pregnant and post-partum women are not held 
in solitary confinement for any duration; 
(L) ensuring that correctional facility offi-
cers work towards systems that limit the cir-
cumstances and conditions under which juve-
niles are placed in solitary confinement, in com-
pliance with section 5043 of title 18, United 
States Code; 
(M) State and local governments making 
publicly available, on a monthly basis, informa-
tion, disaggregated by the demographic charac-
teristics of incarcerated individuals, on the use 
of solitary confinement, segregation, and any 
other form of restrictive housing in correctional 
facilities in the jurisdiction, including— 
(i) the average daily number and per-
centage of incarcerated individuals in each 
placement; 
(ii) the total number of such place-
ments; 
(iii) the reasons for such placements; 
(iv) the duration incarcerated individ-
uals spent in each placement; 
(v) the duration of daily out-of-cell 
time and congregate programming for in-
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carcerated individuals in each placement; 
and 
(vi) the number and percentage self- 
harm incidents, suicide attempts, suicides, 
and deaths broken down by cause, for in-
carcerated individuals in each placement; 
(N) ensuring that correctional facilities 
have in place an independent oversight proc-
esses related to the use of solitary confinement 
and segregation; and 
(O) such other matters as may reasonably 
be related to the goal of reducing solitary con-
finement in correctional facilities. 
(3) LIMITATION.—The Commission shall not 
propose a recommended standard that would impose 
substantial additional costs compared to the costs 
presently expended by correctional facilities, and 
shall seek to propose standards that reduce the costs 
of incarceration at such facilities. 
(f) CONSULTATION WITH ACCREDITATION ORGANI-
ZATIONS.—In developing recommended national standards 
for the reduction of solitary confinement under subsection 
(e), the Commission shall consider any standards, laws, 
and policies that have already been developed, or are being 
developed simultaneously to the deliberations of the Com-
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mission. The Commission shall consult with accreditation 
organizations responsible for the accreditation of correc-
tional facilities that have developed or are developing 
standards related to solitary confinement. The Commis-
sion shall also consult with national associations rep-
resenting the corrections profession, the legal profession, 
the medical profession, people who are incarcerated, or 
any other pertinent professional body that has developed 
or is developing standards related to solitary confinement. 
(g) HEARINGS.— 
(1) IN GENERAL.—The Commission shall hold 
public hearings. The Commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
Commission considers advisable to carry out its du-
ties under this section. 
(2) WITNESS EXPENSES.—Witnesses requested 
to appear before the Commission shall be paid the 
same fees as are paid to witnesses under section 
1821 of title 28, United States Code. The per diem 
and mileage allowances for witnesses shall be paid 
from funds appropriated to the Commission. 
(3) VIRTUAL HEARINGS PERMITTED.—Hearings 
held under this subsection may be held virtually. 
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(h) INFORMATION FROM FEDERAL OR STATE AGEN-
CIES.—The Commission may secure directly from any 
Federal department or agency such information as the 
Commission considers necessary to carry out its duties 
under this section. The Commission may request the head 
of any State or local department or agency to furnish such 
information to the Commission. 
(i) PERSONNEL MATTERS.— 
(1) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of service for the Commission. 
(2) DETAIL OF FEDERAL EMPLOYEES.—With 
the affirmative vote of 2⁄3 of the Commission, any 
Federal Government employee, with the approval of 
the head of the appropriate Federal agency, may be 
detailed to the Commission without reimbursement, 
and such detail shall be without interruption or loss 
of civil service status, benefits, or privileges. 
(3) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—Upon the request of the Com-
mission, the Attorney General shall provide reason-
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able and appropriate office space, supplies, and ad-
ministrative assistance. 
(j) CONTRACTS FOR RESEARCH.— 
(1) NATIONAL INSTITUTE OF JUSTICE.—With a 
2⁄3 affirmative vote, the Commission may select non-
governmental researchers and experts to assist the 
Commission in carrying out its duties under this 
Act. The National Institute of Justice shall contract 
with the researchers and experts selected by the 
Commission to provide funding in exchange for their 
services. 
(2) OTHER ORGANIZATIONS.—Nothing in this 
subsection shall be construed to limit the ability of 
the Commission to enter into contracts with other 
entities or organizations for research necessary to 
carry out the duties of the Commission under this 
section. 
(k) TERMINATION.—The Commission shall terminate 
on the date that is 60 days after the date on which the 
Commission submits the reports required by this section. 
(l) EXEMPTION.—The Commission shall be exempt 
from the Federal Advisory Committee Act. 
(m) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $500,000 for each of fiscal 
years 2023 and 2024. 
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the chief executive of each State, the head of the de-
partment of corrections of each State, the head of 
the department of juvenile justice of each State, and 
to the appropriate authorities in those units of local 
government who oversee operations in one or more 
correctional facilities. 
(b) APPLICABILITY TO FEDERAL AGENCIES.—Imme-
diately upon adoption of the final rule under subsection 
(a)(1), the national standards referred to in subsection (a) 
shall apply to each Federal agency that detains or incar-
cerates individuals (including aliens), and to any entity 
with which a Federal agency has a contract for the detain-
ment or incarceration of individuals. 
SEC. 5. GRANT PROGRAM FOR MENTAL HEALTH IN COR-
RECTIONAL FACILITIES. 
(a) AUTHORIZATION.—Beginning in the first fiscal 
year that begins after the date on which the Attorney Gen-
eral issues the final rule under subsection (a)(1), the At-
torney General is authorized to make grants to States for 
the purposes described in subsection (b). 
(b) USES
OF FUNDS.—Grants under this section 
shall be used solely for purposes of community-based pre-
vention and education programs, community-based mental 
health care, or community-based drug treatment or harm 
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reduction, including for purposes of diversion from incar-
ceration or release from incarceration. 
(c) APPLICATION.—The chief executive of a State 
seeking a grant under this section shall submit to the At-
torney General an application at such time, in such man-
ner, and containing such information as the Attorney Gen-
eral may reasonably require. 
(d) ELIGIBILITY.—In order to be eligible for a grant 
under this section, a State shall be in compliance with the 
national standards for the reduction of solitary confine-
ment in correctional facilities described in section 4(a)(1). 
(e) ALLOCATION.—Of the total amount appropriated 
under this part in any fiscal year— 
(1) 0.4 percent shall be allocated to each of the 
participating States; 
(2) 7 percent shall be reserved to provide tech-
nical assistance to States in complying with the na-
tional standards for the reduction of solitary con-
finement in correctional facilities described in section 
4(a)(1); and 
(3) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated 
to each of the participating States an amount which 
bears the same ratio to the amount of remaining 
funds described in this paragraph as the State cor-
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rectional facility population of such State bears to 
the total correctional facility population of all the 
participating States. 
(f) LIMITATION.—Not more than 5 percent of grant 
funds received by a State may be used for administrative 
purposes. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $20,000,000 for each of fis-
cal years 2023 and 2024 to carry out this section. 
SEC. 6. DEFINITIONS. 
For purposes of this Act, the following definitions 
shall apply: 
(1) ATTORNEY GENERAL.—The term ‘‘Attorney 
General’’ means the Attorney General of the United 
States. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the National Solitary Confinement Study and 
Reform Commission established under section 3 of 
this Act. 
(3) LONG-TERM.—The term ‘‘long-term’’ means 
any period lasting more than 15 days in a 60-day 
period. 
(4) SOLITARY CONFINEMENT.—The term ‘‘soli-
tary confinement’’ means confinement of an incar-
cerated individual or juvenile detainee in a cell or 
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other place, alone or with other persons, with se-
verely restricted activity, movement, and social inter-
action. 
(5) SEGREGATION.—The term ‘‘segregation’’ 
means housing of an incarcerated individual sepa-
rate from the general population of a correctional fa-
cility. 
(6) CORRECTIONAL FACILITY.—The term ‘‘cor-
rectional facility’’ means a Federal, State, local, or 
privately run prison, jail, or juvenile detention facil-
ity. 
(7) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, American Samoa, Guam, and the Northern 
Mariana Islands. 
SEC. 7. RULE OF CONSTRUCTION RELATED TO BIVENS 
REMEDIES. 
Consistent with the Supreme Court’s decisions in 
Carlson v. Green, 446 U.S. 14 (1980) and Farmer v. 
Brennan, 511 U.S. 825 (1994), Congress recognizes that 
people in prison and detention may bring a Bivens action 
to seek damages for violations of their Constitutional 
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rights in prison, and nothing in this Act may be construed 
to limit that remedy. 
Æ 
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