119-hr4682

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4682 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4682

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 23, 2025

 Ms. Kamlager-Dove (for herself, Mr. Espaillat, Ms. Tlaib, Mrs. Watson 
Coleman, Ms. Lee of Pennsylvania, Ms. Balint, Mrs. Ramirez, Ms. Norton, 
 Mr. Johnson of Georgia, Mr. Jackson of Illinois, Mrs. McIver, Mr. 
 Frost, Ms. Stansbury, Ms. Velazquez, Ms. Kelly of Illinois, Mrs. 
Cherfilus-McCormick, Ms. Garcia of Texas, Ms. Pressley, and Mr. Garcia 
 of Illinois) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on 
 Oversight and Government Reform, for a period to be subsequently 
 determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

 Congress finds that--

    (1) the use of solitary confinement as a carceral practice 
 causes devastating harm and constitutes a form of torture;

    (2) solitary confinement of any length of time, measured in 
 days or even hours, can cause self-mutilation, suicide, heart 
 disease, anxiety, depression, psychosis, mental and physical 
 deterioration, and a significantly heightened risk of death;

    (3) over 120,000 people are estimated to be in solitary 
 confinement on any given day in Federal, State, local, and 
 immigration detention facilities;

    (4) solitary confinement and other forms of restrictive 
 housing and practices are disproportionately inflicted on 
 Black, Latinx, Native, and other people of color, as well as 
 transgender and gender nonconforming people, people with mental 
 health needs, and young people;

    (5) survivors of solitary confinement often carry 
 significant trauma and other physical and psychological harm 
 with them for the rest of their lives;

    (6) solitary confinement has directly caused the deaths of 
 far too many people and has increased violence and harm in 
 prisons, detention facilities, and communities;

    (7) solitary confinement derives from, and helps 
 perpetuate, a horrific and brutal incarceration system that is 
 rooted in racism and focuses on extreme punishment and abuse, 
 rather than on providing opportunities for growth, healing, 
 redemption, and transformation;

    (8) the United States is an outlier among advanced 
 democracies in the use of solitary confinement;

    (9) evidence shows that out-of-cell, prosocial engagement 
 and programming increase safety, well-being, and reentry 
 outcomes;

    (10) solitary confinement is expensive, and cost analyses 
 at the Federal and State levels indicate that the elimination 
 of solitary confinement would save taxpayers billions of 
 dollars; and

    (11) solitary confinement is costly to taxpayers, does not 
 make communities safer, jeopardizes the safety of incarcerated 
 people and correctional staff, constitutes inhumane and 
 degrading treatment, and has no place in a civilized society.

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

    (a) In General.--Chapter 301 of title 18, United States Code, is 
amended by adding at the end the following:
``

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

    (a) Prohibition on the Use of Solitary Confinement and 
Establishment of Minimum Standards.--
 ``

    (1) In general.--Except in the circumstances described in 
 paragraph

    (2)
        (B) , a person incarcerated in a Federal facility 
 may not be placed in solitary confinement.
 ``

    (2) Minimum standards for out-of-cell time and meaningful 
 human engagement.--
 ``
        (A) Congregate interaction required.--Except as 
 provided in clauses
            (iii) and
            (iv) of subparagraph
        (B) , 
 all persons incarcerated in a Federal facility, 
 regardless of housing unit or detention status, shall 
 have access to not less than 14 hours per day of out-
 of-cell congregate interaction in a shared space, 
 without physical barriers, that is conducive to 
 meaningful group interaction, including access to--
 ``
            (i) not less than 7 hours per day of 
 structured out-of-cell, congregate programming 
 led by a staff member, incarcerated person, or 
 community member, including access to 
 educational, vocational, volunteer, mental 
 health, violence prevention, alcohol and 
 substance use treatment, financial, religious, 
 and reentry programming;
 ``
            (ii) not less than 1 hour per day of out-
 of-cell congregate recreation; and
 ``
            (iii) other unstructured out-of-cell 
 congregate activities, including time in a day 
 room or equivalent space, meals, library and 
 law library, legal visits, social and legal 
 telephone calls, contact social visitation 
 without physical barriers, and personal 
 property and commissary.
 ``
        (B) Prohibition on solitary confinement.--A 
 person incarcerated in a Federal facility may not be 
 placed in solitary confinement unless such placement is 
 necessary--
 ``
            (i) at night for count or sleep, not to 
 exceed 8 hours in any 24-hour period;
 ``
            (ii) during the day for count or required 
 facility business that can only be carried out 
 while a person incarcerated in a Federal 
 facility is placed in a cell, not to exceed 2 
 hours during any 24-hour period;
 ``
            (iii) subject to subparagraphs
            (C) and
            (D) , in an emergency situation as a last 
 resort, only if necessary to de-escalate 
 immediate circumstances that pose a specific 
 and significant risk of imminent serious 
 physical injury to the person, staff, or other 
 incarcerated persons, and for as short a time 
 as necessary to de-escalate such circumstances, 
 not to exceed--
 ``
            (I) 4 hours total immediately 
 following such emergency situation;
 ``
            (II) 4 hours total during any 24-
 hour period; or
 ``
            (III) 12 hours total during any 
 7-day period; or
 ``
            (iv) as part of a Federal agency-wide, 
 Federal facility-wide, or partial Federal 
 facility-wide lockdown, and--
 ``
            (I) only if a head of a Federal 
 facility or Federal agency has 
 determined the lockdown is necessary to 
 de-escalate an emergency that involves 
 several incarcerated persons and poses 
 a specific and significant risk of 
 imminent serious physical injury to the 
 staff or incarcerated persons;
 ``
            (II) only when there are no less 
 restrictive means to address an 
 emergency, as a last resort after 
 exhausting less restrictive measures;
 ``
            (III) if the lockdown is confined 
 to as narrow an area as possible and to 
 as limited number of people as 
 possible; and
 ``
            (IV) if the lockdown is reviewed 
 every hour by the head of the Federal 
 facility or Federal agency, with 
 notification provided to the Federal 
 agency regional or field office, or 
 equivalent office responsible for 
 oversight of the Federal facility, 
 beginning at the time the lockdown has 
 lasted 2 hours, and is lifted as 
 quickly as possible, provided that such 
 lockdown shall not exceed--
 ``

    (aa) 4 hours total from 
 the time at which the lockdown 
 starts;
 ``

    (bb) 4 hours total during 
 any 24-hour period; or
 ``
            (cc) 12 hours total 
 during any 7-day period.
 ``
            (C) De-escalation and engagement.--
 ``
            (i) In general.--With respect to any 
 placement pursuant to subparagraph
        (B)
            (iii) , 
 Federal facility staff shall meet with the 
 incarcerated person not less frequently than 
 once per hour to attempt de-escalation, work 
 toward the release of the person from such 
 confinement, and determine whether it is 
 necessary to continue to hold the person in 
 such confinement, and with respect to any 
 placement pursuant to clause
            (iii) or
            (iv) of 
 subparagraph
        (B) or any placement pursuant to 
 subparagraph
        (G) , health care staff must 
 conduct a thorough medical, mental health, 
 social, and behavioral assessment upon 
 admission to such placement, conduct meaningful 
 check-ins every 15 minutes to engage with the 
 person in custody, evaluate and treat any 
 urgent health needs, and attempt de-escalation.
 ``
            (ii) Relocation by health care staff.--If 
 health care staff determines an incarcerated 
 person should be removed from solitary 
 confinement for assessment or treatment 
 purposes, or because of a negative impact of 
 such confinement, the person shall be relocated 
 to an appropriate setting as determined by 
 health care staff.
 ``
            (iii) Assessment.--
 ``
            (I) In general.--Health care 
 staff must conduct a thorough medical, 
 mental health, social, and behavioral 
 assessment of any person who would have 
 been placed in confinement under 
 subparagraph
        (B)
            (iii) but who is 
 prohibited from such placement under 
 subparagraph
            (D) .
 ``
            (II) Treatment.--Health care 
 staff shall subsequently treat any 
 health needs identified in an 
 assessment conducted under subclause
            (I) .
 ``
            (D) Prohibition on involuntary confinement.--No 
 person may be involuntarily confined in a cell under 
 subparagraph
        (B)
            (iii) who--
 ``
            (i) is 25 years of age or younger;
 ``
            (ii) is 55 years of age or older;
 ``
            (iii) has a disability, as defined in 
 

section 3 of the Americans with Disabilities 
 Act of 1990 (42 U.S.C. 12102);
 ``
            (iv) has any diagnosed mental health 
 need;
 ``
            (v) is pregnant, in the first 12 weeks of 
 the postpartum recovery period after giving 
 birth, experiencing a miscarriage, or 
 terminating a pregnancy, or longer if medically 
 necessary, or caring for a child in a facility 
 program; or
 ``
            (vi) has identified as, or is known or 
 perceived by any facility staff to be, lesbian, 
 gay, bisexual, transgender, intersex, or gender 
 nonconforming.
 ``
        (E) Requirements for separation.--
 ``
            (i) In general.--If a Federal facility 
 determines that a person must be separated from 
 the general facility population, including any 
 placement in protective custody, for any 
 reasons other than, or in a manner other than 
 as provided under clauses
            (iii) and
            (iv) of 
 subparagraph
        (B) , such separation in an 
 alternative unit must--
 ``
            (I) comply with--
 ``

    (aa) subparagraphs
        (A) and
        (F) ; and
 ``

    (bb) paragraphs

    (3) ,

    (4) , 
 and

    (5) ; and
 ``
            (II) provide appropriate, high 
 quality medical assessment and care and 
 provide access to out-of-cell, 
 congregate, trauma-informed, 
 therapeutic programming aimed at 
 promoting personal development, 
 addressing underlying causes of 
 problematic behavior resulting in the 
 alternative unit placement, and helping 
 prepare for discharge from the unit to 
 the general population and to the 
 community.
 ``
            (ii) Assessment.--
 ``
            (I) In general.--Immediately upon 
 placement in an alternative unit, 
 health care staff shall conduct a 
 thorough medical, mental health, 
 social, and behavioral assessment and 
 subsequently treat any health needs 
 that result from such assessment.
 ``
            (II) Cognitive impairment 
 evaluation.--For a person who is aged 
 55 or over, and for any other person 
 showing any signs of potential 
 cognitive impairment, such assessment 
 shall include an evaluation for 
 cognitive impairment.
 ``
        (F) Prohibition on limitation of services.--In 
 all Federal facilities, the following may not be 
 imposed as a form of punishment, discipline, or for any 
 other reason:
 ``
            (i) Limitation on services, programming, 
 treatment, contact visitation, phone calls, 
 email, mail, or basic needs such as clothing, 
 food, or bedding.
 ``
            (ii) Involuntary restricted diets or any 
 other involuntary change in diet.
 ``
            (iii) Confiscation of approved personal 
 property.
 ``
        (G) Separation for medical 

=== purpose ===
-
 ``
            (i) In general.--
 ``
            (I) Requirement.--A person may be 
 separated from the general facility 
 population into an alternative unit for 
 medical purposes, including medical 
 quarantine, medical isolation, acute 
 intoxication (while awaiting 
 detoxification), and/or an acute 
 psychiatric crisis (such as acute 
 psychosis awaiting optimization of 
 psychiatric medication) but only if--
 ``

    (aa) necessary to address 
 immediate, specific, and 
 significant risk of medical 
 contagion or imminent serious 
 physical injury to a person, 
 staff, or other incarcerated 
 persons; and
 ``

    (bb) done in a medical 
 unit overseen by health care 
 staff for as limited a time as 
 medically necessary as 
 determined by health care 
 staff.
 ``
            (II) Alternative unit 
 requirements.--An alternative unit used 
 under subclause
            (I) shall be required 
 to--
 ``

    (aa) be located in the 
 least restrictive environment 
 that is medically appropriate;
 ``

    (bb) be in compliance 
 with subparagraphs
        (A) ,
        (E) , 
 and
        (F) of this paragraph and 
 paragraph

    (5) of this 
 subsection; and
 ``
            (cc) provide comparable 
 access granted to persons 
 incarcerated in the general 
 population to phone calls, 
 emails, contact visits, time 
 outdoors, access to reading 
 materials, recreation, 
 interactions with other 
 incarcerated people, out-of-
 cell time, and programming, all 
 with medically appropriate 
 modifications determined 
 necessary by health care staff, 
 such as maintaining physical 
 distance determined appropriate 
 by health care staff during 
 infectious outbreaks.
 ``
            (ii) General review for medical 
 necessity.--
 ``
            (I) In general.--The lead health 
 care professional at the Federal 
 facility shall immediately review any 
 such placement to determine whether or 
 not the placement is medically 
 necessary and shall provide written 
 authorization of the placement, if 
 medically necessary.
 ``
            (II) Contents.--An authorization 
 under subclause
            (I) shall state--
 ``

    (aa) the length of time 
 that the lead health care 
 provider believes the medical 
 quarantine or medical isolation 
 shall last; and
 ``

    (bb) for persons placed 
 in medical isolation due to 
 acute psychiatric needs, the 
 length of time the lead health 
 care provider expects for the 
 person to become stabilized, 
 including stabilized on anti-
 psychotic medication.
 ``
            (iii) Review for placement of more than 
 24 hours.--
 ``
            (I) In general.--If any such 
 placement lasts more than 24 hours, the 
 lead health care professional of the 
 relevant Federal agency shall review 
 the placement to determine whether or 
 not the placement is medically 
 necessary and shall provide written 
 authorization if the lead agency health 
 care professional determines the 
 placement to be medically necessary.
 ``
            (II) Continuing review.--The lead 
 agency health care professional shall 
 review the placement every 24 hours 
 after the review conducted under 
 subclause
            (I) to determine if the 
 continued placement is medically 
 necessary and provide written 
 authorization every 24 hours after the 
 review conducted under subclause
            (I) until the person is released from such 
 placement or until the lead agency or 
 facility-level health care professional 
 determines the placement is no longer 
 necessary.
 ``
            (iv) Cessation of medical necessity.--If, 
 at any time, the lead facility-level health 
 care professional or the lead agency-level 
 health care professional determines that such 
 placement is no longer medically necessary to 
 address immediate circumstances that pose an 
 immediate, specific, and significant risk of 
 medical contagion or imminent serious physical 
 injury to a person, staff, or other 
 incarcerated persons, the person shall be 
 released from the placement.
 ``
            (v) Discharge to outside community 
 hospitals.--If a Federal facility is unable to 
 properly treat a person in quarantine or 
 medical isolation, including medical isolation 
 for a person experiencing an acute psychiatric 
 crisis without resorting to the use of solitary 
 confinement beyond uses allowed under clause
            (i) , or
            (ii) of subparagraph
        (B) or without 
 complying with the requirements of an 
 alternative unit, then the Federal facility 
 shall discharge the person to an appropriate 
 outside community hospital that can provide the 
 requisite care.
 ``

    (3) Due process requirements.--
 ``
        (A) Hearing regulations.--
 ``
            (i) In general.--The reasons and 
 procedures for placement in protective custody 
 shall be subject to the regulations, rules, 
 standards, and procedures (or any successors 
 thereof) applicable to each Federal agency.
 ``
            (ii) Requirements.--All hearings under 
 regulations described in clause
            (i) shall 
 comply with paragraph

    (4) , and the conditions 
 for all people in protective custody shall 
 comply with--
 ``
            (I) subparagraphs
        (A) ,
        (E) , and
        (F) of paragraph

    (2) ; and
 ``
            (II) paragraph

    (5) .
 ``
        (B) Review of placement.--
 ``
            (i) In general.--The placement of an 
 incarcerated person in an alternative unit 
 shall be meaningfully reviewed not less than 
 the first 15 days after placement in solitary 
 confinement, and not less frequently than every 
 15 days thereafter, by a multidisciplinary 
 team, including program and health care staff, 
 to determine whether the release of the 
 incarcerated person to the general facility 
 population continues to present a specific and 
 significant risk of imminent serious physical 
 injury to the person, staff, or other 
 incarcerated persons.
 ``
            (ii) Notice of reasons for 
 determination.--If an incarcerated person is 
 not discharged from an alternative unit at a 
 review described under clause
            (i) , the 
 incarcerated person shall promptly receive in 
 writing the reasons for the determination and 
 the program, treatment, service, or corrective 
 action required before discharge.
 ``
            (iii) Access to services; discharge.--
 Each incarcerated person shall be given access 
 to the programs, treatment, and services 
 specified under subparagraph
        (A) , and shall be 
 permitted to be discharged from an alternative 
 unit if the person so chooses and does not 
 engage in behavior that presents a specific and 
 significant risk of imminent serious physical 
 injury to the person, staff, or other 
 incarcerated persons during the subsequent 15 
 days.
 ``
            (iv) Duration.--Other than for purposes 
 of protective custody, or upon written request 
 by the person, no person may be held in an 
 alternative unit for more than 60 days during 
 any 6-month period.
 ``
            (C) No placement based on previous incident.--No 
 person may be placed in an alternative unit for an act 
 or incident for which the person was previously placed 
 in such unit.
 ``

    (4) Placement hearings.--
 ``
        (A) Placement in alternative unit.--Other than 
 separation of persons in protective custody or for 
 purposes of confinement under clauses
            (iii) and
            (iv) of 
 paragraph

    (2)
        (B) and paragraph

    (2)
        (G) , no person 
 incarcerated in a Federal facility may be placed in an 
 alternative unit unless and until it is determined in 
 writing following a placement hearing that clear and 
 convincing evidence shows that the person committed 1 
 of the following acts at the time placement is sought, 
 and the specific circumstances of the acts were so 
 heinous or destructive that placement of the person in 
 general facility housing creates a specific and 
 significant risk of imminent serious physical injury to 
 staff or other incarcerated persons:
 ``
            (i) Causing or attempting to cause 
 serious physical injury or death to another 
 person.
 ``
            (ii) Compelling or attempting to compel 
 another person, by force or threat of force, to 
 engage in a sexual act.
 ``
            (iii) Leading, organizing, inciting, or 
 attempting to cause a riot, or other similarly 
 serious disturbance that results in the taking 
 of a hostage, major property damage, or serious 
 physical harm to another person.
 ``
            (iv) Escaping, attempting to escape or 
 facilitating an escape from a Federal facility 
 or escaping, attempting to escape, or 
 facilitating an escape while under supervision 
 outside the Federal facility.
 ``
        (B) Neutral decision maker required.--Each 
 placement hearing shall be conducted by a neutral 
 decision maker.
 ``
            (C) Department of justice.--For all placement 
 hearings involving placement in facilities operated by 
 the Federal Bureau of Prisons or facilities contracting 
 with the Federal Bureau of Prisons or United States 
 Marshals Service for incarcerating people in the care 
 or custody of those facilities or entities, the neutral 
 decision maker shall be--
 ``
            (i) appointed by the Assistant Attorney 
 General for Civil Rights;
 ``
            (ii) employed by the Department of 
 Justice; and
 ``
            (iii) independent of--
 ``
            (I) any division or unit within 
 the Department of Justice that has 
 people in its care or custody or 
 engages in any prosecuting activities;
 ``
            (II) any other Federal agency; 
 and
 ``
            (III) any prosecuting entity.
 ``
            (D) Department of homeland security.--For all 
 placement hearings involving placement in facilities 
 operated by or contracting with U.S. Immigration and 
 Customs Enforcement, the Department of Homeland 
 Security, or U.S. Customs and Border Protection for 
 incarcerating people in the care or custody of those 
 facilities or entities, the neutral decision maker 
 shall be--
 ``
            (i) appointed by the Officer for Civil 
 Rights and Civil Liberties;
 ``
            (ii) employed by the Department of 
 Homeland Security; and
 ``
            (iii) independent of--
 ``
            (I) the Office for Civil Rights 
 and Civil Liberties;
 ``
            (II) any division or unit within 
 the Department of Homeland Security 
 that has people in its care or custody 
 or engages in any prosecuting 
 activities;
 ``
            (III) any other Federal agency; 
 and
 ``
            (IV) any prosecuting entity.
 ``
        (E) Department of health and human services.--For 
 all placement hearings involving placement in 
 facilities operated by or contracting with the 
 Department of Health and Human Services for 
 incarcerating people in the care or custody of those 
 facilities or entities, the neutral decision maker 
 shall be--
 ``
            (i) appointed by the Director of the 
 Office for Civil Rights;
 ``
            (ii) employed by the Department of Health 
 and Human Services; and
 ``
            (iii) independent of--
 ``
            (I) the Office for Civil Rights;
 ``
            (II) any division or unit within 
 the Department of Health and Human 
 Services that has people in its care or 
 custody;
 ``
            (III) any other Federal agency; 
 and
 ``
            (IV) any prosecuting entity.
 ``
        (F) Evidence presented.--At any placement 
 hearing, the incarcerated person shall be permitted to 
 offer documentary and testimonial evidence, cross-
 examine witnesses, and present any mitigating evidence, 
 justification evidence, or other relevant evidence 
 helpful in aiding the defense of the incarcerated 
 person.
 ``
        (G) Representation.--
 ``
            (i) In general.--At such a hearing, the 
 incarcerated person shall be permitted to--
 ``
            (I) engage in self-
 representation; or
 ``
            (II) be represented by any 
 attorney, law student permitted to 
 practice law, paralegal, community 
 advocate, or other incarcerated person 
 chosen by the person being represented.
 ``
            (ii) Assistance for representation.--If a 
 person does not have a representative, the 
 person shall be offered the assistance of a 
 representative as follows:
 ``
            (I) Department of justice 
 placement hearings.--For all placement 
 hearings described in subparagraph
            (C) , 
 if an incarcerated person does not 
 select a representative, an appointed 
 representative shall be--
 ``

    (aa) selected by the 
 Assistant Attorney General for 
 Civil Rights;
 ``

    (bb) employed by the 
 Department of Justice; and
 ``
            (cc) independent of--

 ``

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

 ``

    (BB) any other 
 Federal agency; and

 ``
            (CC) any 
 prosecuting entity.

 ``
            (II) Department of homeland 
 security hearings.--For all placement 
 hearings described in subparagraph
            (D) , 
 if an incarcerated person does not 
 select a representative, an appointed 
 representative shall be--
 ``

    (aa) selected by the 
 Officer for Civil Rights and 
 Civil Liberties;
 ``

    (bb) employed by the 
 Department of Homeland 
 Security; and
 ``
            (cc) independent of--

 ``

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

 ``

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

 ``
            (CC) any other 
 Federal agency; and

 ``
            (DD) any 
 prosecuting entity.

 ``
            (III) Department of health and 
 human services hearings.--For all 
 placement hearings described in 
 subparagraph
        (E) , if an incarcerated 
 person does not select a 
 representative, any appointed 
 representative shall be--
 ``

    (aa) selected by the 
 Director of the Office for 
 Civil Rights;
 ``

    (bb) employed by the 
 Department of Health and Human 
 Services; and
 ``
            (cc) independent of--

 ``

    (AA) the Office 
 for Civil Rights;

 ``

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

 ``
            (CC) any other 
 Federal agency; and

 ``
            (DD) any 
 prosecuting entity.

 ``
        (H) Notice.--
 ``
            (i) In general.--Not less than 2 days 
 prior to any placement hearing under this 
 paragraph, both the incarcerated person and the 
 chosen representative of the incarcerated 
 person shall be provided detailed written 
 notice of the reason for proposed placement in 
 an alternative unit, including all relevant 
 evidence, during which time the person may not, 
 other than for purposes of protective custody, 
 be placed in such alternative unit.
 ``
            (ii) Time to prepare.--The incarcerated 
 person and the chosen representative shall be 
 provided adequate time to prepare for such 
 hearings and afforded adjournments as 
 appropriate.
 ``
            (iii) Refusal to attend.--Any refusal by 
 an incarcerated person to attend such hearings 
 shall be videotaped and made part of the 
 evidentiary record that shall be maintained by 
 the relevant Federal agency.
 ``
            (iv) Failure to comply.--Failure to 
 provide the notice described in clause
            (i) or 
 to enter into the record videotaped evidence of 
 an alleged refusal to attend by an incarcerated 
 person shall constitute a basis for resolving 
 the hearing in the favor of the incarcerated 
 person.
 ``
            (I) Written determination.--
 ``
            (i) In general.--Not later than 5 
 business days after the conclusion of the 
 placement hearing, the neutral decision maker 
 shall issue a written determination.
 ``
            (ii) Clear and convincing evidence.--Any 
 finding that an incarcerated person meets the 
 criteria of placement in an alternative unit 
 under subparagraph
        (A) shall be supported by 
 clear and convincing evidence.
 ``
            (iii) Contents.--The determination shall 
 specify the finding, a summary of the testimony 
 of each witness and an explanation of whether 
 the testimony was credited or rejected, the 
 evidence relied upon in reaching the finding, 
 and the placement imposed, if any.
 ``
            (iv) Notice of determination.--Not later 
 than 24 hours after issuance of the 
 determination, a copy of the determination 
 shall be provided to the incarcerated person 
 and the chosen representative of the 
 incarcerated person.
 ``

    (5) Use of restraints.--
 ``
        (A) In general.--Except as provided in 
 subparagraphs
        (B) through
        (E) , no person incarcerated 
 in a Federal facility shall be placed in restraints.
 ``
        (B) Exceptions.--Subparagraph
        (A) shall not apply 
 if facility staff make an individualized determination 
 at the time of, or immediately following, an incident 
 precipitating placement in restraints that such 
 restraints are necessary to prevent a specific and 
 significant risk of imminent serious physical injury to 
 the person, other incarcerated persons, or staff based 
 on concrete evidence of such risk.
 ``
            (C) Least restrictive form.--If restraints are 
 used pursuant to subsection
        (B) , the least restrictive 
 form of restraints shall be used for no longer than 
 necessary to abate such specific and significant risk 
 of imminent serious physical injury, and in no 
 circumstances shall continue beyond 4 hours unless a 
 supervisory medical provider determines that such 
 restraints are necessary to prevent such risk.
 ``
            (D) Placement hearing required.--
 ``
            (i) In general.--Restraints shall not be 
 used on the same person on consecutive days 
 unless a placement hearing with protections 
 established under paragraphs

    (3) and

    (4) establishes such restraints are necessary to 
 prevent a specific and significant risk of 
 imminent serious physical injury to the 
 incarcerated person, other incarcerated 
 persons, or staff based on concrete evidence of 
 such risk, and subject to the same limitations 
 each day as set forth in this paragraph.
 ``
            (ii) Limitations.--Any repeated use of 
 restraints approved at such a due process 
 hearing shall be no longer than 3 days, subject 
 to the same limitations each day as set forth 
 in this paragraph, meaningfully reviewed by a 
 supervisory medical provider at least daily, 
 and discontinued once restraints are no longer 
 necessary to prevent a specific and significant 
 risk of imminent serious physical injury to the 
 person, other incarcerated persons, or staff.
 ``
        (E) Subsequent use of restraints.--Once an 
 approved use of restraints has been discontinued, any 
 subsequent use of restraints on that person shall only 
 be permitted to address a new incident and upon the 
 same requirements under this paragraph.
 ``

    (6) Special administrative measures.--No Federal facility 
 may use special administrative measures.
 ``

    (b) Report Required.--Not later than 15 days after the end of 
each quarter of the fiscal year, each Federal agency shall report on 
the website of the Federal agency the following:
 ``

    (1) The total number of incidents at each facility 
 operated by the Federal agency during the preceding quarter of 
 self-harm, suicide attempts, and suicide, disaggregated by 
 race, age, gender identity, documented mental health status, 
 documented disability, pregnancy or postpartum status, 
 identification as lesbian, gay, bisexual, transgender, 
 intersex, or gender nonconforming, type of housing unit 
 including confinement under clause
            (iii) or
            (iv) of subsection

    (a)

    (2)
        (B) , any alternative units under subparagraph
        (E) or
        (G) of subsection

    (a)

    (2) , and length of time in such housing unit.
 ``

    (2) The total number of placements at each facility 
 during the preceding quarter, separately listed, in confinement 
 under clauses
            (iii) and
            (iv) of subsection

    (a)

    (2)
        (B) , in 
 protective custody under subsection

    (a)

    (2)
        (E) , and in any 
 alternative units under subparagraphs
        (E) and
        (G) of subsection

    (a)

    (2) during that quarter.
 ``

    (3) The total number of people at each facility on the 
 last day of each quarter, separately listed, in confinement 
 under clauses
            (iii) and
            (iv) of subsection

    (a)

    (2)
        (B) , in 
 protective custody under subsection

    (a)

    (2)
        (E) , in any other 
 alternative unit under subsection

    (a)

    (2)
        (E) , and in any 
 alternative unit under subsection

    (a)

    (2)
        (G) , disaggregated by 
 race, age, gender identity, documented mental health status, 
 documented disability, pregnancy or postpartum status, 
 identification as lesbian, gay, bisexual, transgender, 
 intersex, or gender nonconforming, and reason for placement.
 ``

    (4) The total number of placements at each facility 
 during the preceding quarter, separately listed, for which 
 confinement under clauses
            (iii) and
            (iv) of subsection

    (a)

    (2)
        (B) lasted for less than 1 hour, between 1 and 2 hours, 
 between 2 and 3 hours, between 3 and 4 hours, and for longer 
 than 4 hours, with a listing of the length of time of each 
 placement that exceeded 4 hours.
 ``

    (5) The total number of people at each facility who had 
 reached a total period of time during the preceding quarter, 
 separately listed, in protective custody under subsection

    (a)

    (2)
        (E) , in any other alternative unit under subsection

    (a)

    (2)
        (E) , and in any alternative unit under subsection

    (a)

    (2)
        (G) of less than 7 days, between 8 days and 15 days, 
 between 16 days and 30 days, between 31 days and 45 days, 
 between 46 days and 60 days, and for longer than 60 days, with 
 a listing of the length of time of each person who had reached 
 a period of time during the preceding quarter that exceeded a 
 total of 60 days in such confinement or housing.
 ``
            (c) Private Cause of Action.--
 ``

    (1) In general.--
 ``
        (A) Civil action for injury.--Any person who is 
 injured by a violation of subsection

    (a) may bring a 
 civil action in the appropriate United States district 
 court against any person, entity, or any other relevant 
 party who violated such subsection for declaratory and 
 injunctive relief, including directing the closure of 
 the facility, building, or unit where the violation 
 took place if that facility, building, or unit is in 
 repeated and systemic noncompliance with this section, 
 and for such money damages as the court determines 
 appropriate, including for emotional pain and 
 suffering.
 ``
        (B) Additional awards.--In an action filed under 
 subparagraph
        (A) , the court may, in addition to any 
 other relief awarded under that subparagraph, award 
 reasonable attorney's fees and costs of the action to a 
 prevailing plaintiff.
 ``

    (2) No liability for certain lockdowns.--
 ``
        (A) In general.--No Federal agency shall be 
 liable for a Federal agency-wide, facility-wide, or 
 partial facility-wide lockdown that exceeded the 4-hour 
 limit under subsection

    (a)

    (2)
        (B)
            (iv) if the agency can 
 demonstrate that--
 ``
            (i) the lockdown, and the length of the 
 time of the lockdown, was necessary to address 
 unexpected, extraordinary circumstances 
 involving the detonation of an explosive 
 device, an acute mass contamination or 
 contagion situation, a violent riot, revolt, or 
 insurrection involving a large number of people 
 that resulted in the taking of a hostage, major 
 property damage, or serious physical harm to a 
 person, or other similar emergency of the same 
 magnitude involving a large group of people;
 ``
            (ii) the head of facility who authorized 
 the lockdown complied with all notification 
 requirements, and received approval from the 
 agency regional or field office, or equivalent 
 office responsible for oversight of the 
 facility, at the time the lockdown lasted 
 longer than 4 hours;
 ``
            (iii) the head of the applicable Federal 
 agency approved of the lockdown if the lockdown 
 exceeded 8 hours and the approval occurred at 
 that time;
 ``
            (iv) the lockdown was ended as quickly as 
 possible, did not last longer than necessary to 
 address the unexpected, extraordinary 
 circumstances, and did not exceed 24 hours; and
 ``
            (v) the lockdown was not used as a 
 substitute for medical isolation or quarantine 
 nor individual lock-ins pursuant to subsections

    (a)

    (2)
        (B)
            (iii) and

    (a)

    (2)
        (B)
            (iv) , nor as a way 
 to circumvent the time limits or protections 
 for people held under those subsections.
 ``
        (B) Civil action for constitutional violation.--
 ``
            (i) In general.--Any person who is 
 injured by a violation of the Constitution of 
 the United States by a Federal official or 
 person contracting with a Federal agency in a 
 Federal facility may bring a civil action in 
 the appropriate United States district court 
 against any person, entity, or relevant party 
 who violated such constitutional provision for 
 declaratory and injunctive relief, including 
 directing the closure of the facility, 
 building, or unit where the violation took 
 place, and for such money damages as the court 
 determines appropriate, including for emotional 
 pain and suffering.
 ``
            (ii) Additional awards.--In an action 
 filed under subparagraph
        (A) , the court may, in 
 addition to any other relief awarded under that 
 subparagraph, award reasonable attorney's fees 
 and costs of the action to a prevailing 
 plaintiff.''.

    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, is amended by inserting after the item 
relating to 

section 4014 the following:

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

SEC. 4. OVERSIGHT.

    (a) Community Monitoring Body.--

    (1) In general.--Chapter 301 of title 18, United States 
 Code, as amended by 

section 3 of this Act, is further amended 
 by adding at the end the following:
``

Sec. 4016. Oversight
 ``

    (a) Community Monitoring Body.--Not later than 90 days after the 
date of enactment of this section, the Attorney General, in 
consultation with the Assistant Attorney General for Civil Rights of 
the Department of Justice, Officer for Civil Rights and Civil Liberties 
of the Department of Homeland Security, and Director of the Office for 
Civil Rights of the Department of Health and Human Services, shall 
establish a community monitoring body that shall operate independently 
of the Attorney General and of any other unit or division within the 
Department of Justice or any other Federal agency.
 ``

    (b) Appointment.--The Attorney General, in consultation with the 
Assistant Attorney General for Civil Rights of the Department of 
Justice, Officer for Civil Rights and Civil Liberties of the Department 
of Homeland Security, and Director of the Office for Civil Rights of 
the Department of Health and Human Services, and after obtaining input 
and recommendations from community organizations that provide 
educational services and legal support to incarcerated persons or 
otherwise advocate for the rights of incarcerated people and an end to 
solitary confinement, shall appoint not less than 15 people to serve as 
members of the community monitoring body.
 ``
            (c) Membership.--
 ``

    (1) In general.--Each member of the community monitoring 
 body shall be an individual who--
 ``
        (A) has survived solitary confinement--
 ``
        (B) has had loved ones who have experienced 
 solitary confinement or lost loved ones because of 
 solitary confinement;
 ``
            (C) is a faith leader, medical or mental health 
 professional; or
 ``
            (D) is a civil rights or human rights advocate.
 ``

    (2) Prior experience.--Each member of the community 
 monitoring body shall have experience engaging in advocacy, 
 service provision, or program operation aimed at enhancing the 
 rights and treatment of incarcerated persons.
 ``

    (3) Requirements relating to prior experiences.--
 ``
        (A) In general.--The community monitoring body 
 shall include members with the following experience:
 ``
            (i) Not less than \1/2\ of the members of 
 the community monitoring body shall be 
 individuals who were incarcerated or have had 
 family members incarcerated.
 ``
            (ii) Not fewer than 2 members of the 
 community monitoring body shall have experience 
 working with children from a trauma-sensitive 
 approach.
 ``
            (iii) Not fewer than 2 members of the 
 community monitoring body shall have personal 
 or professional experience with immigration 
 detention.
 ``
            (iv) Not fewer than 2 members of the 
 community monitoring body shall have personal 
 or professional experience with incarceration 
 in adult prisons or jails.
 ``
        (B) Limitations on working with children.--Only 
 members of the community monitoring body with expertise 
 in working with children in a trauma-sensitive manner 
 shall interview children in the custody of the Office 
 of Refugee Resettlement.
 ``
            (d) Membership Term.--Each member of the community monitoring 
body shall be appointed for a term of 5 years, with the possibility of 
1 reappointment by the Attorney General for a total of 10 years.
 ``

    (e) Reimbursement.--Each member shall be reimbursed by the 
Department of Justice for any per diem expenses of the member in 
connection with service on the community monitoring body.
 ``

    (f) Assistance.--The community monitoring body shall have the 
ability to designate any person to assist the work of the community 
monitoring body.
 ``

    (g) Access.--Notwithstanding any other provision of law, the 
community monitoring body and its designees shall have the ability to 
make unannounced visits to Federal agencies and Federal facilities, and 
have access to every area of every Federal facility and all 
nonclassified, nonprivileged data from every Federal agency.
 ``

    (h) In-Person Interviews.--
 ``

    (1) In general.--The community monitoring body and its 
 designees shall have the ability to conduct in-person 
 interviews and correspond and communicate with incarcerated 
 persons and Federal agency and Federal facility staff freely, 
 privately, and confidentially, upon consent of the incarcerated 
 person or staff, respectively.
 ``

    (2) Consent to interviews.--
 ``
        (A) In general.--All applicable laws, 
 regulations, rules and other protections regarding a 
 person providing free, voluntary, and informed consent, 
 including for children, incarcerated persons, and more 
 generally, and including protections related to the 
 need for parental consent or consent of counsel, shall 
 apply to consent to being interviewed by the community 
 monitoring body.
 ``
        (B) Office of refugee resettlement.--With respect 
 to persons in the custody of the Office of Refugee 
 Resettlement, the community monitoring body shall only 
 interview such a person if the person, the person's 
 appointed child advocate, if the person has a child 
 advocate, and the person's attorney, if the person has 
 an attorney, consent to the interview.
 ``
            (C) Application.--Nothing in this paragraph shall 
 be used by a Federal agency to impede the ability of 
 the community monitoring body to conduct any interview 
 with an incarcerated person who consents to such an 
 interview.
 ``

    (3) Consultation relating to trauma-sensitive 
 engagement.--
 ``
        (A) In general.--Members of the community 
 monitoring body shall consult with community experts on 
 trauma-sensitive engagement with detained children and 
 adults to develop protocols for how the members of the 
 community monitoring body will conduct monitoring 
 activities in a manner that--
 ``
            (i) is trauma-sensitive;
 ``
            (ii) provides the greatest protection 
 possible for the safety and psychological well-
 being of people in custody;
 ``
            (iii) offers options for people in 
 custody coping with any distress or re-
 traumatization resulting from monitoring 
 activities;
 ``
            (iv) provides people in custody with a 
 sense of agency in the monitoring process; and
 ``
            (v) accounts for related considerations.
 ``
        (B) Development and review.--The community 
 monitoring body shall--
 ``
            (i) develop the protocols described in 
 subparagraph
        (A) based on the existing body of 
 literature relating to trauma-sensitive 
 engagement; and
 ``
            (ii) have experts and the general 
 publicly review and provide feedback on the 
 protocols described in subparagraph
        (A) before 
 the protocols are finalized.
 ``

    (4) Notes, recordings, and records.--
 ``
        (A) Use.--All notes, recordings, and records of 
 any interviews conducted by the community monitoring 
 body shall be used solely for the purposes of the 
 community monitoring body.
 ``
        (B) Prohibition.--No information contained in 
 notes, recordings, and records of any interviews 
 conducted by the community monitoring body identifying 
 a specific person who was interviewed by the community 
 monitoring body may ever be--
 ``
            (i) disclosed under any circumstance 
 without the free, voluntary, and informed 
 consent of that person for purposes of seeking 
 immediate relief for that person; or
 ``
            (ii) used in any form of proceeding 
 involving the immigration status of that 
 person, a credibility determinations or 
 criminal prosecution or appeal relating to that 
 person, or any other related type of 
 proceeding.
 ``
            (i) Meetings.--Administrators of each Federal agency and Federal 
facility shall meet privately with the community monitoring body or its 
designees upon request.
 ``

    (j) Communications.--
 ``

    (1) In general.--All persons incarcerated in Federal 
 facilities shall have the right and access to confidentially 
 communicate with the community monitoring body and its 
 designees, including while the community monitoring body or its 
 designees are at a Federal facility and through free phone 
 calls, free mail correspondence, and free email correspondence.
 ``

    (2) Confidentiality.--Communications described in 
 paragraph

    (1) shall be afforded the same levels of protection, 
 confidentiality, and privilege as attorney-client 
 correspondence.
 ``

    (3) Retaliation.--No person shall face any form of 
 retaliation or adverse impact for having contact with, or being 
 perceived to have had contact with, the community monitoring 
 body or its designees.
 ``

    (4) Complaints.--An incarcerated person shall not be 
 required to raise a complaint with the community monitoring 
 body before seeking other remedies in connection with that 
 complaint.
 ``

    (k) Electronic Equipment.--The community monitoring body and its 
designees shall have the right to bring and use electronic equipment in 
any Federal facility, including video cameras, photographic cameras, 
audio recording devices, mobile telephones, computers, and tablets, for 
the purposes of recording, documentation, administration of surveys, 
and other related purposes.
 ``
            (l) Access to Certain Information.--
 ``

    (1) In general.--The community monitoring body and its 
 designees shall have the right to receive, access, inspect, and 
 copy all relevant non-classified, non-privileged information, 
 records, and documents in the possession or control of any 
 Federal facility, Federal agency, or employee of any Federal 
 facility or Federal agency.
 ``

    (2) Required delivery date.--
 ``
        (A) General delivery date.--The community 
 monitoring body and its designees shall receive any 
 records requested under paragraph

    (1) not later than 7 
 days after the date of request to the head of a Federal 
 facility or Federal agency.
 ``
        (B) Expedited delivery.--In a situation in which 
 the records requested under paragraph

    (1) by the 
 community monitoring body or its designees pertain to a 
 death of an incarcerated person, threats of bodily harm 
 including sexual or physical assaults, or the denial of 
 necessary medical treatment, the records shall be 
 provided not later than 48 hours after the date of the 
 request unless members of the community monitoring body 
 or their designees consent to an extension of the 
 deadline.
 ``
            (m) Recommendations.--
 ``

    (1) In general.--The community monitoring body may make 
 periodic recommendations to any Federal agency or Federal 
 facility, as well as to the President, Attorney General, 
 Secretary of Homeland Security, Secretary of Health and Human 
 Services, Committee on the Judiciary of the House of 
 Representatives, Committee on Oversight and Government Reform 
 of the House of Representatives, Committee on the Judiciary of 
 the Senate, Committee on Homeland Security and Governmental 
 Affairs of the Senate, and other Government entities.
 ``

    (2) Remedial action plans.--For any recommendations made 
 by the community monitoring body to each Federal agency or 
 Federal facility, such agency or facility shall--
 ``
        (A) report to the community monitoring body not 
 later than 90 days after receipt of the recommendations 
 as to whether the agency or facility has designed and 
 implemented a remedial action plan to address the 
 recommendations; and
 ``
        (B) transmit any such remedial action plan to the 
 community monitoring body.
 ``

    (3) Publication.--The community monitoring body may 
 publish its findings and recommendations on its website that 
 the community monitoring body shall establish.
 ``

    (n) Access for Certain Persons.--Representatives of the news 
media, public defenders, representatives of the Legal Orientation 
Program of the Department of Justice, elected Federal, State, and local 
representatives, and their designees, shall have the ability to--
 ``

    (1) make unannounced visits to Federal agencies and 
 Federal facilities and access every area of every Federal 
 facility, except that--
 ``
        (A) access to enter the cell of a person 
 incarcerated in the Federal facility shall only be 
 granted with the consent of the person housed in that 
 cell; and
 ``
        (B) access to enter a bathroom or shower area 
 shall only be allowed when such area is unoccupied by 
 persons incarcerated in the Federal facility;
 ``

    (2) receive in a timely manner, pursuant to 

section 552 
 of title 5, or any successor thereto, all requested data from 
 every Federal agency that has persons in its care or custody; 
 and
 ``

    (3) correspond with and interview, with the ability to 
 take notes and use electronic and other recording devices, 
 incarcerated persons freely, privately, and confidentially upon 
 the consent of the incarcerated persons.
 ``

    (o) Inspectors General.--Nothing in this section shall be 
construed to modify, supersede, or otherwise affect the authority of 
any Inspector General to access all records, reports, audits, reviews, 
documents, papers, recommendations, or other materials, as authorized 
by law.''.

    (2) Clerical amendment.--The table of contents for chapter 
 301 of title 18, United States Code, is amended by inserting 
 after the item relating to 

section 4015, as added by 

section 3 
 of this Act, the following:

``4016. Oversight.''.

    (b) Inspector General.--

    (1) Advisory body.--

Section 413 of title 5, United States 
 Code, as amended by 

section 2 of the Federal Prison Oversight 
 Act (Pub. L. 118-71; 138 Stat. 1492), is amended by adding at 
 the end the following:
 ``

    (f) Advisory Body on Ending Solitary Confinement.--
 ``

    (1) === Definitions. ===
-In this subsection, the terms 
 `appropriate congressional committees' and `Inspector General' 
 have the meanings given those terms in subsection

    (e) .
 ``

    (2) Advisory body.--
 ``
        (A) In general.--The Inspector General shall--
 ``
            (i) establish an advisory body of 
 stakeholders focused on overseeing 
 implementation of 

section 4015 of title 18; and
 ``
            (ii) consult the advisory body for 
 purposes of developing the inspection regime 
 for overseeing such implementation and 
 developing the recommendations included in the 
 annual report of the Inspector General required 
 under paragraph

    (3) .
 ``
        (B) Membership.--The advisory body established 
 under subparagraph
        (A) shall consist solely of 
 individuals who--
 ``
            (i) have survived solitary confinement;
 ``
            (ii) have had loved ones in solitary 
 confinement or have lost loved ones due to 
 exposure to solitary confinement; or
 ``
            (iii) are faith leaders, medical or 
 mental healthcare professionals, or civil 
 rights or human rights advocates with 
 experience engaging in advocacy or program 
 operation related to reducing or ending the use 
 of solitary confinement.
 ``
            (C) Consultation.--
 ``
            (i) In general.--The Inspector General 
 shall consult with the advisory body 
 established under subparagraph
        (A) regarding 
 all aspects of overseeing implementation of 
 

section 4015 of title 18.
 ``
            (ii) Mental health care.--For all aspects 
 of oversight of all provisions of 

section 4015 
 of title 18 involving the provision of mental 
 health care, the Inspector General shall 
 consult with members of the advisory body who 
 are mental healthcare professionals, as well as 
 individuals who have survived solitary 
 confinement or have had loved ones in solitary 
 confinement or have lost loved ones due to 
 exposure to solitary confinement.
 ``

    (3) Annual report relating to 

section 4015 of title 18.--
 Not later than 1 year after the date of enactment of the End 
 Solitary Confinement Act, and each year thereafter, the 
 Inspector General shall submit to the Attorney General, the 
 appropriate congressional committees, and the public an annual 
 report in accordance with the requirements of clauses
            (i) and
            (ii) of subsection

    (e)

    (2)
            (D) assessing the implementation of 
 all components of 

section 4015 of title 18.''.

    (2) Effective date.--The amendments made by paragraph

    (1) shall take effect on the date that is 90 days after the date on 
 which appropriations are made available to the Inspector 
 General of the Department of Justice and the Department of 
 Justice for the specific purpose of carrying out the Federal 
 Prison Oversight Act (Pub. L. 118-71; 138 Stat. 1492).

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

    (a) In General.--Chapter 301 of title 18, United States Code, as 
amended by sections 3 and 4 of this Act, is further amended by 
inserting after 

section 4016, as added by 

section 4 of this Act, the 
following:
``

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

    (a) In General.--Each State or local entity that receives any 
Federal funds under subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) 
(commonly known as the `Edward Byrne Memorial Justice Assistance Grant 
Program') shall annually certify to the Attorney General with 
comprehensive documentation that the State or local entity has in 
effect (or shall have in effect, not later than 180 days after the date 
of enactment of this section) laws, policies, and programs that 
substantially comply with 

section 4015 to fully and meaningfully end 
solitary confinement and ensure all people in the prisons, jails, and 
detention centers of the State or locality have access to not less than 
14 hours of out-of-cell congregate interaction in a shared space, 
without physical barriers, that is conducive to meaningful group 
interaction.
 ``

    (b) Penalty.--Beginning in the first fiscal year that begins 
after the date of enactment of this section, in the case of a State or 
local entity that is not in substantial compliance with 

section 4015, 
or an amendment made by the End Solitary Confinement Act, the Attorney 
General shall reduce by not less than 10 percent the total amount that 
such State or unit of local government would otherwise receive under 
subpart 1 of part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly known as the 
`Edward Byrne Memorial Justice Assistance Grant Program'), except that 
funding for public defenders, community-based mental health care, 
community-based drug treatment, community-based violence interruption, 
and other similar community-based non-carceral and non-policing 
services shall be exempted from any reductions.''.

    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, as amended by sections 3 and 4 of this 
Act, is amended by inserting after the item relating to 

section 4016, 
as added by 

section 4 of this Act, the following:

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

SEC. 6. DEFINITIONS.

    (a) In General.--Chapter 301 of title 18, United States Code, as 
amended by sections 3, 4, and 5 of this Act, is further amended by 
inserting after 

section 4017, as added by 

section 5 of this Act, the 
following:
``

Sec. 4018. Certain definitions.
 ``In sections 4015, 4016, and 4017:
 ``

    (1) Acute psychiatric crisis.--The term `acute 
 psychiatric crisis' means a psychiatric emergency that involves 
 a sudden onset of psychotic symptoms, such as hallucinations, 
 delusions, suicidal ideation, or extreme panic.
 ``

    (2) Alternative unit.--The term `alternative unit' means 
 any unit that is separate from the general facility population 
 or is in any way more restrictive than the general facility 
 population in terms of access to programming, services, or 
 other aspects of daily life.
 ``

    (3) Attempting.--
 ``
        (A) In general.--The term `attempting' means 
 having the intent to carry out a particular act and 
 completing significant steps in the advancement of the 
 attempt.
 ``
        (B) Withdrawal or abandonment.--Evidence of 
 withdrawal or abandonment of a plan to carry out a 
 particular act shall negate a finding of intent.
 ``

    (4) Community monitoring body.--The term `community 
 monitoring body' means the community monitoring body 
 established under 

section 4016

    (a) .
 ``

    (5) Federal agency.--The term `Federal agency' means--
 ``
        (A) the Federal Bureau of Prisons;
 ``
        (B) U.S. Immigration and Customs Enforcement;
 ``
            (C) the Department of Homeland Security;
 ``
            (D) U.S. Customs and Border Protection;
 ``
        (E) the Office of Refugee Resettlement;
 ``
        (F) the United States Marshals Service;
 ``
        (G) the Department of Health and Human Services;
 ``
        (H) any other Federal agency that has persons in 
 its care or custody; and
 ``
            (I) any Federal, State, local, or private entity 
 that has contracted with any of the entities listed in 
 subparagraphs
        (A) through
        (H) or with any other Federal 
 agency for holding or providing services to people in 
 their care or custody.
 ``

    (6) Federal facility.--The term `Federal facility' 
 means--
 ``
        (A) a Federal Bureau of Prisons facility;
 ``
        (B) a U.S. Immigration and Customs Enforcement 
 facility;
 ``
            (C) a Department of Homeland Security facility;
 ``
            (D) a U.S. Customs and Border Protection 
 facility;
 ``
        (E) an Office of Refugee Resettlement facility;
 ``
        (F) a United States Marshals Service facility;
 ``
        (G) a Department of Health and Human Services 
 facility;
 ``
        (H) any other facility operated by a Federal 
 agency that has persons in its care or custody; and
 ``
            (I) any Federal, State, local, or private 
 facility that has contracted with any Federal agency 
 for incarcerating people in their care or custody or 
 providing services to incarcerated people in their care 
 or custody.
 ``

    (7) Health care staff.--The term `health care staff' 
 means individuals who are employed, contracted, or volunteer to 
 provide medical, mental, and behavioral health care services at 
 a Federal facility.
 ``

    (8) Incarcerated.--The term `incarcerated' means being 
 held in a Federal facility for any reason.
 ``

    (9) Mental health need.--The term `mental health need' 
 means having any current mental health diagnosis by any medical 
 or mental health professional, or having had any such mental 
 health diagnosis during the previous 2 years.
 ``

    (10) Multidisciplinary team.--The term `multidisciplinary 
 team'--
 ``
        (A) means a group of staff or other people 
 working or operating in a Federal facility who have 
 different professional backgrounds and roles in the 
 facility; and
 ``
        (B) includes program and health care staff.
 ``

    (11) Placement hearing.--The term `placement hearing' 
 means an administrative hearing to determine whether a person 
 may be placed in an alternative unit in a Federal facility.
 ``

    (12) Protective custody.--The term `protective custody' 
 means any housing of a person for their own protection.
 ``

    (13) Representative of the news media.--The term 
 `representative of the news media' means any individual or 
 entity that--
 ``
        (A) gathers information of potential interest to 
 a segment of the public;
 ``
        (B) uses its editorial skills to turn the raw 
 materials into a distinct work; and
 ``
            (C) distributes that work to an audience.
 ``

    (14) Solitary confinement.--The term `solitary 
 confinement' means being confined in a cell or other space 
 without access to meaningful group interaction in a shared 
 space.
 ``

    (15) Special administrative measures.--The term `special 
 administrative measures' means the special administrative 
 measures under 

section 501.3 of title 28, Code of Federal 
 Regulations, or any successor thereto.
 ``

    (16) Supervisory medical provider.--The term `supervisory 
 medical provider' means a practicing doctor, nurse 
 practitioner, or physician assistant who has supervisory 
 responsibilities over other medical staff in a Federal 
 facility.''.

    (b) Clerical Amendment.--The table of contents for chapter 301 of 
title 18, United States Code, as amended by sections 3, 4, and 5 of 
this Act, is amended by inserting after the item relating to 

section 4017, as added by 

section 5 of this Act, the following:

``4018. Certain definitions.''.

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

 

Section 7

    (e) of the Civil Rights of Institutionalized Persons Act 
(42 U.S.C. 1997e

    (e) ) is amended to read as follows:
 ``

    (e) Limitation on Recovery.--No Federal civil action may be 
brought by a prisoner confined in a jail, prison, or other correctional 
facility, for mental or emotional injury suffered while in custody 
without a prior showing of physical injury, the commission of a sexual 
act (as defined in 

section 2246 of title 18, United States Code), or 
placement in solitary confinement or an alternative unit (as defined in 

section 4018 of title 18, United States Code).''.

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

 Each Federal agency, as defined in 

section 4018 of title 18, United 
States Code, as added by this Act, shall--

    (1) incorporate the requirements of this Act and the 
 amendments made by this Act into the relevant standards and 
 procedures governing confinement; and

    (2) monitor compliance with the requirements of this Act 
 and the amendments made by this Act.

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

    (a) In General.--Congress shall appropriate such sums as may be 
necessary to implement the provisions of this Act.

    (b) Limitations.--No sums appropriated to carry out the provisions 
of this Act may be used for any--

    (1) buildings and facilities appropriations for the Bureau 
 of Prisons;

    (2) procurement, construction, and improvements 
 appropriations for the Department of Homeland Security, 
 including Immigration and Customs Enforcement and Customs and 
 Border Protection;

    (3) constructions appropriations for the United States 
 Marshals Service;

    (4) buildings and facilities appropriations for the 
 Department of Health and Human Services, including the 
 Administration for Children and Families and the Office of 
 Refugee Resettlement;

    (5) Federal agency to--
        (A) construct facilities where persons will be 
 incarcerated; or
        (B) to construct or renovate buildings or spaces 
 within facilities where persons are or will be 
 incarcerated; or

    (6) Federal agency to construct, install, or introduce any 
 weapons, any objects or devices or mechanisms restricting the 
 movement of a person or persons in any way, or any other 
 objects or mechanisms that limit movement or create more 
 restrictive environments.

SEC. 10. SEVERABILITY.

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

SEC. 11. EFFECTIVE DATE.

 This Act and the amendments made by this Act shall take effect not 
later than 60 days after the date of enactment of this Act.
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