II 

118TH CONGRESS 

1ST SESSION S. 3409 

To end the use of solitary confinement and other forms of restrictive housing 

in all Federal agencies and entities with which Federal agencies contract. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 5, 2023 

Mr. MARKEY (for himself, Ms. WARREN, Mr. SANDERS, and Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To end the use of solitary confinement and other forms 

of restrictive housing in all Federal agencies and entities 

with which Federal agencies contract. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Solitary Confine5 ment Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

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1 (1) the use of solitary confinement as a carceral 

2 practice causes devastating harm and constitutes a 

3 form of torture; 

4 (2) solitary confinement of any length of time, 

5 measured in days or even hours, can cause self-muti6 lation, suicide, heart disease, anxiety, depression, 

7 psychosis, mental and physical deterioration, and a 

8 significantly heightened risk of death; 

9 (3) over 120,000 people are estimated to be in 

10 solitary confinement on any given day in Federal, 

11 State, local, and immigration detention facilities; 

12 (4) solitary confinement and other forms of re13 strictive housing and practices are disproportionately 

14 inflicted on Black, Latinx, Native, and other people 

15 of color, as well as transgender and gender noncon16 forming people, people with mental health needs, 

17 and young people; 

18 (5) survivors of solitary confinement often carry 

19 significant trauma and other physical and psycho20 logical harm with them for the rest of their lives; 

21 (6) solitary confinement has directly caused the 

22 deaths of far too many people and has increased vio23 lence and harm in prisons, detention facilities, and 

24 communities; 

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1 (7) solitary confinement derives from, and helps 

2 perpetuate, a horrific and brutal incarceration sys3 tem that is rooted in racism and focuses on extreme 

4 punishment and abuse, rather than on providing op5 portunities for growth, healing, redemption, and 

6 transformation; 

7 (8) the United States is an outlier among ad8 vanced democracies in the use of solitary confine9 ment; 

10 (9) evidence shows that out-of-cell, prosocial en11 gagement and programming increase safety, well12 being, and reentry outcomes; 

13 (10) solitary confinement is expensive, and cost 

14 analyses at the Federal and State levels indicate 

15 that the elimination of solitary confinement would 

16 save taxpayers billions of dollars; and 

17 (11) solitary confinement is costly to taxpayers, 

18 does not make communities safer, jeopardizes the 

19 safety of incarcerated people and correctional staff, 

20 constitutes inhumane and degrading treatment, and 

21 has no place in a civilized society. 

4 

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1 SEC. 3. ENDING SOLITARY CONFINEMENT AND ESTAB2 LISHING MINIMUM STANDARDS. 

3 (a) IN GENERAL.—Chapter 301 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 4015. Ending solitary confinement and establishing 

7 minimum standards 

8 ‘‘(a) PROHIBITION ON THE USE OF SOLITARY CON9 FINEMENT AND ESTABLISHMENT OF MINIMUM STAND10 ARDS.— 

11 ‘‘(1) IN GENERAL.—Except in the cir12 cumstances described in paragraph (2)(B), a person 

13 incarcerated in a Federal facility may not be placed 

14 in solitary confinement. 

15 ‘‘(2) MINIMUM STANDARDS FOR OUT-OF-CELL

16 TIME AND MEANINGFUL HUMAN ENGAGEMENT.— 

17 ‘‘(A) CONGREGATE INTERACTION RE18 QUIRED.—Except as provided in subparagraphs 

19 (B)(iii), (B)(iv), and (B)(v), all persons incar20 cerated in a Federal facility, regardless of hous21 ing unit or detention status, shall have access 

22 to not less than 14 hours per day of out-of-cell 

23 congregate interaction in a shared space, with24 out physical barriers, that is conducive to mean25 ingful group interaction, including access to— 

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1 ‘‘(i) not less than 7 hours per day of 

2 structured out-of-cell, congregate program3 ming led by a staff member, incarcerated 

4 person, or community member, including 

5 access to educational, vocational, volunteer, 

6 mental health, violence prevention, alcohol 

7 and substance use treatment, financial, re8 ligious, and reentry programming; 

9 ‘‘(ii) not less than 1 hour per day of 

10 out-of-cell congregate recreation; and 

11 ‘‘(iii) other unstructured out-of-cell 

12 congregate activities, including time in a 

13 day room or equivalent space, meals, li14 brary and law library, legal visits, social 

15 and legal telephone calls, contact social vis16 itation without physical barriers, and per17 sonal property and commissary. 

18 ‘‘(B) PROHIBITION ON SOLITARY CONFINE19 MENT.—A person incarcerated in a Federal fa20 cility may not be placed in solitary confinement 

21 unless such placement is necessary— 

22 ‘‘(i) at night for count or sleep, not to 

23 exceed 8 hours in any 24-hour period; 

24 ‘‘(ii) during the day for count or re25 quired facility business that can only be 

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1 carried out while a person incarcerated in 

2 a Federal facility is placed in a cell, not to 

3 exceed 2 hours during any 24-hour period; 

4 ‘‘(iii) for purposes of medical quar5 antine or medical isolation, only if done in 

6 a medical unit overseen by health care 

7 staff— 

8 ‘‘(I) for as limited a time as 

9 medically necessary as determined by 

10 health care staff; and 

11 ‘‘(II) with comparable access 

12 granted to persons incarcerated in the 

13 general population to phone calls, 

14 emails, and programming at a phys15 ical distance determined appropriate 

16 by health care staff; 

17 ‘‘(iv) subject to subparagraphs (C) 

18 and (D), in an emergency situation as a 

19 last resort, only if necessary to de-escalate 

20 immediate circumstances that pose a spe21 cific and significant risk of imminent seri22 ous physical injury to the person, staff, or 

23 other incarcerated persons, and for as 

24 short a time as necessary to de-escalate 

25 such circumstances, not to exceed— 

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1 ‘‘(I) 4 hours total immediately 

2 following such emergency situation; 

3 ‘‘(II) 4 hours total during any 

4 24-hour period; or 

5 ‘‘(III) 12 hours total during any 

6 7-day period; or 

7 ‘‘(v) as part of a Federal agency-wide, 

8 Federal facility-wide, or partial Federal fa9 cility-wide lockdown, and— 

10 ‘‘(I) only if a head of a Federal 

11 facility or Federal agency has deter12 mined the lockdown is necessary to 

13 de-escalate an emergency that involves 

14 several incarcerated persons and poses 

15 a specific and significant risk of immi16 nent serious physical injury to the 

17 staff or incarcerated persons; 

18 ‘‘(II) only when there are no less 

19 restrictive means to address an emer20 gency, as a last resort after exhaust21 ing less restrictive measures; 

22 ‘‘(III) if the lockdown is confined 

23 to as narrow an area as possible and 

24 to as limited number of people as pos25 sible; and 

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1 ‘‘(IV) if the lockdown is reviewed 

2 every hour by the head of the Federal 

3 facility or Federal agency, with notifi4 cation provided to the Federal agency 

5 regional or field office, or equivalent 

6 office responsible for oversight of the 

7 Federal facility, beginning at the time 

8 the lockdown has lasted 2 hours, and 

9 is lifted as quickly as possible, pro10 vided that such lockdown shall not ex11 ceed— 

12 ‘‘(aa) 4 hours total from the 

13 time at which the lockdown 

14 starts; 

15 ‘‘(bb) 4 hours total during 

16 any 24-hour period; or 

17 ‘‘(cc) 12 hours total during 

18 any 7-day period. 

19 ‘‘(C) DE-ESCALATION.— 

20 ‘‘(i) IN GENERAL.—With respect to 

21 any placement pursuant to subparagraph 

22 (B)(iv), Federal facility staff shall meet 

23 with the incarcerated person not less fre24 quently than once per hour to attempt de25 escalation, work toward the release of the 

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1 person from such confinement, and deter2 mine whether it is necessary to continue to 

3 hold the person in such confinement, and 

4 with respect to any placement pursuant to 

5 subparagraph (B)(iv) or (B)(v), health 

6 care staff must conduct a thorough med7 ical, mental health, social, and behavioral 

8 assessment upon admission to such place9 ment, conduct meaningful check-ins every 

10 15 minutes to engage with the person in 

11 custody, evaluate and treat any urgent 

12 health needs, and attempt any de-esca13 lation. 

14 ‘‘(ii) REMOVAL BY HEALTH CARE

15 STAFF.—If health care staff determines an 

16 incarcerated person should be removed 

17 from solitary confinement for assessment 

18 or treatment purposes, or because of a 

19 negative impact of such confinement, the 

20 person shall be removed to an appropriate 

21 setting as determined by health care staff. 

22 ‘‘(D) PROHIBITION ON INVOLUNTARY CON23 FINEMENT.—No person may be involuntarily 

24 confined in a cell under subparagraph (B)(iv) 

25 who— 

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1 ‘‘(i) is 25 years of age or younger; 

2 ‘‘(ii) is 55 years of age or older; 

3 ‘‘(iii) has a disability, as defined in 

4 section 3 of the Americans with Disabil5 ities Act of 1990 (42 U.S.C. 12102); 

6 ‘‘(iv) has any diagnosed mental health 

7 need; 

8 ‘‘(v) is pregnant, in the first 8 weeks 

9 of the postpartum recovery period, or car10 ing for a child in a facility program; or 

11 ‘‘(vi) has identified as, or is known or 

12 perceived by any facility staff to be, les13 bian, gay, bisexual, transgender, intersex, 

14 or gender nonconforming. 

15 ‘‘(E) REQUIREMENTS FOR SEPARATION.— 

16 If a Federal facility determines that a person 

17 must be separated from the general facility pop18 ulation, including any placement in protective 

19 custody, for any reasons other than, or in a 

20 manner other than as provided under subpara21 graph (B)(iii), (B)(iv), or (B)(v), such separa22 tion in an alternative unit must— 

23 ‘‘(i) comply with— 

24 ‘‘(I) subparagraphs (A) and (F); 

25 and 

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1 ‘‘(II) paragraphs (3), (4), and 

2 (5); and 

3 ‘‘(ii) provide access to out-of-cell, con4 gregate, trauma-informed, therapeutic pro5 gramming aimed at promoting personal de6 velopment, addressing underlying causes of 

7 problematic behavior resulting in the alter8 native unit placement, and helping prepare 

9 for discharge from the unit to the general 

10 population and to the community. 

11 ‘‘(F) PROHIBITION ON LIMITATION OF

12 SERVICES.—In all Federal facilities, the fol13 lowing may not be imposed as a form of punish14 ment, discipline, or for any other reason: 

15 ‘‘(i) Limitation on services, program16 ming, treatment, contact visitation, phone 

17 calls, email, mail, or basic needs such as 

18 clothing, food, or bedding. 

19 ‘‘(ii) Involuntary restricted diets or 

20 any other involuntary change in diet. 

21 ‘‘(iii) Confiscation of approved per22 sonal property. 

23 ‘‘(3) DUE PROCESS REQUIREMENTS.— 

24 ‘‘(A) HEARING REGULATIONS.— 

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1 ‘‘(i) IN GENERAL.—The reasons and 

2 procedures for placement in protective cus3 tody shall be subject to the regulations, 

4 rules, standards, and procedures (or any 

5 successors thereof) applicable to each Fed6 eral agency. 

7 ‘‘(ii) REQUIREMENTS.—All hearings 

8 under regulations described in clause (i) 

9 shall comply with paragraph (4), and the 

10 conditions for all people in protective cus11 tody shall comply with— 

12 ‘‘(I) subparagraphs (A), (E), and 

13 (F) of paragraph (2); and 

14 ‘‘(II) paragraph (5). 

15 ‘‘(B) REVIEW OF PLACEMENT.— 

16 ‘‘(i) IN GENERAL.—The placement of 

17 an incarcerated person in an alternative 

18 unit shall be meaningfully reviewed not 

19 less than the first 15 days after placement 

20 in solitary confinement, and not less fre21 quently than every 15 days thereafter, by 

22 a multidisciplinary team, including pro23 gram and health care staff, to determine 

24 whether the release of the incarcerated 

25 person to the general facility population 

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1 continues to present a specific and signifi2 cant risk of imminent serious physical in3 jury to the person, staff, or other incarcer4 ated persons. 

5 ‘‘(ii) NOTICE OF REASONS FOR DE6 TERMINATION.—If an incarcerated person 

7 is not discharged from an alternative unit 

8 at a review described under clause (i), the 

9 incarcerated person shall promptly receive 

10 in writing the reasons for the determina11 tion and the program, treatment, service, 

12 or corrective action required before dis13 charge. 

14 ‘‘(iii) ACCESS TO SERVICES; DIS15 CHARGE.—Each incarcerated person shall 

16 be given access to the programs, treat17 ment, and services specified under sub18 paragraph (A), and shall be permitted to 

19 be discharged from an alternative unit if 

20 the person so chooses and does not engage 

21 in behavior that presents a specific and 

22 significant risk of imminent serious phys23 ical injury to the person, staff, or other in24 carcerated persons during the subsequent 

25 15 days. 

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1 ‘‘(iv) DURATION.—Other than for 

2 purposes of protective custody, or upon 

3 written request by the person, no person 

4 may be held in an alternative unit for more 

5 than 60 days during any 6-month period. 

6 ‘‘(C) NO PLACEMENT BASED ON PREVIOUS

7 INCIDENT.—No person may be placed in an al8 ternative unit for an act or incident for which 

9 the person was previously placed in such unit. 

10 ‘‘(4) PLACEMENT HEARINGS.— 

11 ‘‘(A) PLACEMENT IN ALTERNATIVE

12 UNIT.—Other than separation of persons in 

13 protective custody or for purposes of confine14 ment under paragraphs (2)(B)(iii), (2)(B)(iv), 

15 and (2)(B)(v), no person incarcerated in a Fed16 eral facility may be placed in an alternative unit 

17 unless and until it is determined in writing fol18 lowing a placement hearing that clear and con19 vincing evidence shows that the person com20 mitted 1 of the following acts at the time place21 ment is sought, and the specific circumstances 

22 of the acts were so heinous or destructive that 

23 placement of the person in general facility hous24 ing creates a specific and significant risk of imVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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1 minent serious physical injury to staff or other 

2 incarcerated persons: 

3 ‘‘(i) Causing or attempting to cause 

4 serious physical injury or death to another 

5 person. 

6 ‘‘(ii) Compelling or attempting to 

7 compel another person, by force or threat 

8 of force, to engage in a sexual act. 

9 ‘‘(iii) Leading, organizing, inciting, or 

10 attempting to cause a riot, or other simi11 larly serious disturbance that results in the 

12 taking of a hostage, major property dam13 age, or serious physical harm to another 

14 person. 

15 ‘‘(iv) Escaping, attempting to escape 

16 or facilitating an escape from a Federal fa17 cility or escaping, attempting to escape, or 

18 facilitating an escape while under super19 vision outside the Federal facility. 

20 ‘‘(B) NEUTRAL DECISION MAKER RE21 QUIRED.—Each placement hearing shall be con22 ducted by a neutral decision maker. 

23 ‘‘(C) DEPARTMENT OF JUSTICE.—For all 

24 placement hearings involving placement in fa25 cilities operated by the Federal Bureau of PrisVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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1 ons or facilities contracting with the Federal 

2 Bureau of Prisons or United States Marshals 

3 Service for incarcerating people in the care or 

4 custody of those facilities or entities, the neu5 tral decision maker shall be— 

6 ‘‘(i) appointed by the Assistant Attor7 ney General for Civil Rights; 

8 ‘‘(ii) employed by the Department of 

9 Justice; and 

10 ‘‘(iii) independent of— 

11 ‘‘(I) any division or unit within 

12 the Department of Justice that has 

13 people in its care or custody or en14 gages in any prosecuting activities; 

15 ‘‘(II) any other Federal agency; 

16 and 

17 ‘‘(III) any prosecuting entity. 

18 ‘‘(D) DEPARTMENT OF HOMELAND SECU19 RITY.—For all placement hearings involving 

20 placement in facilities operated by or con21 tracting with U.S. Immigration and Customs 

22 Enforcement, the Department of Homeland Se23 curity, or U.S. Customs and Border Protection 

24 for incarcerating people in the care or custody 

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1 of those facilities or entities, the neutral deci2 sion maker shall be— 

3 ‘‘(i) appointed by the Officer for Civil 

4 Rights and Civil Liberties; 

5 ‘‘(ii) employed by the Department of 

6 Homeland Security; and 

7 ‘‘(iii) independent of— 

8 ‘‘(I) the Office for Civil Rights 

9 and Civil Liberties; 

10 ‘‘(II) any division or unit within 

11 the Department of Homeland Security 

12 that has people in its care or custody 

13 or engages in any prosecuting activi14 ties; 

15 ‘‘(III) any other Federal agency; 

16 and 

17 ‘‘(IV) any prosecuting entity. 

18 ‘‘(E) DEPARTMENT OF HEALTH AND

19 HUMAN SERVICES.—For all placement hearings 

20 involving placement in facilities operated by or 

21 contracting with the Department of Health and 

22 Human Services for incarcerating people in the 

23 care or custody of those facilities or entities, the 

24 neutral decision maker shall be— 

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1 ‘‘(i) appointed by the Director of the 

2 Office for Civil Rights; 

3 ‘‘(ii) employed by the Department of 

4 Health and Human Services; and 

5 ‘‘(iii) independent of— 

6 ‘‘(I) the Office for Civil Rights; 

7 ‘‘(II) any division or unit within 

8 the Department of Health and 

9 Human Services that has people in its 

10 care or custody; 

11 ‘‘(III) any other Federal agency; 

12 and 

13 ‘‘(IV) any prosecuting entity. 

14 ‘‘(F) EVIDENCE PRESENTED.—At any 

15 placement hearing, the incarcerated person 

16 shall be permitted to offer documentary and 

17 testimonial evidence, cross-examine witnesses, 

18 and present any mitigating evidence, justifica19 tion evidence, or other relevant evidence helpful 

20 in aiding the defense of the incarcerated person. 

21 ‘‘(G) REPRESENTATION.— 

22 ‘‘(i) IN GENERAL.—At such a hearing, 

23 the incarcerated person shall be permitted 

24 to— 

19 

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1 ‘‘(I) engage in self-representa2 tion; or 

3 ‘‘(II) be represented by any at4 torney, law student permitted to prac5 tice law, paralegal, community advo6 cate, or other incarcerated person cho7 sen by the person being represented. 

8 ‘‘(ii) ASSISTANCE FOR REPRESENTA9 TION.—If a person does not have a rep10 resentative, the person shall be offered the 

11 assistance of a representative as follows: 

12 ‘‘(I) DEPARTMENT OF JUSTICE

13 PLACEMENT HEARINGS.—For all 

14 placement hearings described in sub15 paragraph (C), if an incarcerated per16 son does not select a representative, 

17 an appointed representative shall be— 

18 ‘‘(aa) selected by the Assist19 ant Attorney General for Civil 

20 Rights; 

21 ‘‘(bb) employed by the De22 partment of Justice; and 

23 ‘‘(cc) independent of— 

24 ‘‘(AA) any division or 

25 unit within the Department 

20 

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1 of Justice that has people in 

2 its care or custody or en3 gages in any prosecuting ac4 tivities; 

5 ‘‘(BB) any other Fed6 eral agency; and 

7 ‘‘(CC) any prosecuting 

8 entity. 

9 ‘‘(II) DEPARTMENT OF HOME10 LAND SECURITY HEARINGS.—For all 

11 placement hearings described in sub12 paragraph (D), if an incarcerated per13 son does not select a representative, 

14 an appointed representative shall be— 

15 ‘‘(aa) selected by the Officer 

16 for Civil Rights and Civil Lib17 erties; 

18 ‘‘(bb) employed by the De19 partment of Homeland Security; 

20 and 

21 ‘‘(cc) independent of— 

22 ‘‘(AA) the Office for 

23 Civil Rights and Civil Lib24 erties; 

21 

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1 ‘‘(BB) any division or 

2 unit within the Department 

3 of Homeland Security that 

4 has people in its care or cus5 tody or engages in any pros6 ecuting activities; 

7 ‘‘(CC) any other Fed8 eral agency; and 

9 ‘‘(DD) any prosecuting 

10 entity. 

11 ‘‘(III) DEPARTMENT OF HEALTH

12 AND HUMAN SERVICES HEARINGS.— 

13 For all placement hearings described 

14 in subparagraph (E), if an incarcer15 ated person does not select a rep16 resentative, any appointed representa17 tive shall be— 

18 ‘‘(aa) selected by the Direc19 tor of the Office for Civil Rights; 

20 ‘‘(bb) employed by the De21 partment of Health and Human 

22 Services; and 

23 ‘‘(cc) independent of— 

24 ‘‘(AA) the Office for 

25 Civil Rights; 

22 

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1 ‘‘(BB) any division or 

2 unit within the Department 

3 of Health and Human Serv4 ices that has people in its 

5 care or custody; 

6 ‘‘(CC) any other Fed7 eral agency; and 

8 ‘‘(DD) any prosecuting 

9 entity. 

10 ‘‘(H) NOTICE.— 

11 ‘‘(i) IN GENERAL.—Not less than 2 

12 days prior to any placement hearing under 

13 this paragraph, both the incarcerated per14 son and the chosen representative of the 

15 incarcerated person shall be provided de16 tailed written notice of the reason for pro17 posed placement in an alternative unit, in18 cluding all relevant evidence, during which 

19 time the person may not, other than for 

20 purposes of protective custody, be placed in 

21 such alternative unit. 

22 ‘‘(ii) TIME TO PREPARE.—The incar23 cerated person and the chosen representa24 tive shall be provided adequate time to preVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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1 pare for such hearings and afforded ad2 journments as appropriate. 

3 ‘‘(iii) REFUSAL TO ATTEND.—Any re4 fusal by an incarcerated person to attend 

5 such hearings shall be videotaped and 

6 made part of the evidentiary record that 

7 shall be maintained by the relevant Federal 

8 agency. 

9 ‘‘(iv) FAILURE TO COMPLY.—Failure 

10 to provide the notice described in clause (i) 

11 or to enter into the record videotaped evi12 dence of an alleged refusal to attend by an 

13 incarcerated person shall constitute a basis 

14 for resolving the hearing in the favor of 

15 the incarcerated person. 

16 ‘‘(I) WRITTEN DETERMINATION.— 

17 ‘‘(i) IN GENERAL.—Not later than 5 

18 business days after the conclusion of the 

19 placement hearing, the neutral decision 

20 maker shall issue a written determination. 

21 ‘‘(ii) CLEAR AND CONVINCING EVI22 DENCE.—Any finding that an incarcerated 

23 person meets the criteria of placement in 

24 an alternative unit under subparagraph 

24 

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1 (A) shall be supported by clear and con2 vincing evidence. 

3 ‘‘(iii) CONTENTS.—The determination 

4 shall specify the finding, a summary of the 

5 testimony of each witness and an expla6 nation of whether the testimony was cred7 ited or rejected, the evidence relied upon in 

8 reaching the finding, and the placement 

9 imposed, if any. 

10 ‘‘(iv) NOTICE OF DETERMINATION.— 

11 Not later than 24 hours after issuance of 

12 the determination, a copy of the deter13 mination shall be provided to the incarcer14 ated person and the chosen representative 

15 of the incarcerated person. 

16 ‘‘(5) USE OF RESTRAINTS.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraphs (B) through (E), no person in19 carcerated in a Federal facility shall be placed 

20 in restraints. 

21 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

22 shall not apply if facility staff make an individ23 ualized determination at the time of, or imme24 diately following, an incident precipitating 

25 placement in restraints that such restraints are 

25 

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1 necessary to prevent a specific and significant 

2 risk of imminent serious physical injury to the 

3 person, other incarcerated persons, or staff 

4 based on concrete evidence of such risk. 

5 ‘‘(C) LEAST RESTRICTIVE FORM.—If re6 straints are used pursuant to subsection (B), 

7 the least restrictive form of restraints shall be 

8 used for no longer than necessary to abate such 

9 specific and significant risk of imminent serious 

10 physical injury, and in no circumstances shall 

11 continue beyond 4 hours unless a supervisory 

12 medical provider determines that such re13 straints are necessary to prevent such risk. 

14 ‘‘(D) PLACEMENT HEARING REQUIRED.— 

15 ‘‘(i) IN GENERAL.—Restraints shall 

16 not be used on the same person on con17 secutive days unless a placement hearing 

18 with protections established under para19 graphs (3) and (4) establishes such re20 straints are necessary to prevent a specific 

21 and significant risk of imminent serious 

22 physical injury to the incarcerated person, 

23 other incarcerated persons, or staff based 

24 on concrete evidence of such risk, and subVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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1 ject to the same limitations each day as set 

2 forth in this paragraph. 

3 ‘‘(ii) LIMITATIONS.—Any repeated use 

4 of restraints approved at such a due proc5 ess hearing shall be no longer than 3 days, 

6 subject to the same limitations each day as 

7 set forth in this paragraph, meaningfully 

8 reviewed by a supervisory medical provider 

9 at least daily, and discontinued once re10 straints are no longer necessary to prevent 

11 a specific and significant risk of imminent 

12 serious physical injury to the person, other 

13 incarcerated persons, or staff. 

14 ‘‘(E) SUBSEQUENT USE OF RESTRAINTS.— 

15 Once an approved use of restraints has been 

16 discontinued, any subsequent use of restraints 

17 on that person shall only be permitted to ad18 dress a new incident and upon the same re19 quirements under this paragraph. 

20 ‘‘(6) SPECIAL ADMINISTRATIVE MEASURES.— 

21 No Federal facility may use special administrative 

22 measures. 

23 ‘‘(b) REPORT REQUIRED.—Not later than 15 days 

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1 eral agency shall report on the website of the Federal 

2 agency the following: 

3 ‘‘(1) The total number of incidents at each fa4 cility operated by the Federal agency during the pre5 ceding quarter of self-harm, suicide attempts, and 

6 suicide, disaggregated by race, age, gender identity, 

7 documented mental health status, documented dis8 ability, pregnancy or postpartum status, identifica9 tion as lesbian, gay, bisexual, transgender, intersex, 

10 or gender nonconforming, type of housing unit in11 cluding confinement under subsections (a)(2)(B)(iii), 

12 (a)(2)(B)(iv), (a)(2)(B)(v), any alternative units, 

13 and length of time in such housing unit. 

14 ‘‘(2) The total number of placements at each 

15 facility during the preceding quarter, separately list16 ed, in confinement under subsections (a)(2)(B)(iii), 

17 (a)(2)(B)(iv), and (a)(2)(B)(v), in protective custody 

18 under subsection (a)(2)(E), and in any other alter19 native units under subsection (a)(2)(E) during that 

20 quarter. 

21 ‘‘(3) The total number of people at each facility 

22 on the last day of each quarter, separately listed, in 

23 confinement under subsections (a)(2)(B)(iii), 

24 (a)(2)(B)(iv), and (a)(2)(B)(v), in protective custody 

25 under subsection (a)(2)(E), and in any other alterVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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1 native units under (a)(2)(E), disaggregated by race, 

2 age, gender identity, documented mental health sta3 tus, documented disability, pregnancy or postpartum 

4 status, identification as lesbian, gay, bisexual, 

5 transgender, intersex, or gender nonconforming, and 

6 reason for placement. 

7 ‘‘(4) The total number of placements at each 

8 facility during the preceding quarter, separately list9 ed, for which confinement under subsections 

10 (a)(2)(B)(iv) and (a)(2)(B)(v) lasted for less than 1 

11 hour, between 1 and 2 hours, between 2 and 3 

12 hours, between 3 and 4 hours, and for longer than 

13 4 hours, with a listing of the length of time of each 

14 placement that exceeded 4 hours. 

15 ‘‘(5) The total number of people at each facility 

16 who had reached a total period of time during the 

17 preceding quarter, separately listed, in confinement 

18 under subsection (a)(2)(B)(iii), in protective custody 

19 under subsection (a)(2)(E), and in any other alter20 native units under subsection (a)(2)(E) of less than 

21 7 days, between 8 days and 15 days, between 16 

22 days and 30 days, between 31 days and 45 days, be23 tween 46 days and 60 days, and for longer than 60 

24 days, with a listing of the length of time of each per25 son who had reached a period of time during the 

29 

•S 3409 IS

1 preceding quarter that exceeded a total of 60 days 

2 in such confinement or housing. 

3 ‘‘(c) PRIVATE CAUSE OF ACTION.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) CIVIL ACTION FOR INJURY.—Any 

6 person who is injured by a violation of sub7 section (a) may bring a civil action in the ap8 propriate United States district court against 

9 any person, entity, or any other relevant party 

10 who violated such subsection for declaratory 

11 and injunctive relief, including directing the clo12 sure of the facility, building, or unit where the 

13 violation took place if that facility, building, or 

14 unit is in repeated and systemic noncompliance 

15 with this Act, and for such money damages as 

16 the court determines appropriate, including for 

17 emotional pain and suffering. 

18 ‘‘(B) ADDITIONAL AWARDS.—In an action 

19 filed under subparagraph (A), the court may, in 

20 addition to any other relief awarded under that 

21 subparagraph, award reasonable attorney’s fees 

22 and costs of the action to a prevailing plaintiff. 

23 ‘‘(2) NO LIABILITY FOR CERTAIN

24 LOCKDOWNS.— 

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•S 3409 IS

1 ‘‘(A) IN GENERAL.—No Federal agency 

2 shall be liable for a Federal agency-wide, facil3 ity-wide, or partial facility-wide lockdown that 

4 exceeded the 4-hour limit under subsection 

5 (a)(2)(B)(v) if the agency can demonstrate 

6 that— 

7 ‘‘(i) the lockdown, and the length of 

8 the time of the lockdown, was necessary to 

9 address unexpected, extraordinary cir10 cumstances involving the detonation of an 

11 explosive device, an acute mass contamina12 tion or contagion situation, a violent riot, 

13 revolt, or insurrection involving a large 

14 number of people that resulted in the tak15 ing of a hostage, major property damage, 

16 or serious physical harm to a person, or 

17 other similar emergency of the same mag18 nitude involving a large group of people; 

19 ‘‘(ii) the head of facility who author20 ized the lockdown complied with all notifi21 cation requirements, and received approval 

22 from the agency regional or field office, or 

23 equivalent office responsible for oversight 

24 of the facility, at the time the lockdown 

25 lasted longer than 4 hours; 

31 

•S 3409 IS

1 ‘‘(iii) the head of the applicable Fed2 eral agency approved of the lockdown if 

3 the lockdown exceeded 8 hours and the ap4 proval occurred at that time; 

5 ‘‘(iv) the lockdown was ended as 

6 quickly as possible, did not last longer than 

7 necessary to address the unexpected, ex8 traordinary circumstances, and did not ex9 ceed 24 hours; and 

10 ‘‘(v) the lockdown was not used as a 

11 substitute for medical isolation or quar12 antine nor individual lock-ins pursuant to 

13 subsections (a)(2)(B)(iii) and 

14 (a)(2)(B)(iv), nor as a way to circumvent 

15 the time limits or protections for people 

16 held under those subsections. 

17 ‘‘(B) CIVIL ACTION FOR CONSTITUTIONAL

18 VIOLATION.— 

19 ‘‘(i) IN GENERAL.—Any person who is 

20 injured by a violation of the Constitution 

21 of the United States by a Federal official 

22 or person contracting with a Federal agen23 cy in a Federal facility may bring a civil 

24 action in the appropriate United States 

25 district court against any person, entity, or 

32 

•S 3409 IS

1 relevant party who violated such constitu2 tional provision for declaratory and injunc3 tive relief, including directing the closure 

4 of the facility, building, or unit where the 

5 violation took place, and for such money 

6 damages as the court determines appro7 priate, including for emotional pain and 

8 suffering. 

9 ‘‘(ii) ADDITIONAL AWARDS.—In an 

10 action filed under subparagraph (A), the 

11 court may, in addition to any other relief 

12 awarded under that subparagraph, award 

13 reasonable attorney’s fees and costs of the 

14 action to a prevailing plaintiff.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 for chapter 301 of title 18, United States Code, is amend17 ed by inserting after the item relating to section 4014 the 

18 following: 

‘‘4015. Ending solitary confinement and establishing minimum standards.’’. 

19 SEC. 4. OVERSIGHT. 

20 (a) IN GENERAL.—Chapter 301 of title 18, United 

21 States Code, as amended by section 3 of this Act, is fur22 ther amended by adding at the end the following: 

23 ‘‘§ 4016. Oversight 

24 ‘‘(a) COMMUNITY MONITORING BODY.—Not later 

25 than 90 days after the date of enactment of this Act, the 

33 

•S 3409 IS

1 Attorney General, in consultation with the Assistant At2 torney General for Civil Rights of the Department of Jus3 tice, Officer for Civil Rights and Civil Liberties of the De4 partment of Homeland Security, and Director of the Of5 fice for Civil Rights of the Department of Health and 

6 Human Services, shall establish a community monitoring 

7 body that shall operate independently of the Attorney Gen8 eral and of any other unit or division within the Depart9 ment of Justice or any other Federal agency. 

10 ‘‘(b) APPOINTMENT.—The Attorney General, in con11 sultation with the Assistant Attorney General for Civil 

12 Rights of the Department of Justice, Officer for Civil 

13 Rights and Civil Liberties of the Department of Homeland 

14 Security, and Director of the Office for Civil Rights of 

15 the Department of Health and Human Services, and after 

16 obtaining input and recommendations from community or17 ganizations that provide educational services and legal 

18 support to incarcerated persons or otherwise advocate for 

19 the rights of incarcerated people and an end to solitary 

20 confinement, shall appoint not less than 15 people to serve 

21 as members of the community monitoring body. 

22 ‘‘(c) MEMBERSHIP.— 

23 ‘‘(1) IN GENERAL.—Each member of the com24 munity monitoring body shall be an individual 

25 who— 

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•S 3409 IS

1 ‘‘(A) has survived solitary confinement— 

2 ‘‘(B) has had loved ones who have experi3 enced solitary confinement or lost loved ones 

4 because of solitary confinement; 

5 ‘‘(C) is a faith leader, medical or mental 

6 health professional; or 

7 ‘‘(D) is a civil rights or human rights ad8 vocate. 

9 ‘‘(2) PRIOR EXPERIENCE.—Each member of the 

10 community monitoring body shall have experience 

11 engaging in advocacy, service provision, or program 

12 operation aimed at enhancing the rights and treat13 ment of incarcerated persons. 

14 ‘‘(3) REQUIREMENT RELATING TO INCARCER15 ATION.—Not less than half of the members of the 

16 community monitoring body shall be individuals who 

17 were incarcerated or have had family members in18 carcerated. 

19 ‘‘(d) MEMBERSHIP TERM.—Each member of the 

20 community monitoring body shall be appointed for a term 

21 of 5 years, with the possibility of 1 reappointment by the 

22 Attorney General for a total of 10 years. 

23 ‘‘(e) REIMBURSEMENT.—Each member shall be reim24 bursed by the Department of Justice for any per diem exVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
35 

•S 3409 IS

1 penses of the member in connection with service on the 

2 community monitoring body. 

3 ‘‘(f) ASSISTANCE.—The community monitoring body 

4 shall have the ability to designate any person to assist the 

5 work of the community monitoring body. 

6 ‘‘(g) ACCESS.—Notwithstanding any other provision 

7 of law, the community monitoring body and its designees 

8 shall have the ability to make unannounced visits to Fed9 eral agencies and Federal facilities, and have access to 

10 every area of every Federal facility and all nonclassified, 

11 nonprivileged data from every Federal agency. 

12 ‘‘(h) IN-PERSON INTERVIEWS.—The community 

13 monitoring body and its designees shall have the ability 

14 to conduct in-person interviews and correspond and com15 municate with incarcerated persons and Federal agency 

16 and Federal facility staff freely, privately, and confiden17 tially, upon consent of the incarcerated person or staff. 

18 ‘‘(i) MEETINGS.—Administrators of each Federal 

19 agency and Federal facility shall meet privately with the 

20 community monitoring body or its designees upon request. 

21 ‘‘(j) COMMUNICATIONS.— 

22 ‘‘(1) IN GENERAL.—All persons incarcerated in 

23 Federal facilities shall have the right and access to 

24 confidentially communicate with the community 

25 monitoring body and its designees, including while 

36 

•S 3409 IS

1 the community monitoring body or its designees are 

2 at a Federal facility and through free phone calls, 

3 free mail correspondence, and free email correspond4 ence. 

5 ‘‘(2) CONFIDENTIALITY.—Communications de6 scribed in paragraph (1) shall be afforded the same 

7 levels of protection, confidentiality, and privilege as 

8 attorney-client correspondence. 

9 ‘‘(3) RETALIATION.—No person shall face any 

10 form of retaliation or adverse impact for having con11 tact with, or being perceived to have had contact 

12 with, the community monitoring body or its des13 ignees. 

14 ‘‘(4) COMPLAINTS.—An incarcerated person 

15 shall not be required to raise a complaint with the 

16 community monitoring body before seeking other 

17 remedies in connection with that complaint. 

18 ‘‘(k) ELECTRONIC EQUIPMENT.—The community 

19 monitoring body and its designees shall have the right to 

20 bring and use electronic equipment in any Federal facility, 

21 including video cameras, photographic cameras, audio re22 cording devices, mobile telephones, computers, and tablets, 

23 for the purposes of recording, documentation, administra24 tion of surveys, and other related purposes. 

25 ‘‘(l) ACCESS TO CERTAIN INFORMATION.— 

37 

•S 3409 IS

1 ‘‘(1) IN GENERAL.—The community monitoring 

2 body and its designees shall have the right to re3 ceive, access, inspect, and copy all relevant non-clas4 sified, non-privileged information, records, and docu5 ments in the possession or control of any Federal fa6 cility, Federal agency, or employee of any Federal 

7 facility or Federal agency. 

8 ‘‘(2) REQUIRED DELIVERY DATE.— 

9 ‘‘(A) GENERAL DELIVERY DATE.—The 

10 community monitoring body and its designees 

11 shall receive any records requested under para12 graph (1) not later than 7 days after the date 

13 of request to the head of a Federal facility or 

14 Federal agency. 

15 ‘‘(B) EXPEDITED DELIVERY.—In a situa16 tion in which the records requested under para17 graph (1) by the community monitoring body or 

18 its designees pertain to a death of an incarcer19 ated person, threats of bodily harm including 

20 sexual or physical assaults, or the denial of nec21 essary medical treatment, the records shall be 

22 provided not later than 48 hours after the date 

23 of the request unless members of the commu24 nity monitoring body or their designees consent 

25 to an extension of the deadline. 

38 

•S 3409 IS

1 ‘‘(m) RECOMMENDATIONS.— 

2 ‘‘(1) IN GENERAL.—The community monitoring 

3 body may make periodic recommendations to any 

4 Federal agency or Federal facility, as well as to the 

5 President, Attorney General, Secretary of Homeland 

6 Security, Secretary of Health and Human Services, 

7 Committee on the Judiciary of the House of Rep8 resentatives, Committee on Oversight and Account9 ability of the House of Representatives, Committee 

10 on the Judiciary of the Senate, Committee on 

11 Homeland Security and Governmental Affairs of the 

12 Senate, and other Government entities. 

13 ‘‘(2) REMEDIAL ACTION PLANS.—For any rec14 ommendations made by the community monitoring 

15 body to each Federal agency or Federal facility, such 

16 agency or facility shall— 

17 ‘‘(A) report to the community monitoring 

18 body not later than 90 days after receipt of the 

19 recommendations as to whether the agency or 

20 facility has designed and implemented a reme21 dial action plan to address the recommenda22 tions; and 

23 ‘‘(B) transmit any such remedial action 

24 plan to the community monitoring body. 

39 

•S 3409 IS

1 ‘‘(3) PUBLICATION.—The community moni2 toring body may publish its findings and rec3 ommendations on its website that the community 

4 monitoring body shall establish. 

5 ‘‘(n) ACCESS FOR CERTAIN PERSONS.—Representa6 tives of the news media, public defenders, representatives 

7 of the Legal Orientation Program of the Department of 

8 Justice, elected Federal, State, and local representatives, 

9 and their designees, shall have the ability to— 

10 ‘‘(1) make unannounced visits to Federal agen11 cies and Federal facilities and access every area of 

12 every Federal facility, except that— 

13 ‘‘(A) access to enter the cell of a person in14 carcerated in the Federal facility shall only be 

15 granted with the consent of the person housed 

16 in that cell; and 

17 ‘‘(B) access to enter a bathroom or shower 

18 area shall only be allowed when such area is un19 occupied by persons incarcerated in the Federal 

20 facility; 

21 ‘‘(2) receive in a timely manner, pursuant to 

22 section 552 of title 5, or any successor thereto, all 

23 requested data from every Federal agency that has 

24 persons in its care or custody; and 

40 

•S 3409 IS

1 ‘‘(3) correspond with and interview, with the 

2 ability to take notes and use electronic and other re3 cording devices, incarcerated persons freely, pri4 vately, and confidentially upon the consent of the in5 carcerated persons. 

6 ‘‘(o) INSPECTORS GENERAL.—Nothing in this section 

7 shall be construed to modify, supersede, or otherwise af8 fect the authority of any Inspector General to access all 

9 records, reports, audits, reviews, documents, papers, rec10 ommendations, or other materials, as authorized by law.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for chapter 301 of title 18, United States Code, is amend13 ed by inserting after the item relating to section 4015, 

14 as added by section 3 of this Act, the following: 

‘‘4016. Oversight.’’. 

15 SEC. 5. CREATING STATE INCENTIVES TO END SOLITARY 

16 CONFINEMENT. 

17 (a) IN GENERAL.—Chapter 301 of title 18, United 

18 States Code, as amended by sections 3 and 4 of this Act, 

19 is further amended by inserting after section 4016, as 

20 added by section 4 of this Act, the following: 

21 ‘‘§ 4017. Creating State incentives to end solitary con22 finement 

23 ‘‘(a) IN GENERAL.—Each State or local entity that 

24 receives any Federal funds under subpart 1 of part E of 

25 title I of the Omnibus Crime Control and Safe Streets Act 

41 

•S 3409 IS

1 of 1968 (34 U.S.C. 10151 et seq.) (commonly known as 

2 the ‘Edward Byrne Memorial Justice Assistance Grant 

3 Program’) shall annually certify to the Attorney General 

4 with comprehensive documentation that the State or local 

5 entity has in effect (or shall have in effect, not later than 

6 180 days after the date of enactment of this Act) laws, 

7 policies, and programs that substantially comply with sec8 tion 4015 to fully and meaningfully end solitary confine9 ment and ensure all people in the prisons, jails, and deten10 tion centers of the State or locality have access to not less 

11 than 14 hours of out-of-cell congregate interaction in a 

12 shared space, without physical barriers, that is conducive 

13 to meaningful group interaction. 

14 ‘‘(b) PENALTY.—Beginning in the first fiscal year 

15 that begins after the date of enactment of this section, 

16 in the case of a State or local entity that is not in substan17 tial compliance with section 4015, or an amendment made 

18 by the End Solitary Confinement Act, the Attorney Gen19 eral shall reduce by not less than 10 percent the total 

20 amount that such State or unit of local government would 

21 otherwise receive under subpart 1 of part E of title I of 

22 the Omnibus Crime Control and Safe Streets Act of 1968 

23 (34 U.S.C. 10151 et seq.) (commonly known as the ‘Ed24 ward Byrne Memorial Justice Assistance Grant Pro25 gram’), except that funding for public defenders, commuVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
42 

•S 3409 IS

1 nity-based mental health care, community-based drug 

2 treatment, community-based violence interruption, and 

3 other similar community-based non-carceral and non-po4 licing services shall be exempted from any reductions.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for chapter 301 of title 18, United States Code, as amend7 ed by sections 3 and 4 of this Act, is amended by inserting 

8 after the item relating to section 4016, as added by section 

9 4 of this Act, the following: 

‘‘4017. Creating State incentives to end solitary confinement.’’. 

10 SEC. 6. DEFINITIONS. 

11 (a) IN GENERAL.—Chapter 301 of title 18, United 

12 States Code, as amended by sections 3, 4, and 5 of this 

13 Act, is further amended by inserting after section 4017, 

14 as added by section 5 of this Act, the following: 

15 ‘‘§ 4018. Certain definitions. 

16 ‘‘In sections 4015, 4016, and 4017: 

17 ‘‘(1) ALTERNATIVE UNIT.—The term ‘alter18 native unit’ means any unit that is separate from 

19 the general facility population or is in any way more 

20 restrictive than the general facility population in 

21 terms of access to programming, services, or other 

22 aspects of daily life. 

23 ‘‘(2) ATTEMPTING.— 

24 ‘‘(A) IN GENERAL.—The term ‘attempting’ 

25 means having the intent to carry out a parVerDate Sep 11 2014 07:10 Dec 15, 2023 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409
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•S 3409 IS

1 ticular act and completing significant steps in 

2 the advancement of the attempt. 

3 ‘‘(B) WITHDRAWAL OR ABANDONMENT.— 

4 Evidence of withdrawal or abandonment of a 

5 plan to carry out a particular act shall negate 

6 a finding of intent. 

7 ‘‘(3) COMMUNITY MONITORING BODY.—The 

8 term ‘community monitoring body’ means the com9 munity monitoring body established under section 

10 4016(a). 

11 ‘‘(4) FEDERAL AGENCY.—The term ‘Federal 

12 agency’ means— 

13 ‘‘(A) the Federal Bureau of Prisons; 

14 ‘‘(B) U.S. Immigration and Customs En15 forcement; 

16 ‘‘(C) the Department of Homeland Secu17 rity; 

18 ‘‘(D) U.S. Customs and Border Protection; 

19 ‘‘(E) the Office of Refugee Resettlement; 

20 ‘‘(F) the United States Marshals Service; 

21 ‘‘(G) the Department of Health and 

22 Human Services; 

23 ‘‘(H) any other Federal agency that has 

24 persons in its care or custody; and 

44 

•S 3409 IS

1 ‘‘(I) any Federal, State, local, or private 

2 entity that has contracted with any of the enti3 ties listed in subparagraphs (A) through (H) or 

4 with any other Federal agency for holding or 

5 providing services to people in their care or cus6 tody. 

7 ‘‘(5) FEDERAL FACILITY.—The term ‘Federal 

8 facility’ means— 

9 ‘‘(A) a Federal Bureau of Prisons facility; 

10 ‘‘(B) a U.S. Immigration and Customs En11 forcement facility; 

12 ‘‘(C) a Department of Homeland Security 

13 facility; 

14 ‘‘(D) a U.S. Customs and Border Protec15 tion facility; 

16 ‘‘(E) an Office of Refugee Resettlement fa17 cility; 

18 ‘‘(F) a United States Marshals Service fa19 cility; 

20 ‘‘(G) a Department of Health and Human 

21 Services facility; 

22 ‘‘(H) any other facility operated by a Fed23 eral agency that has persons in its care or cus24 tody; and 

45 

•S 3409 IS

1 ‘‘(I) any Federal, State, local, or private 

2 facility that has contracted with any Federal 

3 agency for incarcerating people in their care or 

4 custody or providing services to incarcerated 

5 people in their care or custody. 

6 ‘‘(6) HEALTH CARE STAFF.—The term ‘health 

7 care staff’ means individuals who are employed, con8 tracted, or volunteer to provide medical, mental, and 

9 behavioral health care services at a Federal facility. 

10 ‘‘(7) INCARCERATED.—The term ‘incarcerated’ 

11 means being held in a Federal facility for any rea12 son. 

13 ‘‘(8) MENTAL HEALTH NEED.—The term ‘men14 tal health need’ means having any current mental 

15 health diagnosis by any medical or mental health 

16 professional, or having had any such mental health 

17 diagnosis during the previous 2 years. 

18 ‘‘(9) MULTIDISCIPLINARY TEAM.—The term 

19 ‘multidisciplinary team’— 

20 ‘‘(A) means a group of staff or other peo21 ple working or operating in a Federal facility 

22 who have different professional backgrounds 

23 and roles in the facility; and 

24 ‘‘(B) includes program and health care 

25 staff. 

46 

•S 3409 IS

1 ‘‘(10) PLACEMENT HEARING.—The term ‘place2 ment hearing’ means an administrative hearing to 

3 determine whether a person may be placed in an al4 ternative unit in a Federal facility. 

5 ‘‘(11) PROTECTIVE CUSTODY.—The term ‘pro6 tective custody’ means any housing of a person for 

7 their own protection. 

8 ‘‘(12) REPRESENTATIVE OF THE NEWS

9 MEDIA.—The term ‘representative of the news 

10 media’ means any individual or entity that— 

11 ‘‘(A) gathers information of potential inter12 est to a segment of the public; 

13 ‘‘(B) uses its editorial skills to turn the 

14 raw materials into a distinct work; and 

15 ‘‘(C) distributes that work to an audience. 

16 ‘‘(13) SOLITARY CONFINEMENT.—The term 

17 ‘solitary confinement’ means being confined in a cell 

18 or other space without access to meaningful group 

19 interaction in a shared space. 

20 ‘‘(14) SPECIAL ADMINISTRATIVE MEASURES.— 

21 The term ‘special administrative measures’ means 

22 the special administrative measures under section 

23 501.3 of title 28, Code of Federal Regulations, or 

24 any successor thereto. 

47 

•S 3409 IS

1 ‘‘(15) SUPERVISORY MEDICAL PROVIDER.—The 

2 term ‘supervisory medical provider’ means a prac3 ticing doctor, nurse practitioner, or physician assist4 ant who has supervisory responsibilities over other 

5 medical staff in a Federal facility.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 for chapter 301 of title 18, United States Code, as amend8 ed by sections 3, 4, and 5 of this Act, is amended by in9 serting after the item relating to section 4017, as added 

10 by section 5 of this Act, the following: 

‘‘4018. Certain definitions.’’. 

11 SEC. 7. REMOVAL OF LIMITATION ON RECOVERY ON CER12 TAIN SUITS BY INCARCERATED PEOPLE. 

13 Section 7(e) of the Civil Rights of Institutionalized 

14 Persons Act (42 U.S.C. 1997e(e)) is amended to read as 

15 follows: 

16 ‘‘(e) LIMITATION ON RECOVERY.—No Federal civil 

17 action may be brought by a prisoner confined in a jail, 

18 prison, or other correctional facility, for mental or emo19 tional injury suffered while in custody without a prior 

20 showing of physical injury, the commission of a sexual act 

21 (as defined in section 2246 of title 18, United States 

22 Code), or placement in solitary confinement or an alter23 native unit (as defined in section 4018 of title 18, United 

24 States Code).’’. 

48 

•S 3409 IS

1 SEC. 8. REVISIONS TO STANDARD OPERATING PROCE2 DURES AND STANDARDS. 

3 Each Federal agency, as defined in section 4018 of 

4 title 18, United States Code, as added by this Act, shall— 

5 (1) incorporate the requirements of this Act 

6 and the amendments made by this Act into the rel7 evant standards and procedures governing confine8 ment; and 

9 (2) monitor compliance with the requirements 

10 of this Act and the amendments made by this Act. 

11 SEC. 9. APPROPRIATIONS AND PROHIBITION ON USE OF 

12 FUNDS. 

13 No sums appropriated to carry out the provisions of 

14 this Act may be used for any— 

15 (1) buildings and facilities appropriations for 

16 the Bureau of Prisons; 

17 (2) procurement, construction, and improve18 ments appropriations for the Department of Home19 land Security, including Immigration and Customs 

20 Enforcement and Customs and Border Protection; 

21 (3) constructions appropriations for the United 

22 States Marshals Service; 

23 (4) buildings and facilities appropriations for 

24 the Department of Health and Human Services, in25 cluding the Administration for Children and Fami26 lies and the Office of Refugee Resettlement; 

49 

•S 3409 IS

1 (5) Federal agency to— 

2 (A) construct facilities where persons will 

3 be incarcerated; or 

4 (B) to construct or renovate buildings or 

5 spaces within facilities where persons are or will 

6 be incarcerated; or 

7 (6) Federal agency to construct, install, or in8 troduce any weapons, any objects or devices or 

9 mechanisms restricting the movement of a person or 

10 persons in any way, or any other objects or mecha11 nisms that limit movement or create more restrictive 

12 environments. 

13 SEC. 10. SEVERABILITY. 

14 If any provision of this Act, or an amendment made 

15 by this Act, or the application thereof to any person or 

16 circumstance is held invalid, the remainder of this Act, 

17 and other amendments made by this Act, or the applica18 tion of that provision to persons or circumstances other 

19 than those as to which it is held invalid, is not affected 

20 thereby. 

21 SEC. 11. EFFECTIVE DATE. 

22 This Act and the amendments made by this Act shall 

23 take effect not later than 60 days after the date of enact24 ment of this Act. 

Æ