, Congressman Grijalva and I worked
closely with the library community, including the American Library
Association and the American Association of School Librarians. These
are the experts in helping kids become lifelong readers and learners. I
appreciate their insight and assistance on this bill, and I urge my
colleagues to join us in cosponsoring this legislation to ensure that
all students have a right to read.
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By Mr. REED (for himself, Ms. Warren, and Mr. Durbin):
S. 5065. A bill to provide for institutional risk-sharing in the
Federal student loan programs; to the Committee on Health, Education,
Labor, and Pensions.
Mr. REED. Mr. President, we all recognize that a postsecondary
education is often the key to a family-sustaining, middle-class job. We
also know that an educated workforce is essential to a modern,
productive economy. However, our system that relies on student loan
debt to finance that education is broken. At the end of fiscal year
2021, over 43 million Americans owed more than $1.6 trillion in Federal
student loan debt.
The pandemic has forced a long-overdue reckoning with the cost of
student loan debt to our society. But the warning signs have been clear
for some time. A National Center of Education Statistics Report found
that students who graduated in 2016 still owed 78 percent of the amount
they borrowed. Black graduates owed more than they had originally
borrowed. Thirty-four percent of graduates reported negative net worth.
As student loan debt has
[[Page S5554]]
grown, young adults have put off buying homes or cars, starting a
family, saving for retirement, or launching new businesses. They have
literally mortgaged their economic future.
In response to the pandemic, Congress and two administrations took
unprecedented steps to ease the burden of student loan debt. While
those steps provided urgently needed relief to current borrowers, we
need to take steps now to reform the student loan system so future
graduates are not saddled with crushing debt. Part of the answer is
requiring institutions of higher education to have a greater stake in
the outcomes for student loan borrowers.
While institutions are largely shielded when student borrowers can't
repay their loans, students who fall into default face catastrophic
consequences with little opportunity for relief. Only in rare instances
can the debt be discharged in bankruptcy, and the Federal Government
has the power to withhold tax refunds, garnish wages, and even garnish
Social Security benefits to collect defaulted student loans.
We have seen the costs to students and taxpayers when institutions
are not held accountable. The Department of Education has forgiven over
$13 billion in student loans for students cheated by their colleges
since 2021 alone. Just recently, Stratford University announced it
would be shutting its doors leaving thousands of students in the lurch.
We cannot wait until an institution is catastrophically failing its
students before taking action. Institutions need greater financial
incentives to act before default rates rise. Simply put, we cannot
tackle the student loan debt crisis without States and institutions
stepping up and taking greater responsibility for college costs and
student borrowing.
That is why I am pleased to reintroduce the Protect Student Borrowers
Act with Senators Warren and Durbin. Our legislation seeks to ensure
that institutions have more ``skin in the game'' when it comes to
student loan debt. The bill will create stronger market incentives for
colleges and universities to provide better and more affordable
education to students, which should in turn help put the brakes on
rising student loan defaults.
The Protect Student Borrowers Act would hold colleges and
universities accountable for high student loan defaults by requiring
them to repay a percentage of defaulted loans. Only institutions that
have one-third or more of their students borrow or have a repayment
rate after 3 years below 50 percent would be included in the bill's
risk-sharing requirements based on their cohort default rate. Risk-
sharing requirements would kick in when the default rate exceeds five
percent. As the institution's default rate rises, so too will the
institution's risk-share payment.
The Protect Student Borrowers Act also provides incentives for
institutions to take proactive steps to ease student loan debt burdens
and reduce default rates. Colleges and universities can reduce or
eliminate their payments if they implement a comprehensive student loan
management plan. The Secretary may waive or reduce the payments for
institutions whose mission is to serve low-income and minority
students, such as community colleges, historically Black institutions,
or Hispanic-serving institutions, if they are making progress in their
student loan management plans.
The risk-sharing payments would be invested in helping struggling
borrowers, preventing future default and delinquency, and providing
additional grant aid to students receiving Pell grants at institutions
that enroll a high percentage of Pell grant recipients and have low
default rates.
With the stakes so high for students and taxpayers, it is only fair
that institutions bear some of the risk in the student loan program.
We need to tackle student loan debt and college affordability from
multiple angles. All stakeholders in the system must do their part.
With the Protect Student Borrowers Act, we are providing the incentives
and resources for institutions to take more responsibility to address
college affordability, reduce student loan debt, and improve student
outcomes. I urge my colleagues to cosponsor this bill and look forward
to working with them to include it and other key reforms in the
upcoming reauthorization of the Higher Education Act.
____________________