H.R. 4682

[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.
<all>