,,ii #aaith ,,congress #ast ,session ,s4 #bdgg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bh1 #bjbe,mr4 ,markey 7for himself1 ,ms4 ,warren1 ,mr4 ,sanders1 ,ms4 ,hirono1 and ,mr4 ,merkley7 introduced the following bill2 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 contract4 #a4 ,short title ,this ,act may be cited as the ,end ,solitary ,confinement ,act4 #b4 ,findings ,congress finds that-- 7#a7 the use of solitary confinement as a carceral practice causes devastating harm and constitutes a form of torture2 7#b7 solitary confinement of any length of time1 measured in days or even hours1 can cause self-mutilation1 suicide1 heart disease1 anxiety1 depression1 psychosis1 mental and physical deterioration1 and a significantly heightened risk of death2 7#c7 over #abj1jjj people are estimated to be in solitary confinement on any given day in ,federal1 ,state1 local1 and immigration detention facilities2 7#d7 solitary confinement and other forms of restrictive housing and practices are disproportionately inflicted on ,black1 ,latinx1 ,native1 and other people of color1 as well as transgender and gender nonconforming people1 people with mental health needs1 and young people2 7#e7 survivors of solitary confinement often carry significant trauma and other physical and psychological harm with them for the rest of their lives2 7#f7 solitary confinement has directly caused the deaths of far too many people and has increased violence and harm in prisons1 detention facilities1 and communities2 7#g7 solitary confinement derives from1 and helps perpetuate1 a horrific and brutal incarceration system that is rooted in racism and focuses on extreme punishment and abuse1 rather than on providing opportunities for growth1 healing1 redemption1 and transformation2 7#h7 the ,united ,states is an outlier among advanced democracies in the use of solitary confinement2 7#i7 evidence shows that out-of-cell1 prosocial engagement and programming increase safety1 well-being1 and reentry outcomes2 7#aj7 solitary confinement is expensive1 and cost analyses at the ,federal and ,state levels indicate that the elimination of solitary confinement would save taxpayers billions of dollars2 and 7#aa7 solitary confinement is costly to taxpayers1 does not make communities safer1 jeopardizes the safety of incarcerated people and correctional staff1 constitutes inhumane and degrading treatment1 and has no place in a civilized society4 #c4 ,ending solitary confinement and establishing minimum standards 7a7 ,in general ,chapter #cja of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #djae4 ,ending solitary confinement and establishing minimum standards 7a7 ,prohibition on the use of solitary confinement and establishment of minimum standards 7#a7 ,in general ,except in the circumstances described in paragraph 7#b77;,b71 a person incarcerated in a ,federal facility may not be placed in solitary confinement4 7#b7 ,minimum standards for out-of-cell time and meaningful human engagement 7,a7 ,congregate interaction required ,except as provided in clauses 7iii7 and 7iv7 of subparagraph 7,b71 all persons incarcerated in a ,federal facility1 regardless of housing unit or detention status1 shall have access to not less than #ad hours per day of out-of-cell congregate interaction in a shared space1 without physical barriers1 that is conducive to meaningful group interaction1 including access to-- 7i7 not less than #g hours per day of structured out-of-cell1 congregate programming led by a staff member1 incarcerated person1 or community member1 including access to educational1 vocational1 volunteer1 mental health1 violence prevention1 alcohol and substance use treatment1 financial1 religious1 and reentry programming2 7ii7 not less than #a hour per day of out-of-cell congregate recreation2 and 7iii7 other unstructured out-of-cell congregate activities1 including time in a day room or equivalent space1 meals1 library and law library1 legal visits1 social and legal telephone calls1 contact social visitation without physical barriers1 and personal property and commissary4 7,b7 ,prohibition on solitary confinement ,a person incarcerated in a ,federal facility may not be placed in solitary confinement unless such placement is necessary-- 7i7 at night for count or sleep1 not to exceed #h hours in any #bd-;hour period2 7ii7 during the day for count or required facility business that can only be carried out while a person incarcerated in a ,federal facility is placed in a cell1 not to exceed #b hours during any #bd-;hour period2 7iii7 subject to subparagraphs 7,c7 and 7,d71 in an emergency situation as a last resort1 only if necessary to de-escalate immediate circumstances that pose a specific and significant risk of imminent serious physical injury to the person1 staff1 or other incarcerated persons1 and for as short a time as necessary to de-escalate such circumstances1 not to exceed-- 7,i7 #d hours total immediately following such emergency situation2 7,,ii7 #d hours total during any #bd-;hour period2 or 7,,iii7 #ab hours total during any #g-;day period2 or 7iv7 as part of a ,federal agency-wide1 ,federal facility-wide1 or partial ,federal facility-wide lockdown1 and-- 7,i7 only if a head of a ,federal facility or ,federal agency has determined the lockdown is necessary to de-escalate an emergency that involves several incarcerated persons and poses a specific and significant risk of imminent serious physical injury to the staff or incarcerated persons2 7,,ii7 only when there are no less restrictive means to address an emergency1 as a last resort after exhausting less restrictive measures2 7,,iii7 if the lockdown is confined to as narrow an area as possible and to as limited number of people as possible2 and 7,,iv7 if the lockdown is reviewed every hour by the head of the ,federal facility or ,federal agency1 with notification provided to the ,federal agency regional or field office1 or equivalent office responsible for oversight of the ,federal facility1 beginning at the time the lockdown has lasted #b hours1 and is lifted as quickly as possible1 provided that such lockdown shall not exceed-- 7aa7 #d hours total from the time at which the lockdown starts2 7bb7 #d hours total during any #bd-;hour period2 or 7cc7 #ab hours total during any #g-;day period4 7,c7 ,de-escalation and engagement 7i7 ,in general ,with respect to any placement pursuant to subparagraph 7,b77iii71 ,federal facility staff shall meet with the incarcerated person not less frequently than once per hour to attempt de-escalation1 work toward the release of the person from such confinement1 and determine whether it is necessary to continue to hold the person in such confinement1 and with respect to any placement pursuant to clause 7iii7 or 7iv7 of subparagraph 7,b7 or any placement pursuant to subparagraph 7,g71 health care staff must conduct a thorough medical1 mental health1 social1 and behavioral assessment upon admission to such placement1 conduct meaningful check-ins every #ae minutes to engage with the person in custody1 evaluate and treat any urgent health needs1 and attempt de-escalation4 7ii7 ,relocation by health care staff ,if health care staff determines an incarcerated person should be removed from solitary confinement for assessment or treatment purposes1 or because of a negative impact of such confinement1 the person shall be relocated to an appropriate setting as determined by health care staff4 7iii7 ,assessment 7,i7 ,in general ,health care staff must conduct a thorough medical1 mental health1 social1 and behavioral assessment of any person who would have been placed in confinement under subparagraph 7,b77iii7 but who is prohibited from such placement under subparagraph 7,d74 7,,ii7 ,treatment ,health care staff shall subsequently treat any health needs identified in an assessment conducted under subclause 7,i74 7,d7 ,prohibition on involuntary confinement ,no person may be involuntarily confined in a cell under subparagraph 7,b77iii7 who-- 7i7 is #be years of age or younger2 7ii7 is #ee years of age or older2 7iii7 has a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb72 7iv7 has any diagnosed mental health need2 7v7 is pregnant1 in the first #ab weeks of the postpartum recovery period after giving birth1 experiencing a miscarriage1 or terminating a pregnancy1 or longer if medically necessary1 or caring for a child in a facility program2 or 7vi7 has identified as1 or is known or perceived by any facility staff to be1 lesbian1 gay1 bisexual1 transgender1 intersex1 or gender nonconforming4 7,e7 ,requirements for separation 7i7 ,in general ,if a ,federal facility determines that a person must be separated from the general facility population1 including any placement in protective custody1 for any reasons other than1 or in a manner other than as provided under clauses 7iii7 and 7iv7 of subparagraph 7,b71 such separation in an alternative unit must-- 7,i7 comply with-- 7aa7 subparagraphs 7,a7 and 7,f72 and 7bb7 paragraphs 7#c71 7#d71 and 7#e72 and 7,,ii7 provide appropriate1 high quality medical assessment and care and provide access to out-of-cell1 congregate1 trauma-informed1 therapeutic programming aimed at promoting personal development1 addressing underlying causes of problematic behavior resulting in the alternative unit placement1 and helping prepare for discharge from the unit to the general population and to the community4 7ii7 ,assessment 7,i7 ,in general ,immediately upon placement in an alternative unit1 health care staff shall conduct a thorough medical1 mental health1 social1 and behavioral assessment and subsequently treat any health needs that result from such assessment4 7,,ii7 ,cognitive impairment evaluation ,for a person who is aged #ee or over1 and for any other person showing any signs of potential cognitive impairment1 such assessment shall include an evaluation for cognitive impairment4 7,f7 ,prohibition on limitation of services ,in all ,federal facilities1 the following may not be imposed as a form of punishment1 discipline1 or for any other reason3 7i7 ,limitation on services1 programming1 treatment1 contact visitation1 phone calls1 email1 mail1 or basic needs such as clothing1 food1 or bedding4 7ii7 ,involuntary restricted diets or any other involuntary change in diet4 7iii7 ,confiscation of approved personal property4 7,g7 ,separation for medical purpose 7i7 ,in general 7,i7 ,requirement ,a person may be separated from the general facility population into an alternative unit for medical purposes1 including medical quarantine1 medical isolation1 acute intoxication 7while awaiting detoxification71 and_/or an acute psychiatric crisis 7such as acute psychosis awaiting optimization of psychiatric medication7 but only if-- 7aa7 necessary to address immediate1 specific1 and significant risk of medical contagion or imminent serious physical injury to a person1 staff1 or other incarcerated persons2 and 7bb7 done in a medical unit overseen by health care staff for as limited a time as medically necessary as determined by health care staff4 7,,ii7 ,alternative unit requirements ,an alternative unit used under subclause 7,i7 shall be required to-- 7aa7 be located in the least restrictive environment that is medically appropriate2 7bb7 be in compliance with subparagraphs 7,a71 7,e71 and 7,f7 of this paragraph and paragraph 7#e7 of this subsection2 and 7cc7 provide comparable access granted to persons incarcerated in the general population to phone calls1 emails1 contact visits1 time outdoors1 access to reading materials1 recreation1 interactions with other incarcerated people1 out-of-cell time1 and programming1 all with medically appropriate modifications determined necessary by health care staff1 such as maintaining physical distance determined appropriate by health care staff during infectious outbreaks4 7ii7 ,general review for medical necessity 7,i7 ,in general ,the lead health care professional at the ,federal facility shall immediately review any such placement to determine whether or not the placement is medically necessary and shall provide written authorization of the placement1 if medically necessary4 7,,ii7 ,contents ,an authorization under subclause 7,i7 shall state-- 7aa7 the length of time that the lead health care provider believes the medical quarantine or medical isolation shall last2 and 7bb7 for persons placed in medical isolation due to acute psychiatric needs1 the length of time the lead health care provider expects for the person to become stabilized1 including stabilized on anti-psychotic medication4 7iii7 ,review for placement of more than #bd hours 7,i7 ,in general ,if any such placement lasts more than #bd hours1 the lead health care professional of the relevant ,federal agency shall review the placement to determine whether or not the placement is medically necessary and shall provide written authorization if the lead agency health care professional determines the placement to be medically necessary4 7,,ii7 ,continuing review ,the lead agency health care professional shall review the placement every #bd hours after the review conducted under subclause 7,i7 to determine if the continued placement is medically necessary and provide written authorization every #bd hours after the review conducted under subclause 7,i7 until the person is released from such placement or until the lead agency or facility-level health care professional determines the placement is no longer necessary4 7iv7 ,cessation of medical necessity ,if1 at any time1 the lead facility-level health care professional or the lead agency-level health care professional determines that such placement is no longer medically necessary to address immediate circumstances that pose an immediate1 specific1 and significant risk of medical contagion or imminent serious physical injury to a person1 staff1 or other incarcerated persons1 the person shall be released from the placement4 7v7 ,discharge to outside community hospitals ,if a ,federal facility is unable to properly treat a person in quarantine or medical isolation1 including medical isolation for a person experiencing an acute psychiatric crisis without resorting to the use of solitary confinement beyond uses allowed under clause 7i71 or 7ii7 of subparagraph 7,b7 or without complying with the requirements of an alternative unit1 then the ,federal facility shall discharge the person to an appropriate outside community hospital that can provide the requisite care4 7#c7 ,due process requirements 7,a7 ,hearing regulations 7i7 ,in general ,the reasons and procedures for placement in protective custody shall be subject to the regulations1 rules1 standards1 and procedures 7or any successors thereof7 applicable to each ,federal agency4 7ii7 ,requirements ,all hearings under regulations described in clause 7i7 shall comply with paragraph 7#d71 and the conditions for all people in protective custody shall comply with-- 7,i7 subparagraphs 7,a71 7,e71 and 7,f7 of paragraph 7#b72 and 7,,ii7 paragraph 7#e74 7,b7 ,review of placement 7i7 ,in general ,the placement of an incarcerated person in an alternative unit shall be meaningfully reviewed not less than the first #ae days after placement in the alternative unit1 and not less frequently than every #ae days thereafter1 by a multidisciplinary team1 including program and health care staff1 to determine whether the release of the incarcerated person to the general facility population continues to present a specific and significant risk of imminent serious physical injury to the person1 staff1 or other incarcerated persons4 7ii7 ,notice of reasons for determination ,if an incarcerated person is not discharged from an alternative unit at a review described under clause 7i71 the incarcerated person shall promptly receive in writing the reasons for the determination and the program1 treatment1 service1 or corrective action required before discharge4 7iii7 ,access to services2 discharge ,each incarcerated person shall be given access to the programs1 treatment1 and services specified under subparagraph 7,a71 and shall be permitted to be discharged from an alternative unit if the person so chooses and does not engage in behavior that presents a specific and significant risk of imminent serious physical injury to the person1 staff1 or other incarcerated persons during the subsequent #ae days4 7iv7 ,duration ,other than for purposes of protective custody1 or upon written request by the person1 no person may be held in an alternative unit for more than #fj days during any #f-month period4 7,c7 ,no placement based on previous incident ,no person may be placed in an alternative unit for an act or incident for which the person was previously placed in such unit4 7#d7 ,placement hearings 7,a7 ,placement in alternative unit ,other than separation of persons in protective custody or for purposes of confinement under clauses 7iii7 and 7iv7 of paragraph 7#b77;,b7 and paragraph 7#b77;,g71 no person incarcerated in a ,federal facility may be placed in an alternative unit unless and until it is determined in writing following a placement hearing that clear and convincing evidence shows that the person committed #a of the following acts at the time placement is sought1 and the specific circumstances of the acts were so heinous or destructive that placement of the person in general facility housing creates a specific and significant risk of imminent serious physical injury to staff or other incarcerated persons3 7i7 ,causing or attempting to cause serious physical injury or death to another person4 7ii7 ,compelling or attempting to compel another person1 by force or threat of force1 to engage in a sexual act4 7iii7 ,leading1 organizing1 inciting1 or attempting to cause a riot1 or other similarly serious disturbance that results in the taking of a hostage1 major property damage1 or serious physical harm to another person4 7iv7 ,escaping1 attempting to escape or facilitating an escape from a ,federal facility or escaping1 attempting to escape1 or facilitating an escape while under supervision outside the ,federal facility4 7,b7 ,neutral decision maker required ,each placement hearing shall be conducted by a neutral decision maker4 7,c7 ,department of ,justice ,for all placement hearings involving placement in facilities operated by the ,federal ,bureau of ,prisons or facilities contracting with the ,federal ,bureau of ,prisons or ,united ,states ,marshals ,service for incarcerating people in the care or custody of those facilities or entities1 the neutral decision maker shall be-- 7i7 appointed by the ,assistant ,attorney ,general for ,civil ,rights2 7ii7 employed by the ,department of ,justice2 and 7iii7 independent of-- 7,i7 any division or unit within the ,department of ,justice that has people in its care or custody or engages in any prosecuting activities2 7,,ii7 any other ,federal agency2 and 7,,iii7 any prosecuting entity4 7,d7 ,department of ,homeland ,security ,for all placement hearings involving placement in facilities operated by or contracting with ,u4,s4 ,immigration and ,customs ,enforcement1 the ,department of ,homeland ,security1 or ,u4,s4 ,customs and ,border ,protection for incarcerating people in the care or custody of those facilities or entities1 the neutral decision maker shall be-- 7i7 appointed by the ,officer for ,civil ,rights and ,civil ,liberties2 7ii7 employed by the ,department of ,homeland ,security2 and 7iii7 independent of-- 7,i7 the ,office for ,civil ,rights and ,civil ,liberties2 7,,ii7 any division or unit within the ,department of ,homeland ,security that has people in its care or custody or engages in any prosecuting activities2 7,,iii7 any other ,federal agency2 and 7,,iv7 any prosecuting entity4 7,e7 ,department of ,health and ,human ,services ,for all placement hearings involving placement in facilities operated by or contracting with the ,department of ,health and ,human ,services for incarcerating people in the care or custody of those facilities or entities1 the neutral decision maker shall be-- 7i7 appointed by the ,director of the ,office for ,civil ,rights2 7ii7 employed by the ,department of ,health and ,human ,services2 and 7iii7 independent of-- 7,i7 the ,office for ,civil ,rights2 7,,ii7 any division or unit within the ,department of ,health and ,human ,services that has people in its care or custody2 7,,iii7 any other ,federal agency2 7,,iv7 and any prosecuting entity4 7,f7 ,evidence presented ,at any placement hearing1 the incarcerated person shall be permitted to offer documentary and testimonial evidence1 cross-examine witnesses1 and present any mitigating evidence1 justification evidence1 or other relevant evidence helpful in aiding the defense of the incarcerated person4 7,g7 ,representation 7i7 ,in general ,at such a hearing1 the incarcerated person shall be permitted to-- 7,i7 engage in self-representation2 or 7,,ii7 be represented by any attorney1 law student permitted to practice law1 paralegal1 community advocate1 or other incarcerated person chosen by the person being represented4 7ii7 ,assistance for representation ,if a person does not have a representative1 the person shall be offered the assistance of a representative as follows3 7,i7 ,department of ,justice placement hearings ,for all placement hearings described in subparagraph 7,c71 if an incarcerated person does not select a representative1 an appointed representative shall be-- 7aa7 selected by the ,assistant ,attorney ,general for ,civil ,rights2 7bb7 employed by the ,department of ,justice2 and 7cc7 independent of-- 7,,aa7 any division or unit within the ,department of ,justice that has people in its care or custody or engages in any prosecuting activities2 7,,bb7 any other ,federal agency2 and 7,,cc7 any prosecuting entity4 7,,ii7 ,department of ,homeland ,security hearings ,for all placement hearings described in subparagraph 7,d71 if an incarcerated person does not select a representative1 an appointed representative shall be-- 7aa7 selected by the ,officer for ,civil ,rights and ,civil ,liberties2 7bb7 employed by the ,department of ,homeland ,security2 and 7cc7 independent of-- 7,,aa7 the ,office for ,civil ,rights and ,civil ,liberties2 7,,bb7 any division or unit within the ,department of ,homeland ,security that has people in its care or custody or engages in any prosecuting activities2 7,,cc7 any other ,federal agency2 and 7,,dd7 any prosecuting entity4 7,,iii7 ,department of ,health and ,human ,services hearings ,for all placement hearings described in subparagraph 7,e71 if an incarcerated person does not select a representative1 any appointed representative shall be-- 7aa7 selected by the ,director of the ,office for ,civil ,rights2 7bb7 employed by the ,department of ,health and ,human ,services2 and 7cc7 independent of-- 7,,aa7 the ,office for ,civil ,rights2 7,,bb7 any division or unit within the ,department of ,health and ,human ,services that has people in its care or custody2 7,,cc7 any other ,federal agency2 and 7,,dd7 any prosecuting entity4 7,h7 ,notice 7i7 ,in general ,not less than #b days prior to any placement hearing under this paragraph1 both the incarcerated person and the chosen representative of the incarcerated person shall be provided detailed written notice of the reason for proposed placement in an alternative unit1 including all relevant evidence1 during which time the person may not1 other than for purposes of protective custody1 be placed in such alternative unit4 7ii7 ,time to prepare ,the incarcerated person and the chosen representative shall be provided adequate time to prepare for such hearings and afforded adjournments as appropriate4 7iii7 ,refusal to attend ,any refusal by an incarcerated person to attend such hearings shall be videotaped and made part of the evidentiary record that shall be maintained by the relevant ,federal agency4 7iv7 ,failure to comply ,failure to provide the notice described in clause 7i7 or to enter into the record videotaped evidence of an alleged refusal to attend by an incarcerated person shall constitute a basis for resolving the hearing in the favor of the incarcerated person4 7,i7 ,written determination 7i7 ,in general ,not later than #e business days after the conclusion of the placement hearing1 the neutral decision maker shall issue a written determination4 7ii7 ,clear and convincing evidence ,any finding that an incarcerated person meets the criteria of placement in an alternative unit under subparagraph 7,a7 shall be supported by clear and convincing evidence4 7iii7 ,contents ,the determination shall specify the finding1 a summary of the testimony of each witness and an explanation of whether the testimony was credited or rejected1 the evidence relied upon in reaching the finding1 and the placement imposed1 if any4 7iv7 ,notice of determination ,not later than #bd hours after issuance of the determination1 a copy of the determination shall be provided to the incarcerated person and the chosen representative of the incarcerated person4 7#e7 ,use of restraints 7,a7 ,in general ,except as provided in subparagraphs 7,b7 through 7,e71 no person incarcerated in a ,federal facility shall be placed in restraints4 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply if facility staff make an individualized determination at the time of1 or immediately following1 an incident precipitating placement in restraints that such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the person1 other incarcerated persons1 or staff based on concrete evidence of such risk4 7,c7 ,least restrictive form ,if restraints are used pursuant to subsection 7,b71 the least restrictive form of restraints shall be used for no longer than necessary to abate such specific and significant risk of imminent serious physical injury1 and in no circumstances shall continue beyond #d hours unless a supervisory medical provider determines that such restraints are necessary to prevent such risk4 7,d7 ,placement hearing required 7i7 ,in general ,restraints shall not be used on the same person on consecutive days unless a placement hearing with protections established under paragraphs 7#c7 and 7#d7 establishes such restraints are necessary to prevent a specific and significant risk of imminent serious physical injury to the incarcerated person1 other incarcerated persons1 or staff based on concrete evidence of such risk1 and subject to the same limitations each day as set forth in this paragraph4 7ii7 ,limitations ,any repeated use of restraints approved at such a due process hearing shall be no longer than #c days1 subject to the same limitations each day as set forth in this paragraph1 meaningfully reviewed by a supervisory medical provider at least daily1 and discontinued once restraints are no longer necessary to prevent a specific and significant risk of imminent serious physical injury to the person1 other incarcerated persons1 or staff4 7,e7 ,subsequent use of restraints ,once an approved use of restraints has been discontinued1 any subsequent use of restraints on that person shall only be permitted to address a new incident and upon the same requirements under this paragraph4 7#f7 ,special administrative measures ,no ,federal facility may use special administrative measures4 7b7 ,report ,required ,not later than #ae days after the end of each quarter of the fiscal year1 each ,federal agency shall report on the website of the ,federal agency the following3 7#a7 ,the total number of incidents at each facility operated by the ,federal agency during the preceding quarter of self-harm1 suicide attempts1 and suicide1 disaggregated by race1 age1 gender identity1 documented mental health status1 documented disability1 pregnancy or postpartum status1 identification as lesbian1 gay1 bisexual1 transgender1 intersex1 or gender nonconforming1 type of housing unit including confinement under clause 7iii7 or 7iv7 of subsection 7a77#b77;,b71 any alternative units under subparagraph 7,e7 or 7,g7 of subsection 7a77#b71 and length of time in such housing unit4 7#b7 ,the total number of placements at each facility during the preceding quarter1 separately listed1 in confinement under clauses 7iii7 and 7iv7 of subsection 7a77#b77;,b71 in protective custody under subsection 7a77#b77;,e71 and in any alternative units under subparagraphs 7,e7 and 7,g7 of subsection 7a77#b7 during that quarter4 7#c7 ,the total number of people at each facility on the last day of each quarter1 separately listed1 in confinement under clauses 7iii7 and 7iv7 of subsection 7a77#b77;,b71 in protective custody under subsection 7a77#b77;,e71 in any other alternative unit under subsection 7a77#b77;,e71 and in any alternative unit under subsection 7a77#b77;,g71 disaggregated by race1 age1 gender identity1 documented mental health status1 documented disability1 pregnancy or postpartum status1 identification as lesbian1 gay1 bisexual1 transgender1 intersex1 or gender nonconforming1 and reason for placement4 7#d7 ,the total number of placements at each facility during the preceding quarter1 separately listed1 for which confinement under clauses 7iii7 and 7iv7 of subsection 7a77#b77;,b7 lasted for less than #a hour1 between #a and #b hours1 between #b and #c hours1 between #c and #d hours1 and for longer than #d hours1 with a listing of the length of time of each placement that exceeded #d hours4 7#e7 ,the total number of people at each facility who had reached a total period of time during the preceding quarter1 separately listed1 in protective custody under subsection 7a77#b77;,e71 in any other alternative unit under subsection 7a77#b77;,e71 and in any alternative unit under subsection 7a77#b77;,g7 of less than #g days1 between #h days and #ae days1 between #af days and #cj days1 between #ca days and #de days1 between #df days and #fj days1 and for longer than #fj days1 with a listing of the length of time of each person who had reached a period of time during the preceding quarter that exceeded a total of #fj days in such confinement or housing4 7c7 ,private cause of action 7#a7 ,in general 7,a7 ,civil action for injury ,any person who is injured by a violation of subsection 7a7 may bring a civil action in the appropriate ,united ,states district court against any person1 entity1 or any other relevant party who violated such subsection for declaratory and injunctive relief1 including directing the closure of the facility1 building1 or unit where the violation took place if that facility1 building1 or unit is in repeated and systemic noncompliance with this section1 and for such money damages as the court determines appropriate1 including for emotional pain and suffering4 7,b7 ,additional awards ,in an action filed under subparagraph 7,a71 the court may1 in addition to any other relief awarded under that subparagraph1 award reasonable attorney's fees and costs of the action to a prevailing plaintiff4 7#b7 ,no liability for certain lockdowns 7,a7 ,in general ,no ,federal agency shall be liable for a ,federal agency-wide1 facility-wide1 or partial facility-wide lockdown that exceeded the #d-;hour limit under subsection 7a77#b77;,b77iv7 if the agency can demonstrate that-- 7i7 the lockdown1 and the length of the time of the lockdown1 was necessary to address unexpected1 extraordinary circumstances involving the detonation of an explosive device1 an acute mass contamination or contagion situation1 a violent riot1 revolt1 or insurrection involving a large number of people that resulted in the taking of a hostage1 major property damage1 or serious physical harm to a person1 or other similar emergency of the same magnitude involving a large group of people2 7ii7 the head of facility who authorized the lockdown complied with all notification requirements1 and received approval from the agency regional or field office1 or equivalent office responsible for oversight of the facility1 at the time the lockdown lasted longer than #d hours2 7iii7 the head of the applicable ,federal agency approved of the lockdown if the lockdown exceeded #h hours and the approval occurred at that time2 7iv7 the lockdown was ended as quickly as possible1 did not last longer than necessary to address the unexpected1 extraordinary circumstances1 and did not exceed #bd hours2 and 7v7 the lockdown was not used as a substitute for medical isolation or quarantine nor individual lock-ins pursuant to subsections 7a77#b77;,b77iii7 and 7a77#b77;,b77iv71 nor as a way to circumvent the time limits or protections for people held under those subsections4 7,b7 ,civil action for constitutional violation 7i7 ,in general ,any person who is injured by a violation of the ,constitution of the ,united ,states by a ,federal official or person contracting with a ,federal agency in a ,federal facility may bring a civil action in the appropriate ,united ,states district court against any person1 entity1 or relevant party who violated such constitutional provision for declaratory and injunctive relief1 including directing the closure of the facility1 building1 or unit where the violation took place1 and for such money damages as the court determines appropriate1 including for emotional pain and suffering4 7ii7 ,additional awards ,in an action filed under subparagraph 7,a71 the court may1 in addition to any other relief awarded under that subparagraph1 award reasonable attorney's fees and costs of the action to a prevailing plaintiff4 4 7b7 ,clerical amendment ,the table of contents for chapter #cja of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #djad the following3 #djae4 ,ending solitary confinement and establishing minimum standards4 4 #d4 ,oversight 7a7 ,community monitoring body 7#a7 ,in general ,chapter #cja of title #ah1 ,united ,states ,code1 as amended by section #c of this ,act1 is further amended by adding at the end the following3 #djaf4 ,oversight 7a7 ,community monitoring body ,not later than #ij days after the date of enactment of this section1 the ,attorney ,general1 in consultation with the ,assistant ,attorney ,general for ,civil ,rights of the ,department of ,justice1 ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 and ,director of the ,office for ,civil ,rights of the ,department of ,health and ,human ,services1 shall establish a community monitoring body that shall operate independently of the ,attorney ,general and of any other unit or division within the ,department of ,justice or any other ,federal agency4 7b7 ,appointment ,the ,attorney ,general1 in consultation with the ,assistant ,attorney ,general for ,civil ,rights of the ,department of ,justice1 ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 and ,director of the ,office for ,civil ,rights of the ,department of ,health and ,human ,services1 and after obtaining input and recommendations from community organizations that provide educational services and legal support to incarcerated persons or otherwise advocate for the rights of incarcerated people and an end to solitary confinement1 shall appoint not less than #ae people to serve as members of the community monitoring body4 7c7 ,membership 7#a7 ,in general ,each member of the community monitoring body shall be an individual who-- 7,a7 has survived solitary confinement-- 7,b7 has had loved ones who have experienced solitary confinement or lost loved ones because of solitary confinement2 7,c7 is a faith leader1 medical or mental health professional2 or 7,d7 is a civil rights or human rights advocate4 7#b7 ,prior experience ,each member of the community monitoring body shall have experience engaging in advocacy1 service provision1 or program operation aimed at enhancing the rights and treatment of incarcerated persons4 7#c7 ,requirements relating to prior experiences 7,a7 ,in general ,the community monitoring body shall include members with the following experience3 7i7 ,not less than #a_/b of the members of the community monitoring body shall be individuals who were incarcerated or have had family members incarcerated4 7ii7 ,not fewer than #b members of the community monitoring body shall have experience working with children from a trauma-sensitive approach4 7iii7 ,not fewer than #b members of the community monitoring body shall have personal or professional experience with immigration detention4 7iv7 ,not fewer than #b members of the community monitoring body shall have personal or professional experience with incarceration in adult prisons or jails4 7,b7 ,limitations on working with children ,only members of the community monitoring body with expertise in working with children in a trauma-sensitive manner shall interview children in the custody of the ,office of ,refugee ,resettlement4 7d7 ,membership term ,each member of the community monitoring body shall be appointed for a term of #e years1 with the possibility of #a reappointment by the ,attorney ,general for a total of #aj years4 7e7 ,reimbursement ,each member shall be reimbursed by the ,department of ,justice for any per diem expenses of the member in connection with service on the community monitoring body4 7f7 ,assistance ,the community monitoring body shall have the ability to designate any person to assist the work of the community monitoring body4 7g7 ,access ,notwithstanding any other provision of law1 the community monitoring body and its designees shall have the ability to make unannounced visits to ,federal agencies and ,federal facilities1 and have access to every area of every ,federal facility and all nonclassified1 nonprivileged data from every ,federal agency4 7h7 ,in-,person interviews 7#a7 ,in general ,the community monitoring body and its designees shall have the ability to conduct in-person interviews and correspond and communicate with incarcerated persons and ,federal agency and ,federal facility staff freely1 privately1 and confidentially1 upon consent of the incarcerated person or staff1 respectively4 7#b7 ,consent to interviews 7,a7 ,in general ,all applicable laws1 regulations1 rules and other protections regarding a person providing free1 voluntary1 and informed consent1 including for children1 incarcerated persons1 and more generally1 and including protections related to the need for parental consent or consent of counsel1 shall apply to consent to being interviewed by the community monitoring body4 7,b7 ,office of ,refugee ,resettlement ,with respect to persons in the custody of the ,office of ,refugee ,resettlement1 the community monitoring body shall only interview such a person if the person1 the person's appointed child advocate1 if the person has a child advocate1 and the person's attorney1 if the person has an attorney1 consent to the interview4 7,c7 ,application ,nothing in this paragraph shall be used by a ,federal agency to impede the ability of the community monitoring body to conduct any interview with an incarcerated person who consents to such an interview4 7#c7 ,consultation relating to trauma-sensitive engagement 7,a7 ,in general ,members of the community monitoring body shall consult with community experts on trauma-sensitive engagement with detained children and adults to develop protocols for how the members of the community monitoring body will conduct monitoring activities in a manner that-- 7i7 is trauma-sensitive2 7ii7 provides the greatest protection possible for the safety and psychological well-being of people in custody2 7iii7 offers options for people in custody coping with any distress or re-traumatization resulting from monitoring activities2 7iv7 provides people in custody with a sense of agency in the monitoring process2 and 7v7 accounts for related considerations4 7,b7 ,development and review ,the community monitoring body shall-- 7i7 develop the protocols described in subparagraph 7,a7 based on the existing body of literature relating to trauma-sensitive engagement2 and 7ii7 have experts and the general public review and provide feedback on the protocols described in subparagraph 7,a7 before the protocols are finalized4 7#d7 ,notes1 recordings1 and records 7,a7 ,use ,all notes1 recordings1 and records of any interviews conducted by the community monitoring body shall be used solely for the purposes of the community monitoring body4 7,b7 ,prohibition ,no information contained in notes1 recordings1 and records of any interviews conducted by the community monitoring body identifying a specific person who was interviewed by the community monitoring body may ever be-- 7i7 disclosed under any circumstance without the free1 voluntary1 and informed consent of that person for purposes of seeking immediate relief for that person2 or 7ii7 used in any form of proceeding involving the immigration status of that person1 a credibility determination or criminal prosecution or appeal relating to that person1 or any other related type of proceeding4 7i7 ,meetings ,administrators of each ,federal agency and ,federal facility shall meet privately with the community monitoring body or its designees upon request4 7j7 ,communications 7#a7 ,in general ,all persons incarcerated in ,federal facilities shall have the right and access to confidentially communicate with the community monitoring body and its designees1 including while the community monitoring body or its designees are at a ,federal facility and through free phone calls1 free mail correspondence1 and free email correspondence4 7#b7 ,confidentiality ,communications described in paragraph 7#a7 shall be afforded the same levels of protection1 confidentiality1 and privilege as attorney-client correspondence4 7#c7 ,retaliation ,no person shall face any form of retaliation or adverse impact for having contact with1 or being perceived to have had contact with1 the community monitoring body or its designees4 7#d7 ,complaints ,an incarcerated person shall not be required to raise a complaint with the community monitoring body before seeking other remedies in connection with that complaint4 7k7 ,electronic equipment ,the community monitoring body and its designees shall have the right to bring and use electronic equipment in any ,federal facility1 including video cameras1 photographic cameras1 audio recording devices1 mobile telephones1 computers1 and tablets1 for the purposes of recording1 documentation1 administration of surveys1 and other related purposes4 7l7 ,access to certain information 7#a7 ,in general ,the community monitoring body and its designees shall have the right to receive1 access1 inspect1 and copy all relevant non-classified1 non-privileged information1 records1 and documents in the possession or control of any ,federal facility1 ,federal agency1 or employee of any ,federal facility or ,federal agency4 7#b7 ,required delivery date 7,a7 ,general delivery date ,the community monitoring body and its designees shall receive any records requested under paragraph 7#a7 not later than #g days after the date of request to the head of a ,federal facility or ,federal agency4 7,b7 ,expedited delivery ,in a situation in which the records requested under paragraph 7#a7 by the community monitoring body or its designees pertain to a death of an incarcerated person1 threats of bodily harm including sexual or physical assaults1 or the denial of necessary medical treatment1 the records shall be provided not later than #dh hours after the date of the request unless members of the community monitoring body or their designees consent to an extension of the deadline4 7m7 ,recommendations 7#a7 ,in general ,the community monitoring body may make periodic recommendations to any ,federal agency or ,federal facility1 as well as to the ,president1 ,attorney ,general1 ,secretary of ,homeland ,security1 ,secretary of ,health and ,human ,services1 ,committee on the ,judiciary of the ,house of ,representatives1 ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 ,committee on the ,judiciary of the ,senate1 ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and other ,government entities4 7#b7 ,remedial action plans ,for any recommendations made by the community monitoring body to each ,federal agency or ,federal facility1 such agency or facility shall-- 7,a7 report to the community monitoring body not later than #ij days after receipt of the recommendations as to whether the agency or facility has designed and implemented a remedial action plan to address the recommendations2 and 7,b7 transmit any such remedial action plan to the community monitoring body4 7#c7 ,publication ,the community monitoring body may publish its findings and recommendations on its website that the community monitoring body shall establish4 7n7 ,access for certain persons ,representatives of the news media1 public defenders1 representatives of the ,legal ,orientation ,program of the ,department of ,justice1 elected ,federal1 ,state1 and local representatives1 and their designees1 shall have the ability to-- 7#a7 make unannounced visits to ,federal agencies and ,federal facilities and access every area of every ,federal facility1 except that-- 7,a7 access to enter the cell of a person incarcerated in the ,federal facility shall only be granted with the consent of the person housed in that cell2 and 7,b7 access to enter a bathroom or shower area shall only be allowed when such area is unoccupied by persons incarcerated in the ,federal facility2 7#b7 receive in a timely manner1 pursuant to section #eeb of title #e1 or any successor thereto1 all requested data from every ,federal agency that has persons in its care or custody2 and 7#c7 correspond with and interview1 with the ability to take notes and use electronic and other recording devices1 incarcerated persons freely1 privately1 and confidentially upon the consent of the incarcerated persons4 7o7 ,inspectors ,general ,nothing in this section shall be construed to modify1 supersede1 or otherwise affect the authority of any ,inspector ,general to access all records1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other materials1 as authorized by law4 4 7#b7 ,clerical amendment ,the table of contents for chapter #cja of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #djae1 as added by section #c of this ,act1 the following3 #djaf4 ,oversight4 4 7b7 ,inspector ,general 7#a7 ,advisory body ,section #dac of title #e1 ,united ,states ,code1 as amended by section #b of the ,federal ,prison ,oversight ,act 7,pub4 ,l4 #aah-ga2 #ach ,stat4 #adib71 is amended by adding at the end the following3 7f7 ,advisory body on ending solitary confinement 7#a7 ,definitions ,in this subsection1 the terms appropriate congressional committees and ,inspector ,general have the meanings given those terms in subsection 7e74 7#b7 ,advisory body 7,a7 ,in general ,the ,inspector ,general shall-- 7i7 establish an advisory body of stakeholders focused on overseeing implementation of section #djae of title #ah2 and 7ii7 consult the advisory body for purposes of developing the inspection regime for overseeing such implementation and developing the recommendations included in the annual report of the ,inspector ,general required under paragraph 7#c74 7,b7 ,membership ,the advisory body established under subparagraph 7,a7 shall consist solely of individuals who-- 7i7 have survived solitary confinement2 7ii7 have had loved ones in solitary confinement or have lost loved ones due to exposure to solitary confinement2 or 7iii7 are faith leaders1 medical or mental healthcare professionals1 or civil rights or human rights advocates with experience engaging in advocacy or program operation related to reducing or ending the use of solitary confinement4 7,c7 ,consultation 7i7 ,in general ,the ,inspector ,general shall consult with the advisory body established under subparagraph 7,a7 regarding all aspects of overseeing implementation of section #djae of title #ah4 7ii7 ,mental health care ,for all aspects of oversight of all provisions of section #djae of title #ah involving the provision of mental health care1 the ,inspector ,general shall consult with members of the advisory body who are mental healthcare professionals1 as well as individuals who have survived solitary confinement or have had loved ones in solitary confinement or have lost loved ones due to exposure to solitary confinement4 7#c7 ,annual report relating to section #djae of title #ah ,not later than #a year after the date of enactment of the ,end ,solitary ,confinement ,act1 and each year thereafter1 the ,inspector ,general shall submit to the ,attorney ,general1 the appropriate congressional committees1 and the public an annual report in accordance with the requirements of clauses 7i7 and 7ii7 of subsection 7e77#b77;,d7 assessing the implementation of all components of section #djae of title #ah4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall take effect on the date that is #ij days after the date on which appropriations are made available to the ,inspector ,general of the ,department of ,justice and the ,department of ,justice for the specific purpose of carrying out the ,federal ,prison ,oversight ,act 7,pub4 ,l4 #aah-ga2 #ach ,stat4 #adib74 #e4 ,creating ,state incentives to end solitary confinement 7a7 ,in general ,chapter #cja of title #ah1 ,united ,states ,code1 as amended by sections #c and #d of this ,act1 is further amended by inserting after section #djaf1 as added by section #d of this ,act1 the following3 #djag4 ,creating ,state incentives to end solitary confinement 7a7 ,in general ,each ,state or local entity that receives any ,federal funds under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 7commonly known as the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program7 shall annually certify to the ,attorney ,general with comprehensive documentation that the ,state or local entity has in effect 7or shall have in effect1 not later than #ahj days after the date of enactment of this section7 laws1 policies1 and programs that substantially comply with section #djae to fully and meaningfully end solitary confinement and ensure all people in the prisons1 jails1 and detention centers of the ,state or locality have access to not less than #ad hours of out-of-cell congregate interaction in a shared space1 without physical barriers1 that is conducive to meaningful group interaction4 7b7 ,penalty ,beginning in the first fiscal year that begins after the date of enactment of this section1 in the case of a ,state or local entity that is not in substantial compliance with section #djae1 or an amendment made by the ,end ,solitary ,confinement ,act1 the ,attorney ,general shall reduce by not less than #aj percent the total amount that such ,state or unit of local government would otherwise receive under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq47 7commonly known as the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program71 except that funding for public defenders1 community-based mental health care1 community-based drug treatment1 community-based violence interruption1 and other similar community-based non-carceral and non-policing services shall be exempted from any reductions4 4 7b7 ,clerical amendment ,the table of contents for chapter #cja of title #ah1 ,united ,states ,code1 as amended by sections #c and #d of this ,act1 is amended by inserting after the item relating to section #djaf1 as added by section #d of this ,act1 the following3 #djag4 ,creating ,state incentives to end solitary confinement4 4 #f4 ,definitions 7a7 ,in general ,chapter #cja of title #ah1 ,united ,states ,code1 as amended by sections #c1 #d1 and #e of this ,act1 is further amended by inserting after section #djag1 as added by section #e of this ,act1 the following3 #djah4 ,certain definitions4 ,in sections #djae1 #djaf1 and #djag3 7#a7 ,acute psychiatric crisis ,the term acute psychiatric crisis means a psychiatric emergency that involves a sudden onset of psychotic symptoms1 such as hallucinations1 delusions1 suicidal ideation1 or extreme panic4 7#b7 ,alternative unit ,the term alternative unit means any unit that is separate from the general facility population or is in any way more restrictive than the general facility population in terms of access to programming1 services1 or other aspects of daily life4 7#c7 ,attempting 7,a7 ,in general ,the term attempting means having the intent to carry out a particular act and completing significant steps in the advancement of the attempt4 7,b7 ,withdrawal or abandonment ,evidence of withdrawal or abandonment of a plan to carry out a particular act shall negate a finding of intent4 7#d7 ,community monitoring body ,the term community monitoring body means the community monitoring body established under section #djaf7;a74 7#e7 ,federal agency ,the term ,federal agency means-- 7,a7 the ,federal ,bureau of ,prisons2 7,b7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,c7 the ,department of ,homeland ,security2 7,d7 ,u4,s4 ,customs and ,border ,protection2 7,e7 the ,office of ,refugee ,resettlement2 7,f7 the ,united ,states ,marshals ,service2 7,g7 the ,department of ,health and ,human ,services2 7,h7 any other ,federal agency that has persons in its care or custody2 and 7,i7 any ,federal1 ,state1 local1 or private entity that has contracted with any of the entities listed in subparagraphs 7,a7 through 7,h7 or with any other ,federal agency for holding or providing services to people in their care or custody4 7#f7 ,federal facility ,the term ,federal facility means-- 7,a7 a ,federal ,bureau of ,prisons facility2 7,b7 a ,u4,s4 ,immigration and ,customs ,enforcement facility2 7,c7 a ,department of ,homeland ,security facility2 7,d7 a ,u4,s4 ,customs and ,border ,protection facility2 7,e7 an ,office of ,refugee ,resettlement facility2 7,f7 a ,united ,states ,marshals ,service facility2 7,g7 a ,department of ,health and ,human ,services facility2 7,h7 any other facility operated by a ,federal agency that has persons in its care or custody2 and 7,i7 any ,federal1 ,state1 local1 or private facility that has contracted with any ,federal agency for incarcerating people in their care or custody or providing services to incarcerated people in their care or custody4 7#g7 ,health care staff ,the term health care staff means individuals who are employed1 contracted1 or volunteer to provide medical1 mental1 and behavioral health care services at a ,federal facility4 7#h7 ,incarcerated ,the term incarcerated means being held in a ,federal facility for any reason4 7#i7 ,mental health need ,the term mental health need means having any current mental health diagnosis by any medical or mental health professional1 or having had any such mental health diagnosis during the previous #b years4 7#aj7 ,multidisciplinary team ,the term multidisciplinary team-- 7,a7 means a group of staff or other people working or operating in a ,federal facility who have different professional backgrounds and roles in the facility2 and 7,b7 includes program and health care staff4 7#aa7 ,placement hearing ,the term placement hearing means an administrative hearing to determine whether a person may be placed in an alternative unit in a ,federal facility4 7#ab7 ,protective custody ,the term protective custody means any housing of a person for their own protection4 7#ac7 ,representative of the news media ,the term representative of the news media means any individual or entity that-- 7,a7 gathers information of potential interest to a segment of the public2 7,b7 uses its editorial skills to turn the raw materials into a distinct work2 and 7,c7 distributes that work to an audience4 7#ad7 ,solitary confinement ,the term solitary confinement means being confined in a cell or other space without access to meaningful group interaction in a shared space4 7#ae7 ,special administrative measures ,the term special administrative measures means the special administrative measures under section #eja4c of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#af7 ,supervisory medical provider ,the term supervisory medical provider means a practicing doctor1 nurse practitioner1 or physician assistant who has supervisory responsibilities over other medical staff in a ,federal facility4 4 7b7 ,clerical amendment ,the table of contents for chapter #cja of title #ah1 ,united ,states ,code1 as amended by sections #c1 #d1 and #e of this ,act1 is amended by inserting after the item relating to section #djag1 as added by section #e of this ,act1 the following3 #djah4 ,certain definitions4 4 #g4 ,removal of limitation on recovery on certain suits by incarcerated people ,section #g7;e7 of the ,civil ,rights of ,institutionalized ,persons ,act 7#db ,u4,s4,c4 #aiig;e7e77 is amended to read as follows3 7e7 ,limitation on recovery ,no ,federal civil action may be brought by a prisoner confined in a jail1 prison1 or other correctional facility1 for mental or emotional injury suffered while in custody without a prior showing of physical injury1 the commission of a sexual act 7as defined in section #bbdf of title #ah1 ,united ,states ,code71 or placement in solitary confinement or an alternative unit 7as defined in section #djah of title #ah1 ,united ,states ,code74 4 #h4 ,revisions to standard operating procedures and standards ,each ,federal agency1 as defined in section #djah of title #ah1 ,united ,states ,code1 as added by this ,act1 shall-- 7#a7 incorporate the requirements of this ,act and the amendments made by this ,act into the relevant standards and procedures governing confinement2 and 7#b7 monitor compliance with the requirements of this ,act and the amendments made by this ,act4 #i4 ,appropriations and prohibition on use of funds 7a7 ,in general ,congress shall appropriate such sums as may be necessary to implement the provisions of this ,act4 7b7 ,limitations ,no sums appropriated to carry out the provisions of this ,act may be used for any-- 7#a7 buildings and facilities appropriations for the ,bureau of ,prisons2 7#b7 procurement1 construction1 and improvements appropriations for the ,department of ,homeland ,security1 including ,immigration and ,customs ,enforcement and ,customs and ,border ,protection2 7#c7 constructions appropriations for the ,united ,states ,marshals ,service2 7#d7 buildings and facilities appropriations for the ,department of ,health and ,human ,services1 including the ,administration for ,children and ,families and the ,office of ,refugee ,resettlement2 7#e7 ,federal agency to-- 7,a7 construct facilities where persons will be incarcerated2 or 7,b7 to construct or renovate buildings or spaces within facilities where persons are or will be incarcerated2 or 7#f7 ,federal agency to construct1 install1 or introduce any weapons1 any objects or devices or mechanisms restricting the movement of a person or persons in any way1 or any other objects or mechanisms that limit movement or create more restrictive environments4 #aj4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 or the application thereof to any person or circumstance is held invalid1 the remainder of this ,act1 and other amendments made by this ,act1 or the application of that provision to persons or circumstances other than those as to which it is held invalid1 is not affected thereby4 #aa4 ,effective date ,this ,act and the amendments made by this ,act shall take effect not later than #fj days after the date of enactment of this ,act4