I 

118TH CONGRESS 

1ST SESSION H. R. 4972 

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

in all Federal agencies and entities they contract with. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2023 

Ms. BUSH (for herself, Mr. BOWMAN, Mr. ESPAILLAT, Ms. TLAIB, Mrs. WATSON COLEMAN, Ms. KAMLAGER-DOVE, Ms. NORTON, Ms. OCASIO-CORTEZ, Mrs. RAMIREZ, Ms. BARRAGA ́N, Mr. CLEAVER, Ms. VELA ́ZQUEZ, 

Ms. PRESSLEY, and Ms. LEE of Pennsylvania) introduced the following 

bill; which was 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 

they contract with. 

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 vi23 olence 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 its 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 its elimination would save taxpayers billions of 

16 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. 


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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), place13 ment of a person incarcerated in a Federal facility 

14 in solitary confinement shall be prohibited. 

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 at least 14 hours per day of out-of-cell con23 gregate interaction in a shared space, without 

24 physical barriers, that is conducive to meaning25 ful group interaction, including access to— 


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1 ‘‘(i) at least 7 hours daily of struc2 tured out-of-cell, congregate programming 

3 led by a staff member, incarcerated person, 

4 or community member, including access to 

5 educational, vocational, volunteer, mental 

6 health, violence prevention, alcohol and 

7 substance use treatment, financial, reli8 gious, and reentry programming; 

9 ‘‘(ii) at least 1 hour daily of out-of-cell 

10 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 shall 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 in 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, for as limited a time as medically 

8 necessary as determined by health care 

9 staff, and with comparable access as indi10 viduals incarcerated in the general popu11 lation to phone calls, emails, and program12 ming at a physical distance determined ap13 propriate by health care staff; 

14 ‘‘(iv) in an emergency situation as a 

15 last resort, only if necessary to deescalate 

16 immediate circumstances that pose a spe17 cific and significant risk of imminent seri18 ous physical injury to an individual, staff, 

19 or other incarcerated persons, and for as 

20 short a time as necessary to deescalate 

21 such circumstances, not to exceed 4 hours 

22 total immediately following such emergency 

23 situation, 4 hours total in any 24-hour pe24 riod, or 12 hours total in any 7-day period, 


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1 and subject to subparagraphs (C) and (D); 

2 or 

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

4 facility-wide, or partial facility-wide 

5 lockdown, only if a head of a facility or 

6 agency has determined such lockdown is 

7 necessary to deescalate an emergency that 

8 involves several incarcerated persons and 

9 poses a specific and significant risk of im10 minent serious physical injury to the staff 

11 or incarcerated persons, only when there 

12 are no less restrictive means to address an 

13 emergency, as a last resort after exhaust14 ing less restrictive measures, confined to as 

15 narrow an area as possible and to as lim16 ited number of people as possible, reviewed 

17 every hour by the head of the facility or 

18 agency, with notification provided to the 

19 agency regional or field office, or equiva20 lent office responsible for oversight of the 

21 facility, beginning at the time the lockdown 

22 reaches 2 hours, and lifted as quickly as 

23 possible, not to exceed 4 hours total from 

24 the start of the lockdown, 4 hours total in 


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1 any 24-hour period, or 12 hours total in 

2 any 7-day period. 

3 ‘‘(C) DEESCALATION.—For placements 

4 pursuant to subparagraph (B)(iv), facility staff 

5 shall meet with the person at least once an hour 

6 to attempt deescalation, work toward their re7 lease from such confinement, and determine 

8 whether it is necessary to continue to hold the 

9 person in such confinement, and for all place10 ments pursuant to subparagraphs (B)(iv) and 

11 (B)(v), health care staff must conduct a thor12 ough medical, mental health, social, and behav13 ioral assessment upon admission to such place14 ment, conduct meaningful check-ins every 15 

15 minutes to engage with the person in custody, 

16 evaluate and treat any urgent health needs, and 

17 attempt any deescalation. If health care staff 

18 determines the person should be removed from 

19 such confinement for assessment or treatment 

20 purposes, or because of a negative impact of 

21 such confinement, the person shall be removed 

22 to an appropriate setting as determined by 

23 health care staff. 

24 ‘‘(D) PROHIBITION ON INVOLUNTARY CON25 FINEMENT.—No person may be involuntarily 


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1 confined in their cell under subparagraph 

2 (B)(iv) who— 

3 ‘‘(i) is aged 25 or younger; 

4 ‘‘(ii) is aged 55 or older; 

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

6 section 3 of the Americans with Disabil7 ities Act of 1990 (42 U.S.C. 12102); 

8 ‘‘(iv) has any diagnosed mental health 

9 need; 

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

11 of the postpartum recovery period, or car12 ing for a child in a facility program; or 

13 ‘‘(vi) has identified as or is known or 

14 perceived by any facility staff to be lesbian, 

15 gay, bisexual, transgender, intersex, or 

16 gender nonconforming. 

17 ‘‘(E) REQUIREMENTS FOR SEPARATION.— 

18 If a Federal facility determines that an indi19 vidual must be separated from the general facil20 ity population, including any placement in pro21 tective custody, for any reasons other than, or 

22 in a manner other than as provided under sub23 paragraphs (B)(iii), (B)(iv), and (B)(v) of this 

24 section, such separation in an alternative unit 

25 must— 


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1 ‘‘(i) comply with subparagraphs (A) 

2 and (F) of this paragraph, and paragraphs 

3 (3), (4), and (5) of this subsection; and 

4 ‘‘(ii) provide access to out-of-cell, con5 gregate, trauma-informed, therapeutic pro6 gramming aimed at promoting personal de7 velopment, addressing underlying causes of 

8 problematic behavior resulting in the alter9 native unit placement, and helping prepare 

10 for discharge from the unit to the general 

11 population and to the community. 

12 ‘‘(F) PROHIBITION ON LIMITATION OF

13 SERVICES.—In all Federal facilities, no limita14 tion on services, programming, treatment, con15 tact visitation, phone calls, email, mail, or basic 

16 needs such as clothing, food, or bedding shall be 

17 imposed as a form of punishment, discipline, or 

18 for any other reason. No involuntary restricted 

19 diets or any other involuntary change in diet 

20 shall be imposed as a form of punishment, dis21 cipline, or for any other reason. Nor shall ap22 proved personal property be confiscated as a 

23 form of punishment, discipline, or for any other 

24 reason. 

25 ‘‘(3) DUE PROCESS REQUIREMENTS.— 


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1 ‘‘(A) HEARING REGULATIONS.—The rea2 sons and procedures for placement in protective 

3 custody shall be subject to the regulations, 

4 rules, standards, and procedures (or any succes5 sors thereof) applicable to each Federal agency. 

6 All hearings under such regulations shall com7 ply with paragraph (4). The conditions for all 

8 people in protective custody shall comply with 

9 subparagraphs (A), (E), and (F) of paragraph 

10 (2), and paragraph (5). 

11 ‘‘(B) REVIEW OF PLACEMENT.—The place12 ment of an incarcerated individual in an alter13 native unit shall be meaningfully reviewed at 

14 least within the first 15 days after placement 

15 and at least every 15 days thereafter by a mul16 tidisciplinary team, including program and 

17 health care staff, to determine whether the in18 carcerated person’s release to the general facil19 ity population continues to present a specific 

20 and significant risk of imminent serious phys21 ical injury to the individual, staff, or other in22 carcerated persons. If a person is not dis23 charged from such housing at such a review, 

24 they shall promptly receive in writing the rea25 sons for the determination and the program, 


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1 treatment, service, or corrective action required 

2 before discharge. The incarcerated person shall 

3 be given access to the programs, treatment, and 

4 services specified, and shall be permitted to be 

5 discharged from such housing if the person so 

6 chooses and does not engage in behavior that 

7 presents a specific and significant risk of immi8 nent serious physical injury to the individual, 

9 staff, or other incarcerated persons during the 

10 subsequent 15 days. Other than for purposes of 

11 protective custody, or upon the individual’s 

12 written request, no person may be held in an al13 ternative unit for more than 60 days in any 6- 

14 month period. 

15 ‘‘(C) NO PLACEMENT BASED ON PREVIOUS

16 INCIDENT.—No person may be placed in an al17 ternative unit for an act or incident for which 

18 they were previously placed in such unit. 

19 ‘‘(4) PLACEMENT HEARINGS.— 

20 ‘‘(A) PLACEMENT IN ALTERNATIVE

21 UNIT.—Other than separation of individuals in 

22 protective custody or for purposes of confine23 ment under paragraphs (2)(B)(iii), (2)(B)(iv), 

24 and (2)(B)(v), no person incarcerated in a Fed25 eral facility may be placed in an alternative unit 


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1 unless and until it is determined in writing fol2 lowing a placement hearing that clear and con3 vincing evidence shows the person committed 

4 one of the following acts at the time placement 

5 is sought, and the specific circumstances of the 

6 acts were so heinous or destructive that place7 ment of the individual in general facility hous8 ing creates a specific and significant risk of im9 minent serious physical injury to staff or other 

10 incarcerated persons: 

11 ‘‘(i) Causing or attempting to cause 

12 serious physical injury or death to another 

13 person. 

14 ‘‘(ii) Compelling or attempting to 

15 compel another person, by force or threat 

16 of force, to engage in a sexual act. 

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

18 attempting to cause a riot, or other simi19 larly serious disturbance that results in the 

20 taking of a hostage, major property dam21 age, or serious physical harm to another 

22 person. 

23 ‘‘(iv) Escaping, attempting to escape 

24 or facilitating an escape from a facility or 

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1 tating an escape while under supervision 

2 outside such facility. 

3 ‘‘(B) NEUTRAL DECISION MAKER RE4 QUIRED.—Each placement hearing shall be con5 ducted by a neutral decision maker. 

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

7 placement hearings involving placement in Fed8 eral Bureau of Prisons facilities or facilities 

9 contracting with the Federal Bureau of Prisons 

10 or United States Marshals Service for incarcer11 ating people in their care or custody, the neu12 tral decision maker shall be appointed by the 

13 Assistant Attorney General for Civil Rights, 

14 employed by the Department of Justice but 

15 independent of any division or unit within the 

16 Department of Justice that has people in its 

17 care or custody or engages in any prosecuting 

18 activities, any other Federal agency, and any 

19 prosecuting entity. 

20 ‘‘(D) DEPARTMENT OF HOMELAND SECU21 RITY.—For all placement hearings involving 

22 placement in U.S. Immigration and Customs 

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1 gration and Customs Enforcement, the Depart2 ment of Homeland Security, or U.S. Customs 

3 and Border Protection for incarcerating people 

4 in their care or custody, the neutral decision 

5 maker shall be appointed by the Officer for 

6 Civil Rights and Civil Liberties, employed by 

7 the Department of Homeland Security but inde8 pendent of the Office for Civil Rights and Civil 

9 Liberties, any division or unit within the De10 partment of Homeland Security that has people 

11 in its care or custody or engages in any pros12 ecuting activities, any other Federal agency, 

13 and any prosecuting entity. 

14 ‘‘(E) DEPARTMENT OF HEALTH AND

15 HUMAN SERVICES.—For all placement hearings 

16 involving placement in Department of Health 

17 and Human Services facilities or facilities con18 tracting with the Department of Health and 

19 Human Services for incarcerating people in 

20 their care or custody, the neutral decision 

21 maker shall be appointed by the Director of the 

22 Office for Civil Rights, employed by the Depart23 ment of Health and Human Services but inde24 pendent of the Office for Civil Rights, any divi25 sion or unit within the Department of Health 


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1 and Human Services that has people in its care 

2 or custody, any other Federal agency, and any 

3 prosecuting entity. 

4 ‘‘(F) EVIDENCE PRESENTED.—At any 

5 placement hearing, the incarcerated person 

6 shall be permitted to offer documentary and 

7 testimonial evidence, cross-examine witnesses, 

8 and present any mitigating evidence, justifica9 tion evidence, or other relevant evidence helpful 

10 in aiding the incarcerated person’s defense. 

11 ‘‘(G) REPRESENTATION.—At such a hear12 ing, the incarcerated person shall be permitted 

13 to represent themselves or be represented by 

14 any attorney, law student, paralegal, commu15 nity advocate, or other incarcerated person of 

16 their choosing. If a person does not have their 

17 own representative, they shall be offered the as18 sistance of a representative as follows: 

19 ‘‘(i) For all placement hearings de20 scribed in subparagraph (C), if an incar21 cerated person does not select their own 

22 representative, an appointed representative 

23 shall be selected by the Assistant Attorney 

24 General for Civil Rights, employed by the 

25 Department of Justice, and independent of 


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1 any division or unit within the Department 

2 of Justice that has people in its care or 

3 custody or engages in any prosecuting ac4 tivities, any other Federal agency, and any 

5 prosecuting entity. 

6 ‘‘(ii) For all placement hearings de7 scribed in subparagraph (D), if an incar8 cerated person does not select their own 

9 representative, an appointed representative 

10 shall be selected by the Officer for Civil 

11 Rights and Civil Liberties, employed by the 

12 Department of Homeland Security, and 

13 independent of the Office for Civil Rights 

14 and Civil Liberties, any division or unit 

15 within the Department of Homeland Secu16 rity that has people in its care or custody 

17 or engages in any prosecuting activities, 

18 any other Federal agency, and any pros19 ecuting entity. 

20 ‘‘(iii) For all placement hearings de21 scribed in subparagraph (E), if an incar22 cerated person does not select their own 

23 representative, any appointed representa24 tive shall be selected by the Director of the 

25 Office for Civil Rights, employed by the 


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1 Department of Health and Human Serv2 ices, and independent of the Office for 

3 Civil Rights, any division or unit within 

4 the Department of Health and Human 

5 Services that has people in its care or cus6 tody, any other Federal agency, and any 

7 prosecuting entity. 

8 ‘‘(H) NOTICE.—Not less than 2 days prior 

9 to any placement hearing, both the incarcerated 

10 person and their chosen representative shall be 

11 provided detailed written notice of the reason 

12 for proposed placement in an alternative unit 

13 including all relevant evidence, during which 

14 time the person shall not, other than for pur15 poses of protective custody, be placed in such 

16 alternative unit. The individual and their cho17 sen representative shall be provided adequate 

18 time to prepare for such hearings and afforded 

19 adjournments as appropriate. Any refusal by an 

20 incarcerated person to attend such hearings 

21 shall be videotaped and made part of the evi22 dentiary record that shall be maintained by the 

23 relevant federal agency. Failure to provide the 

24 notice described herein or to enter into the 

25 record videotaped evidence of an alleged refusal 


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1 to attend by an incarcerated person shall con2 stitute a basis for resolving the hearing in that 

3 person’s favor. 

4 ‘‘(I) WRITTEN DETERMINATION.—The 

5 neutral decision maker shall issue a written de6 termination within 5 business days of the con7 clusion of the placement hearing. Any finding 

8 that an incarcerated person meets the criteria 

9 of placement in an alternative unit in subpara10 graph (A) shall be supported by clear and con11 vincing evidence. The determination shall speci12 fy the finding, a summary of each witness’s tes13 timony and an explanation of whether their tes14 timony was credited or rejected, the evidence 

15 relied upon in reaching the finding, and the 

16 placement imposed, if any. A copy of the deter17 mination shall be provided to the incarcerated 

18 person and their chosen representative within 

19 24 hours of the issuance of the determination. 

20 ‘‘(5) USE OF RESTRAINTS.— 

21 ‘‘(A) IN GENERAL.—No person incarcer22 ated in a Federal facility shall be placed in re23 straints unless subject to the following provi24 sions: 


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1 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

2 shall not apply if facility staff make an individ3 ualized determination at the time of, or imme4 diately following, an incident precipitating 

5 placement in restraints that such restraints are 

6 necessary to prevent a specific and significant 

7 risk of imminent serious physical injury to the 

8 individual, other incarcerated persons, or staff 

9 based on concrete evidence of such risk. 

10 ‘‘(C) LEAST RESTRICTIVE FORM.—The 

11 least restrictive form of restraints shall be used 

12 for no longer than necessary to abate such spe13 cific and significant risk of imminent serious 

14 physical injury, and in no circumstances shall 

15 continue beyond 4 hours unless a supervisory 

16 medical provider determines that such re17 straints are necessary to prevent such risk. 

18 ‘‘(D) PLACEMENT HEARING REQUIRED.— 

19 Restraints shall not be used on the same indi20 vidual on consecutive days unless a placement 

21 hearing with protections established under 

22 paragraphs (3) and (4) establishes such re23 straints are necessary to prevent a specific and 

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1 sons, or staff based on concrete evidence of 

2 such risk, and subject to the same limitations 

3 each day as set forth in this paragraph. Any re4 peated use of restraints approved at such a due 

5 process hearing shall be no longer than 3 days, 

6 subject to the same limitations each day as set 

7 forth in this paragraph, meaningfully reviewed 

8 by a supervisory medical provider at least daily, 

9 and discontinued once restraints are no longer 

10 necessary to prevent a specific and significant 

11 risk of imminent serious physical injury to the 

12 individual, other incarcerated persons, or staff. 

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

14 Once an approved use of restraints has been 

15 discontinued, any subsequent use of restraints 

16 on that person shall only be permitted to ad17 dress a new incident and upon the same re18 quirements under this paragraph. 

19 ‘‘(6) SPECIAL ADMINISTRATIVE MEASURES.— 

20 Special administrative measures shall be prohibited 

21 in all Federal facilities. 

22 ‘‘(b) REPORT REQUIRED.—Within 15 days of the end 

23 of each quarter of the fiscal year, each Federal agency 

24 shall report on the website of such Federal agency the fol25 lowing: 


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1 ‘‘(1) The total number of incidents at each fa2 cility operated by the Federal agency during the pre3 ceding quarter of self-harm, suicide attempts, and 

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

5 documented mental health status, documented dis6 ability, pregnancy or postpartum status, identifica7 tion as lesbian, gay, bisexual, transgender, intersex, 

8 or gender nonconforming, type of housing unit in9 cluding confinement under subsections (a)(2)(B)(iii), 

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

11 and length of time in such housing unit. 

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

13 facility during the preceding quarter, separately list14 ed, in confinement under subsections (a)(2)(B)(iii), 

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

16 under subsection (a)(2)(E), and in any other alter17 native units under subsection (a)(2)(E) during that 

18 quarter. 

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

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

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

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

23 under subsection (a)(2)(E), and in any other alter24 native units under (a)(2)(E), disaggregated by race, 

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1 tus, documented disability, pregnancy or postpartum 

2 status, identification as lesbian, gay, bisexual, 

3 transgender, intersex, or gender nonconforming, and 

4 reason for placement. 

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

6 facility during the preceding quarter, separately list7 ed, for which confinement under subsections 

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

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

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

11 4 hours, with a listing of the length of time of each 

12 placement that exceeded 4 hours. 

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

14 who had reached a total period of time during the 

15 preceding quarter, separately listed, in confinement 

16 under (a)(2)(B)(iii), in protective custody under sub17 section (a)(2)(E), and in any other alternative units 

18 under (a)(2)(E) of less than 7 days, between 8 days 

19 and 15 days, between 16 days and 30 days, between 

20 31 days and 45 days, between 46 days and 60 days, 

21 and for longer than 60 days, with a listing of the 

22 length of time of each person who had reached a pe23 riod of time during the preceding quarter that ex24 ceeded a total of 60 days in such confinement or 

25 housing. 


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1 ‘‘(c) PRIVATE CAUSE OF ACTION.— 

2 ‘‘(1) IN GENERAL.—Any person who is injured 

3 by a violation of subsection (a) may bring a civil ac4 tion in the appropriate United States district court 

5 against any person, entity, or any other relevant 

6 party who violated such subsection for declaratory 

7 and injunctive relief, including directing the closure 

8 of the facility, building, or unit where the violation 

9 took place if that facility, building, or unit is in re10 peated and systemic noncompliance with this Act, 

11 and for such money damages as the court deter12 mines appropriate, including for emotional pain and 

13 suffering. The court may, in addition, award reason14 able attorney’s fees and costs of the action to a pre15 vailing plaintiff. 

16 ‘‘(2) NO LIABILITY FOR CERTAIN

17 LOCKDOWNS.—No Federal agency shall be liable for 

18 a Federal agency-wide, facility-wide, or partial facil19 ity-wide lockdown that exceeded the 4-hour limit in 

20 subsection (a)(2)(B)(v) if the agency can dem21 onstrate that— 

22 ‘‘(A) the lockdown, and the length of the 

23 time of the lockdown, was necessary to address 

24 unexpected, extraordinary circumstances involv25 ing the detonation of an explosive device, an 


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1 acute mass contamination or contagion situa2 tion, a violent riot, revolt, or insurrection in3 volving a large number of people that resulted 

4 in the taking of a hostage, major property dam5 age, or serious physical harm to a person, or 

6 other similar emergency of the same magnitude 

7 involving a large group of people; 

8 ‘‘(B) the head of facility who authorized 

9 the lockdown complied with all notification re10 quirements, and received approval from the 

11 agency regional or field office, or equivalent of12 fice responsible for oversight of the facility, at 

13 the time the lockdown lasted longer than 4 

14 hours; 

15 ‘‘(C) the head of the applicable Federal 

16 agency approved of the lockdown if the 

17 lockdown exceeded 8 hours and the approval oc18 curred at that time; 

19 ‘‘(D) the lockdown was ended as quickly as 

20 possible, did not last longer than necessary to 

21 address the unexpected, extraordinary cir22 cumstances, and did not exceed 24 hours; and 

23 ‘‘(E) the lockdown was not used as a sub24 stitute for medical isolation or quarantine nor 

25 individual lock-ins pursuant to subsections 


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1 (a)(2)(B)(iii) and (a)(2)(B)(iv), nor as a way to 

2 circumvent the time limits or protections for 

3 people held under those subsections. 

4 ‘‘(3) Any person who is injured by a violation 

5 of the U.S. Constitution by a Federal official or per6 son contracting with a Federal agency in a Federal 

7 facility may bring a civil action in the appropriate 

8 United States district court against any person, enti9 ty, or relevant party who violated such constitutional 

10 provision for declaratory and injunctive relief, in11 cluding directing the closure of the facility, building, 

12 or unit where the violation took place, and for such 

13 money damages as the court determines appropriate, 

14 including for emotional pain and suffering. The 

15 court may, in addition, award reasonable attorney’s 

16 fees and costs of the action to a prevailing plain17 tiff.’’. 

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

19 for chapter 301 of title 18, United States Code, is amend20 ed by inserting after the item relating to section 4014 the 

21 following: 

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

22 SEC. 4. OVERSIGHT. 

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

24 States Code, is further amended by adding at the end the 

25 following: 


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1 ‘‘§ 4016. Oversight 

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

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

4 the Attorney General, in consultation with the Assistant 

5 Attorney General for Civil Rights at the Department of 

6 Justice, Officer for Civil Rights and Civil Liberties at the 

7 Department of Homeland Security, and Director of the 

8 Office for Civil Rights at the Department of Health and 

9 Human Services, shall establish a community monitoring 

10 body that shall operate independently of the Attorney Gen11 eral and of any other unit or division within the Depart12 ment of Justice and any other Federal agency. 

13 ‘‘(b) APPOINTMENT.—The Attorney General, in con14 sultation with the Assistant Attorney General for Civil 

15 Rights at the Department of Justice, Officer for Civil 

16 Rights and Civil Liberties at the Department of Homeland 

17 Security, and Director of the Office for Civil Rights at 

18 the Department of Health and Human Services, and after 

19 obtaining input and recommendations from community or20 ganizations that provide educational services and legal 

21 support to incarcerated persons or otherwise advocate for 

22 the rights of incarcerated people and an end to solitary 

23 confinement, shall appoint no less than 15 people to serve 

24 as members of the community monitoring body. 

25 ‘‘(c) MEMBERSHIP.—Each member of the community 

26 monitoring body shall be a person who has survived soliVerDate Sep 11 2014 03:37 Aug 15, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4972.IH H4972

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1 tary confinement, has had loved ones in solitary confine2 ment or lost loved ones because of solitary confinement, 

3 is a faith leader, medical or mental health professional, 

4 or is a civil rights or human rights advocate. All members 

5 shall have had some experience engaging in advocacy, 

6 service provision, or program operation aimed at enhanc7 ing the rights and treatment of people incarcerated. No 

8 less than half of all members shall be people who have 

9 been incarcerated or have had family members incarcer10 ated. 

11 ‘‘(d) MEMBERSHIP TERM.—Members of the commu12 nity monitoring body shall be appointed for a term of 5 

13 years, with the possibility of 1 reappointment by the Attor14 ney General for a total of 10 years. Each member shall 

15 be reimbursed by the Department of Justice for their per 

16 diem expenses in connection with service on the commu17 nity monitoring body. 

18 ‘‘(e) ASSISTANCE.—The community monitoring body 

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

20 work of the community monitoring body. 

21 ‘‘(f) ACCESS.—Notwithstanding any other provision 

22 of law, the community monitoring body and its designees 

23 shall have the ability to make unannounced visits to Fed24 eral agencies and Federal facilities, and have access to 


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1 every area of every Federal facility and all nonclassified, 

2 nonprivileged data from every Federal agency. 

3 ‘‘(g) IN-PERSON INTERVIEWS.—The community 

4 monitoring body and its designees shall have the ability 

5 to conduct in-person interviews and correspond and com6 municate with incarcerated persons and Federal agency 

7 and Federal facility staff freely, privately, and confiden8 tially, upon consent of the incarcerated person or staff. 

9 ‘‘(h) MEETINGS.—Administrators of each Federal 

10 agency and facility shall meet privately with the commu11 nity monitoring body or its designees upon request. 

12 ‘‘(i) CONFIDENTIAL COMMUNICATIONS.—(1) All peo13 ple incarcerated in Federal facilities shall have the right 

14 and access to confidentially communicate with the commu15 nity monitoring body and its designees, including while the 

16 community monitoring body or its designees are at a Fed17 eral facility and through free phone calls, free mail cor18 respondence, and free email correspondence. These com19 munications shall be afforded the same levels of protec20 tion, confidentiality, and privilege as attorney-client cor21 respondence. 

22 ‘‘(2) No person shall face any form of retaliation or 

23 adverse impact for having contact with, or being perceived 

24 to have had contact with, the community monitoring body 

25 or its designees. 


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1 ‘‘(3) An incarcerated person shall not be required to 

2 raise a complaint with the community monitoring body be3 fore seeking other remedies in connection with that com4 plaint. 

5 ‘‘(j) ELECTRONIC EQUIPMENT.—The community 

6 monitoring body and its designees shall have the right to 

7 bring and use electronic equipment in any Federal facility, 

8 including video cameras, photographic cameras, audio re9 cording devices, mobile telephones, computers, and tablets, 

10 for the purposes of recording, documentation, administra11 tion of surveys, and other related purposes. 

12 ‘‘(k) ACCESS TO CERTAIN INFORMATION.—(1) The 

13 community monitoring body and its designees shall have 

14 the right to receive, access, inspect, and copy all relevant 

15 non-classified, non-privileged information, records, and 

16 documents in the possession or control of any Federal fa17 cility, Federal agency, or employee of any Federal facility 

18 or Federal agency. 

19 ‘‘(2) The community monitoring body and its des20 ignees shall receive any such records within 7 days of a 

21 request to the head of a Federal facility or Federal agency. 

22 Where the records requested by the community monitoring 

23 body or its designees pertain to a death of an incarcerated 

24 person, threats of bodily harm including sexual or physical 

25 assaults, or the denial of necessary medical treatment, the 


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1 records shall be provided within 48 hours unless members 

2 of the community monitoring body or their designees con3 sent to an extension of the deadline. 

4 ‘‘(l) RECOMMENDATIONS.—The community moni5 toring body may make periodic recommendations to any 

6 Federal agency or Federal facility, as well as to the Presi7 dent, Attorney General, Secretary of Homeland Security, 

8 Secretary of Health and Human Services, House Com9 mittee on the Judiciary, House Committee on Oversight 

10 and Accountability, Senate Committee on the Judiciary, 

11 Senate Committee on Homeland Security and Govern12 mental Affairs, and other government entities. For any 

13 recommendations made by the community monitoring 

14 body to each Federal agency or Federal facility, such 

15 agency or facility shall report to the community moni16 toring body within 90 days whether it has designed and 

17 implemented a remedial action plan to address the rec18 ommendations, and transmit any such remedial action 

19 plan to the community monitoring body. The community 

20 monitoring body may publish its findings and rec21 ommendations on its website. 

22 ‘‘(m) ACCESS FOR CERTAIN INDIVIDUALS.—Rep23 resentatives of the news media, public defenders, Legal 

24 Orientation Program representatives, elected Federal, 


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1 State, and local representatives, and their designees, shall 

2 have the ability to— 

3 ‘‘(1) make unannounced visits to Federal agen4 cies and Federal facilities and access every area of 

5 every Federal facility, except that access to enter the 

6 cell of a person incarcerated in the Federal facility 

7 shall only be granted with the consent of the person 

8 housed in that cell, and to enter a bathroom or 

9 shower area when such areas are unoccupied by peo10 ple incarcerated in the Federal facility; 

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

12 the Freedom of Information Act (5 U.S.C. 552), or 

13 any successor thereto, all requested data from every 

14 Federal agency that has people in its care or cus15 tody; and 

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

17 ability to take notes and use electronic and other re18 cording devices, incarcerated persons freely, pri19 vately, and confidentially upon their consent. 

20 ‘‘(n) INSPECTORS GENERAL.—Nothing in this section 

21 shall be construed to modify, supersede, or otherwise af22 fect the authority of any Inspector General to access all 

23 records, reports, audits, reviews, documents, papers, rec24 ommendations, or other materials, as authorized by law.’’. 


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

2 for chapter 301 of title 18, United States Code, is amend3 ed by inserting after the item relating to section 4015 as 

4 added by section 3 the following: 

‘‘4016. Oversight.’’. 

5 SEC. 5. CREATING STATE INCENTIVES TO END SOLITARY 

6 CONFINEMENT. 

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

8 States Code, is further amended by inserting after section 

9 4016, as amended in section 4, the following: 

10 ‘‘§ 4017. Creating State incentives to end solitary con11 finement 

12 ‘‘(a) IN GENERAL.—Any State or local entity receiv13 ing any Federal funds from section 500 of the Omnibus 

14 Crime Control and Safe Streets Act of 1968 (34 U.S.C. 

15 10151 et seq.) shall annually certify to the Attorney Gen16 eral with comprehensive documentation that the State or 

17 local entity has in effect (or shall have in effect, not later 

18 than 6 months after the date of enactment of this Act) 

19 laws, policies, and programs that substantially comply 

20 with section 3 of this Act to fully and meaningfully end 

21 solitary confinement and ensure all people in the States’ 

22 and localities’ prisons, jails, and detention centers, have 

23 access to at least 14 hours of out-of-cell congregate inter24 action in a shared space, without physical barriers, that 

25 is conducive to meaningful group interaction. 


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

2 that begins after the date of enactment of this Act, in the 

3 case of a State or local entity that is not in substantial 

4 compliance with section 3 of the End Solitary Confine5 ment Act, or an amendment made by such Act, the Attor6 ney General shall reduce by at least 10 percent the total 

7 amount that such State or unit of local government would 

8 otherwise receive from section 500 of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (34 U.S.C. 10151 

10 et seq.), except that funding for public defenders, commu11 nity-based mental health care, community-based drug 

12 treatment, community-based violence interruption, and 

13 other similar community-based non-carceral and non-po14 licing services shall be exempted from any reductions.’’. 

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 4016 as 

18 added by section 4 the following: 

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

19 SEC. 6. DEFINITIONS. 

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

21 States Code, is further amended by inserting after section 

22 401,7 as amended in section 5, the following: 

23 ‘‘§ 4018. Certain definitions. 

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


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1 ‘‘(1) ALTERNATIVE UNIT.—The term ‘alter2 native unit’ means any unit that is separate from 

3 the general facility population or is in any way more 

4 restrictive than the general facility population in 

5 terms of access to programming, services, or other 

6 aspects of daily life. 

7 ‘‘(2) ATTEMPTING.—The term ‘attempting’ 

8 means having the intent to carry out a particular act 

9 and completing significant steps in the advancement 

10 of the attempt. Evidence of withdrawal or abandon11 ment of a plan to carry out the act shall negate a 

12 finding of intent. 

13 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal 

14 agency’ means the Federal Bureau of Prisons, U.S. 

15 Immigration and Customs Enforcement, Department 

16 of Homeland Security, U.S. Customs and Border 

17 Protection, Office of Refugee Resettlement, United 

18 States Marshals Service, Department of Health and 

19 Human Services, any other Federal agency that has 

20 people in its care or custody, and any Federal, 

21 State, local, or private entity that has contracted 

22 with any of these or other Federal agencies for hold23 ing or providing services to people in their care or 

24 custody. 


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1 ‘‘(4) FEDERAL FACILITY.—The term ‘Federal 

2 facility’ means a Federal Bureau of Prisons facility, 

3 U.S. Immigration and Customs Enforcement facil4 ity, Department of Homeland Security facility, U.S. 

5 Customs and Border Protection facility, Office of 

6 Refugee Resettlement facility, United States Mar7 shals Service facility, Department of Health and 

8 Human Services facility, any other facility operated 

9 by a Federal agency that has people in its care or 

10 custody, and any Federal, State, local, or private fa11 cility that has contracted with any Federal agencies 

12 for incarcerating people in their care or custody or 

13 providing services to incarcerated people in their 

14 care or custody. 

15 ‘‘(5) HEALTH CARE STAFF.—The term ‘health 

16 care staff’ means people who are employed, con17 tracted, or volunteer to provide medical, mental, and 

18 behavioral health care services at a Federal facility. 

19 ‘‘(6) INCARCERATED.—The term ‘incarcerated’ 

20 means being held in a Federal facility for any rea21 son. 

22 ‘‘(7) MENTAL HEALTH NEED.—The term ‘men23 tal health need’ means having any current mental 

24 health diagnosis by any medical or mental health 


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1 professional, or having had any such mental health 

2 diagnosis in the previous two years. 

3 ‘‘(8) MULTIDISCIPLINARY TEAM.—The term 

4 ‘multidisciplinary team’ means a group of staff or 

5 other people working or operating in a Federal facil6 ity who have different professional backgrounds and 

7 roles in the facility, and which shall include program 

8 and health care staff. 

9 ‘‘(9) PLACEMENT HEARING.—The term ‘place10 ment hearing’ means an administrative hearing to 

11 determine whether a person may be placed in an al12 ternative unit in a Federal facility. 

13 ‘‘(10) PROTECTIVE CUSTODY.—The term ‘pro14 tective custody’ means any housing of a person for 

15 their own protection. 

16 ‘‘(11) REPRESENTATIVE OF THE NEWS

17 MEDIA.—The term ‘representative of the news 

18 media’ means any person or entity that gathers in19 formation of potential interest to a segment of the 

20 public, uses its editorial skills to turn the raw mate21 rials into a distinct work, and distributes that work 

22 to an audience. 

23 ‘‘(12) SOLITARY CONFINEMENT.—The term 

24 ‘solitary confinement’ means being confined in a cell 


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1 or other space without access to meaningful group 

2 interaction in a shared space. 

3 ‘‘(13) SPECIAL ADMINISTRATIVE MEASURES.— 

4 The term ‘special administrative measures’ means 

5 the special administrative measures under section 

6 501.3 of title 28 of the Code of Federal Regulations, 

7 or any successor thereto. 

8 ‘‘(14) SUPERVISORY MEDICAL PROVIDER.—The 

9 term ‘supervisory medical provider’ means a prac10 ticing doctor, nurse practitioner, or physician assist11 ant who has supervisory responsibilities over other 

12 medical staff in a Federal facility.’’. 

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

14 for chapter 301 of title 18, United States Code, is amend15 ed by inserting after the item relating to section 4018 as 

16 added by section 5 the following: 

‘‘4018. Certain definitions.’’. 

17 SEC. 7. REMOVAL OF LIMITATION ON RECOVERY ON CER18 TAIN SUITS BY INCARCERATED PEOPLE. 

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

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

21 follows: 

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

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

24 prison, or other correctional facility, for mental or emo25 tional injury suffered while in custody without a prior 


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

2 (as defined in section 2246 of title 18), or placement in 

3 solitary confinement or an alternative unit (as defined in 

4 section 4015 of title 18).’’. 

5 SEC. 8. REVISIONS TO STANDARD OPERATING PROCE6 DURES AND STANDARDS. 

7 Each Federal agency shall incorporate the require8 ments of this Act into the relevant standards and proce9 dures governing confinement and shall monitor compliance 

10 with the requirements of 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 U.S. 

22 Marshal Service; Buildings and Facilities Appropria23 tions for the Department of Health and Human 

24 Services, including the Administration for Children 


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1 and Families and the Office of Refugee Resettle2 ment; 

3 (4) Federal agency to construct facilities where 

4 people will be incarcerated or to construct or ren5 ovate buildings or spaces within facilities where peo6 ple are or will be incarcerated; and 

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

9 mechanisms restricting a person’s or people’s move10 ment 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 the application thereof 

15 to any person or circumstance is held invalid, the remain16 der of this Act, or the application of that provision to per17 sons or circumstances other than those as to which it is 

18 held invalid, is not affected thereby. 

19 SEC. 11. EFFECTIVE DATE. 

20 This Act and the amendments made by this Act shall 

21 take full effect no later than 60 days after the date of 

22 enactment of this Act. 

Æ 


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