The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Department of Interior was published in the Senate section on pages S2323-S2329 on April 19, 2018.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. McCONNELL (for himself and Mr. Casey):
S. 2710. A bill to improve treatment and early interventions for pregnant and postpartum women and infants affected by substance use disorder; to the Committee on Health, Education, Labor, and Pensions.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 2710
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Moms and Infants Act''.
SEC. 2. IMPROVING TREATMENT FOR PREGNANT AND POSTPARTUM
WOMEN.
(a) Report.--
(1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the
``Secretary'') shall submit to the appropriate committees of Congress and make available to the public on the internet website of the Department of Health and Human Services a report regarding the implementation of the recommendations in the strategy relating to prenatal opioid use, including neonatal abstinence syndrome, developed pursuant to section 2 of the Protecting Our Infants Act of 2015 (Public Law 114-91). Such report shall include--
(A) an update on the implementation of the recommendations in the strategy, including information regarding the agencies involved in the implementation; and
(B) information on additional funding or authority the Secretary requires, if any, to implement the strategy, which may include authorities needed to coordinate implementation of such strategy across the Department of Health and Human Services.
(2) Periodic updates.--The Secretary shall periodically update the report under paragraph (1).
(b) Residential Treatment Programs for Pregnant and Postpartum Women.--Section 508(s) of the Public Health Service Act (42 U.S.C. 290bb-1(s)) is amended by striking
``$16,900,000 for each of fiscal years 2017 through 2021'' and inserting ``$29,931,000 for each of fiscal years 2019 through 2023''.
SEC. 3. EARLY INTERVENTIONS FOR PREGNANT WOMEN AND INFANTS.
(a) Development of Educational Materials by Center for Substance Abuse Prevention.--Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-21(b)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(15) in cooperation with relevant stakeholders and the Director of the Centers for Disease Control and Prevention, develop educational materials for clinicians to use with pregnant women for shared decisionmaking regarding pain management during pregnancy.''.
(b) Guidelines and Recommendations by Center for Substance Abuse Treatment.--Section 507(b) of the Public Health Service Act (42 U.S.C. 290bb(b)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
``(15) in cooperation with the Secretary, implement and disseminate, as appropriate, the recommendations in the report entitled `Protecting Our Infants Act: Final Strategy' issued by the Department of Health and Human Services in 2017; and''.
(c) Support of Partnerships by Center for Substance Abuse Treatment.--Section 507(b) of the Public Health Service Act
(42 U.S.C. 290bb(b)), as amended by subsection (b), is further amended by adding at the end the following:
``(16) in cooperation with relevant stakeholders, support public-private partnerships to assist with education about, and support with respect to, substance use disorder for pregnant women and health care providers who treat pregnant women and babies.''.
______
By Mr. CORNYN (for himself and Mr. Cruz):
S. 2714. A bill to award a Congressional Gold Medal to Don and Deyon Stephens, Founders of Mercy Ships, in recognition of nearly 40 years of service as the leaders of a humanitarian relief organization that exemplifies the compassionate character of America; to the Committee on Banking, Housing, and Urban Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 2714
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Mercy Ships was founded in 1978 and has worked in more than 70 countries, providing services valued at more than
$1.3 billion, treating more than 2.56 million direct beneficiaries.
(2) Mercy Ships owns and operates the world's largest private hospital ship, the Africa Mercy that has five state-of-the-art operating rooms and ward bed space for 82 patients.
(3) Mercy Ships vessels are staffed by professional volunteer crew including surgeons, nurses, doctors, dentists, cooks, engineers, agriculturalists, teachers, and others.
(4) Mercy Ships has performed more than 82,000 life-changing or life-saving operations such as cleft lip and palate repair, cataract removal, orthopedic procedures, facial reconstruction, obstetric fistula repair, and tumor removal.
(5) Mercy Ships has treated over 147,000 dental patients including over 390,000 dental procedures.
(6) Mercy Ships has trained more than 5,900 local professionals (including surgeons) who have in turn trained many others.
(7) Mercy Ships has trained over 38,100 local professionals in their area of expertise including anesthesiology, midwifery, sterilization, orthopedic and reconstructive surgery, and leadership, thereby increasing medical capacity in the host nation.
(8) Mercy Ships has taught over 198,000 local people in basic health care.
(9) Mercy Ships has completed over 1,100 infrastructure development projects focusing on water and sanitation education, agriculture and construction projects which improve local health care delivery systems.
(10) Annually, Mercy Ships has over 1,600 volunteers who help in locations around the world, 900 of which serve in Africa. At any given time, there are more than 400 crew from 40 nations onboard the Africa Mercy.
(11) The Africa Mercy alone has had over 4,900 crew from 74 countries serve onboard since its inception in 2007. In addition, more than 950 local Day Workers from 12 different countries have served alongside since it first docked in Africa.
(12) Mercy Ships has served some of the world's poorest populations and completed over 589 port visits in 55 developing nations and 18 developed nations for a total of 73 nations including: Australia, Bahamas, Benin, Belgium, Belize, Brazil, Canada, China, Congo Brazzaville, Columbia, Cuba, Denmark, Dominican Republic, El Salvador, Estonia, Faroe Islands, Fiji, France, Gabon, The Gambia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea (West Africa), Guinea-Bissau, Guyana, Haiti, Honduras, Italy, Ivory Coast, Jamaica, Korea, Latvia, Liberia, Lithuania, Madagascar, Malta, Mexico, Montserrat, The Netherlands, New Caledonia, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Philippines, Poland, Russia, Samoa, Senegal, Sierra Leone, Solomon Islands, South Africa, Spain, St. Eustatius (NL), St. Kitts, St. Thomas, St. Vincent, Sweden, Tahiti, Togo, Tonga, Trinidad, the United Kingdom, the United States, and Vanuatu.
(13) Through the years, Mercy Ships has had four hospital ships that have served in some of the poorest ports in the world. Those include:
(A) The 16,500-ton Africa Mercy is the world's largest nongovernmental hospital ship and is dedicated to the continent of Africa.
(B) The 522-foot Anastasis was the flag ship, and completed her first relief mission in 1982 to Guatemala. Her crew of 400 worked in Africa until she was decommissioned in 2007.
(C) Acquired in 1994, the 265-foot Caribbean Mercy with her crew of 150 focused on the Caribbean basin and Central America with its Eye Surgery Unit. The ship was sold in 2006.
(D) Donated in 1983, the 172-foot Good Samaritan served the Caribbean, Central and South America for 11 years with a crew of 60. Renamed the Island Mercy, she was redeployed to the South Pacific in 1994 and served there until sold in 2001.
(E) Mercy Ships is currently building a new hospital ship to serve Africa's most needy for the next 50 years with delivery expected in 2018. The new vessel, larger than the Africa Mercy, will assume the title of world's largest private hospital ship with increased capacity building and a focus on healthcare training. It will also further the commitment of Mercy Ships to provide and promote through teaching, safe surgery globally as demonstrated by their membership in the G4 Alliance.
(14) Mercy Ships has hosted Presidents and other heads of state from many nations around the world onboard their hospital ships who commended the free health care provided to their people.
(15) Mercy Ships has been endorsed by President Nelson Mandela, President George Bush, Desmund Tutu, President Ellen Johnson Sirleaf, Sir John Major, President Dr. Ernest Bai Koroma, Tony Blair, President Jimmy Carter and First Lady Mary Flake de Flores.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Don and Deyon Stephens, Founders of Mercy Ships.
(b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury
(referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
______
By Ms. CANTWELL (for herself, Mr. Markey, Mr. Menendez, Mr. Van
Hollen, Mr. Whitehouse, Mr. Wyden, Mrs. Shaheen, Mr. Booker,
Mr. Reed, Mr. Nelson, Mrs. Murray, Mr. Sanders, Mr. Merkley,
Mr. Carper, Mr. Blumenthal, Ms. Hassan, Ms. Harris, and Mrs.
Feinstein):
S. 2720. A bill to codify the outer Continental Shelf blowout preventer systems and well control rule and the Arctic drilling rule; to the Committee on Energy and Natural Resources.
Mr. NELSON. Mr. President, tomorrow marks another somber occasion. Eight years ago, the news ticker came across our televisions saying that an oil rig in the Gulf of Mexico, off of Louisiana, was on fire, the Coast Guard was on the scene, and workers were missing.
It was a Tuesday night. It was nearly midnight on April 20, 2010. By morning light, we knew 11 men would not be going home again. For 87 days, the oil gushed into one of the most productive marine environments in the world. The studies show the oil impacted the deepwater corals and fish at the bottom of the food chain, all the way from the bottom up to the dolphins and sea turtles at the top.
Here is one example. This is one in the bayous. You can see the marsh grasses in the distance. You can see the oil as it is coming up, and it is literally covering everything. They did studies on fish that would be in a bayou like this. A little fish, about as big is this, is called a killifish. LSU professors did this study, and they compared them to the bayous where there was not this kind of oil, compared it to similar killifish. What they found over time was the little fish in bayous like this were stunted. They didn't reproduce. They mutated because of this.
Nearly 5 million barrels of oil gushed for 3 months. A lot of it is still there. Some of it is at the bottom where that well was, and that wellhead on the sea floor below the rig was a mile deep. We worked as one gulf community in a bipartisan way. We passed legislation--it was called the RESTORE Act--to send a message that there were going to be fines and penalties under the Clean Water Act. So many barrels of oil, a figure, and then the culpability of the oil company that allowed it to happen. A Federal judge did an extended trial over several years and came up with that fine and that penalty. The RESTORE Act said that money that was going to be assessed against the oil company was going back to the Gulf of Mexico region, and it was going to aid in the economy and in the environment.
There was another impact. The winds caught that oil slick and started sending it east from Louisiana, and it got over to the white sugary sands of Pensacola Beach in Destin and tar balls as far east as Panama City Beach. Those white sands were completely covered in tar and oil. Those photographs of Pensacola Beach went around the world. What was the result? Our guests, our visitors, our tourists, for an entire season, thought all of the Gulf of Mexico beaches along Florida were covered like Pensacola Beach was, and they didn't come for the entire year. Not only did you have an environmental effect like this, you had an economic effect like the loss of tourist revenue in the hotels, motels, the restaurants, the dry cleaners, the little newspapers, and all the ancillary businesses that depend upon a $60 billion-a-year tourist industry in Florida. Still, I am afraid the oil industry hopes we have forgotten all of this.
This month, the media released documents from 2016 in which BP claims that an oilspill can be a welcomed boost to local economies. Can you believe that? This oilspill was in 2010. In 2016, we have just uncovered documents that BP claimed that an oilspill can be ``a welcome boost to local economies.'' How outrageous and how arrogant. I can assure you, the coastal communities of Florida vigorously disagree, and I bet you the coastal communities that had to put up with that in their bayous would disagree vigorously as well.
All that progress, and yet the industry is relentless in wanting to take us backward. They still want to open up Florida's beaches and offshore to drilling, and we have to fight it every day.
The one thing we also have going for us is, the Gulf of Mexico, off of Florida, is the largest testing and training area for the U.S. military in the world. This Senator just climbed into an Air Force jet to fly part of the training profile for young pilots, knowing they have restricted airspace. That was out of Eglin Air Force Base--the testing and training designee for all of the Department of Defense. We have a range that goes from the Panhandle of Florida all the way south in the Gulf of Mexico, off of Key West. In a one-angle shot, they can shoot sophisticated, long-range weapons 600 miles to do the testing.
Big Oil is now trying to roll back some of the basic safety rules that were put in place after the disaster in order to prevent another tragedy. It is happening in front of our eyes. Two years ago, they said that an oilspill could be a welcome boost to the local economies. Yet they are rolling back safety rules today that were put in place in the aftermath of there being 11 people killed on the Deepwater Horizon oil rig. They are rolling that back today in this administration's agencies.
That is why I am joining Senator Cantwell and other colleagues in introducing legislation to codify these sensible safety measures, like those designed to update the standards for blowout preventers and a requirement for a third party to certify the safety mechanisms.
Let me explain what a blowout preventer is. It didn't work in the Deepwater Horizon oilspill. A mile below the surface, where the well comes out of the Earth, there is a thing called a blowout preventer. If, as happened, there is a blowout in BP's oil well, there is a mechanism that is supposed to safely cut the oil line--pinch it and stop it from flowing. It was faulty. It did not work. So there have been new standards for blowout preventers since 2010. In 2018, 8 years later, the oil industry is trying to roll back those safety requirements that were put in place in the aftermath of their spilling 5 million barrels of oil into the gulf.
Do you see the fight that we have? It is almost every week. We can't allow the Department of the Interior to take us backward in time and expose our beautiful beaches and our tourism-based local economies, as well as our military, to another Deepwater Horizon-type catastrophe if they keep pushing back these safety rules.
That is the purpose of introducing this legislation today with Senator Cantwell. If we don't watch it, we are going to be right back in the same place we were 8 years ago. It will be 8 years ago to the day tomorrow that we had that awful experience.
______
By Mr. DURBIN (for himself, Mr. Coons, Mr. Booker, Mr. Leahy, and
Ms. Warren):
S. 2724. A bill to reform the use of solitary confinement and other forms of restrictive housing in the Bureau of Prisons, and for other purposes; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 2724
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solitary Confinement Reform Act''.
SEC. 2. SOLITARY CONFINEMENT REFORMS.
(a) Amendment.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following:
``Sec. 4050. Solitary confinement
``(a) Definitions.--In this section:
``(1) Administrative maximum facility.--The term
`administrative maximum facility' means a maximum-security facility, including the Administrative Maximum facility in Florence, Colorado, designed to house inmates who present an ongoing significant and serious threat to other inmates, staff, and the public.
``(2) Administrative segregation.--The term `administrative segregation' means a non-punitive form of solitary confinement that removes an individual from the general population of a correctional facility for--
``(A) investigative, protective, or preventative reasons resulting in a substantial and immediate threat; or
``(B) transitional reasons, including a pending transfer, pending classification, or other temporary administrative matter.
``(3) Appropriate level of care.--The term `appropriate level of care' means the appropriate treatment setting for mental health care that an inmate with mental illness requires, which may include outpatient care, emergency or crisis services, day treatment, supported residential housing, infirmary care, or inpatient psychiatric hospitalization services.
``(4) Director.--The term `Director' means the Director of the Bureau of Prisons.
``(5) Disciplinary hearing officer.--The term `disciplinary hearing officer' means an employee of the Bureau of Prisons who is responsible for conducting disciplinary hearings for which solitary confinement may be a sanction, as described in section 541.8 of title 28, Code of Federal Regulations, or any successor thereto.
``(6) Disciplinary segregation.--The term `disciplinary segregation' means a punitive form of solitary confinement imposed only by a Disciplinary Hearing Officer as a sanction for committing a significant and serious disciplinary infraction.
``(7) Intellectual disability.--The term `intellectual disability' means a significant mental impairment characterized by significant limitations in both intellectual functioning and in adaptive behavior.
``(8) Multidisciplinary staff committee.--The term
`multidisciplinary staff committee' means a committee--
``(A) made up of staff at the facility where an inmate resides who are responsible for reviewing the initial placement of the inmate in solitary confinement and any extensions of time in solitary confinement; and
``(B) which shall include--
``(i) not less than 1 licensed mental health professional;
``(ii) not less than 1 medical professional; and
``(iii) not less than 1 member of the leadership of the facility.
``(9) Ongoing significant and serious threat.--The term
`ongoing significant and serious threat' means an ongoing set of circumstances that require the highest level of security and staff supervision for an inmate who, by the behavior of the inmate--
``(A) has been identified as assaultive, predacious, riotous, or a serious escape risk; and
``(B) poses a great risk to other inmates, staff, and the public.
``(10) Protection case.--The term `protection case' means an inmate who, by the request of the inmate or through a staff determination, requires protection, as described by section 541.23(c)(3) of title 28, Code of Federal Regulations, or any successor thereto.
``(11) Serious mental illness.--The term `serious mental illness' means a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.
``(12) Significant and serious disciplinary infraction.--The term `significant and serious disciplinary infraction' means--
``(A) an act of violence that either--
``(i) resulted in or was likely to result in serious injury or death to another; or
``(ii) occurred in connection with any act of non-consensual sex; or
``(B) an escape, attempted escape, or conspiracy to escape from within a security perimeter or custody, or both; or
``(C) possession of weapons, possession of illegal narcotics with intent to distribute, or other similar, severe threats to the safety of the inmate, other inmates, staff, or the public.
``(13) Solitary confinement.--The term `solitary confinement' means confinement characterized by substantial isolation in a cell, alone or with other inmates, including administrative segregation, disciplinary segregation, and confinement in any facility designated by the Bureau of Prisons as a special housing unit, special management unit, or administrative maximum facility.
``(14) Special administrative measures.--The term `special administrative measures' means reasonably necessary measures used to--
``(A) prevent disclosure of classified information upon written certification to the Attorney General by the head of an element of the intelligence community (as specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))) that the unauthorized disclosure of such information would pose a threat to the national security and that there is a danger that the inmate will disclose such information, as described by section 501.2 of title 28, Code of Federal Regulations, or any successor thereto; or
``(B) protect persons against the risk of death or serious bodily injury, upon written notification to the Director by the Attorney General or, at the Attorney General's direction, by the head of a Federal law enforcement agency, or the head of an element of the intelligence community (as specified or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))), that there is a substantial risk that the communications of an inmate or contacts by the inmate with other persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons, as described by section 501.3 of title 28, Code of Federal Regulations, or any successor thereto.
``(15) Special housing unit.--The term `special housing unit' means a housing unit in an institution of the Bureau of Prisons in which inmates are securely separated from the general inmate population for disciplinary or administrative reasons, as described in section 541.21 of title 28, Code of Federal Regulations, or any successor thereto.
``(16) Special management unit.--The term `special management unit' means a non-punitive housing program with multiple, step-down phases for inmates whose history, behavior, or situation requires enhanced management approaches in order to ensure the safety of other inmates, the staff, and the public.
``(17) Substantial and immediate threat.--The term
`substantial and immediate threat' means any set of temporary and unforeseen circumstances that require immediate action in order to combat a threat to the safety of an inmate, other inmates, staff, or the public.
``(b) Use of Solitary Confinement.--
``(1) In general.--The placement of a Federal inmate in solitary confinement within the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody shall be limited to situations in which such confinement--
``(A) is limited to the briefest term and the least restrictive conditions practicable, including not less than 4 hours of out-of-cell time every day, unless the inmate poses a substantial and immediate threat;
``(B) is consistent with the rationale for placement and with the progress achieved by the inmate;
``(C) allows the inmate to participate in meaningful programming opportunities and privileges as consistent with those available in the general population as practicable, either individually or in a classroom setting;
``(D) allows the inmate to have as much meaningful interaction with others, such as other inmates, visitors, clergy, or licensed mental health professionals, as practicable; and
``(E) complies with the provisions of this section.
``(2) Transitional process for inmates in solitary confinement.--
``(A) Inmates with upcoming release dates.--The Director shall establish--
``(i) policies to ensure that an inmate with an anticipated release date of 180 days or less is not housed in solitary confinement, unless--
``(I) such confinement is limited to not more than 5 days of administrative segregation relating to the upcoming release of the inmate; or
``(II) the inmate poses a substantial and immediate threat; and
``(ii) a transitional process for each inmate with an anticipated release date of 180 days or less who is held in solitary confinement under clause (i)(II), which shall include--
``(I) substantial re-socialization programming in a group setting;
``(II) regular mental health counseling to assist with the transition; and
``(III) re-entry planning services offered to inmates in a general population setting.
``(B) Inmates in long-term solitary confinement.--The Director shall establish a transitional process for each inmate who has been held in solitary confinement for more than 30 days and who will transition into a general population unit, which shall include--
``(i) substantial re-socialization programming in a group setting; and
``(ii) regular mental health counseling to assist with the transition.
``(3) Protective custody units.--The Director--
``(A) shall establish within the Federal prison system additional general population protective custody units that provide sheltered general population housing to protect inmates from harm that they may otherwise be exposed to in a typical general population housing unit;
``(B) shall establish policies to ensure that an inmate who is considered a protection case shall, upon request of the inmate, be placed in a general population protective custody unit;
``(C) shall create an adequate number of general population protective custody units to--
``(i) accommodate the requests of inmates who are considered to be protection cases; and
``(ii) ensure that inmates who are considered to be protection cases are placed in facilities as close to their homes as practicable; and
``(D) may not place an inmate who is considered to be a protection case in solitary confinement due to the status of the inmate as a protection case unless--
``(i) the inmate requests to be placed in solitary confinement, in which case, at the request of the inmate the inmate shall be transferred to a general population protective custody unit or, if appropriate, a different general population unit; or
``(ii) such confinement is limited to--
``(I) not more than 5 days of administrative segregation; and
``(II) is necessary to protect the inmate during preparation for transfer to a general population protective custody unit or a different general population unit.
``(4) Vulnerable populations.--The Bureau of Prisons or any facility that contracts with the Bureau of Prisons shall not place an inmate in solitary confinement if--
``(A) the inmate is younger than 18 years of age, unless--
``(i) such confinement is a temporary response to the behavior of the inmate, which poses a substantial and immediate threat;
``(ii) all other options to de-escalate the situation have been exhausted, including less restrictive techniques such as--
``(I) penalizing the inmate through loss of privileges;
``(II) speaking with the inmate in an attempt to de-escalate the situation; and
``(III) a licensed mental health professional providing an appropriate level of care;
``(iii) such confinement is limited to--
``(I) 3 hours after the inmate is placed in solitary confinement, if the inmate poses a substantial and immediate threat to others; or
``(II) 30 minutes after the inmate is placed in solitary confinement, if the inmate poses a substantial and immediate threat only to himself or herself; and
``(iv) if, after the applicable maximum period of confinement under subclause (I) or (II) of clause (iii) has expired, the inmate continues to pose a substantial and immediate threat described in that subclause--
``(I) the inmate shall be transferred to another facility or internal location where services can be provided to the inmate without relying on solitary confinement; or
``(II) if a qualified mental health professional believes the level of crisis service needed is not currently available, a staff member of the facility shall initiate a referral to a location that can meet the needs of the inmate;
``(B) the inmate has a serious mental illness, has an intellectual disability, has a physical disability that a licensed medical professional finds is likely to be exacerbated by placement in solitary confinement, is pregnant or in the first 8 weeks of the post-partum recovery period after giving birth, or has been determined by a licensed mental health professional to likely be significantly adversely affected by placement in solitary confinement, unless--
``(i) the inmate poses a substantial and immediate threat;
``(ii) all other options to de-escalate the situation have been exhausted, including less restrictive techniques such as--
``(I) penalizing the inmate through loss of privileges;
``(II) speaking with the inmate in an attempt to de-escalate the situation; and
``(III) a licensed mental health professional providing an appropriate level of care;
``(iii) such confinement is limited to the briefest term and the least restrictive conditions practicable, including access to medical and mental health treatment;
``(iv) such confinement is reviewed by a multidisciplinary staff committee for appropriateness every 24 hours; and
``(v) as soon as practicable, but not later than 5 days after such confinement begins, the inmate is diverted, upon release from solitary confinement, to--
``(I) a general population unit;
``(II) a protective custody unit described in paragraph
(3); or
``(III) a mental health treatment program as described in subsection (c)(2);
``(C) the inmate is lesbian, gay, bisexual, transgender (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), intersex (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), or gender nonconforming (as defined in section 115.5 of title 28, Code of Federal Regulations, or any successor thereto), when such placement is solely on the basis of such identification or status; or
``(D) the inmate is HIV positive, if the placement is solely on the basis of the HIV positive status of the inmate.
``(5) Special housing units.--The Director shall--
``(A) limit administrative segregation--
``(i) to situations in which such segregation is necessary to--
``(I) control a substantial and immediate threat that cannot be addressed through alternative housing; or
``(II) temporarily house an inmate pending transfer, pending classification, or pending resolution of another temporary administrative matter; and
``(ii) to a duration of not more than 15 consecutive days, and not more than 20 days in a 60-day period, unless--
``(I) the inmate requests to remain in administrative segregation under paragraph (3)(D)(i); or
``(II) in order to address the continued existence of a substantial and immediate threat, a multidisciplinary staff committee approves a temporary extension, which--
``(aa) may not be longer than 15 days; and
``(bb) shall be reviewed by the multidisciplinary staff committee every 3 days during the period of the extension, in order to confirm the continued existence of the substantial and immediate threat;
``(B) limit disciplinary segregation--
``(i) to situations in which such segregation is necessary to punish an inmate who has been found to have committed a significant and serious disciplinary infraction by a Disciplinary Hearing Officer and alternative sanctions would not adequately regulate the behavior of the inmate; and
``(ii) to a duration of not more than 30 consecutive days, and not more than 40 days in a 60-day period, unless a multidisciplinary staff committee, in consultation with the Disciplinary Hearing Officer who presided over the inmate's disciplinary hearing, determines that the significant and serious disciplinary infraction of which the inmate was found guilty is of such an egregious and violent nature that a longer sanction is appropriate and approves a longer sanction, which--
``(I) may be not more than 60 days in a special housing unit if the inmate has never before been found guilty of a similar significant and serious disciplinary infraction; or
``(II) may be not more than 90 days in a special housing unit if the inmate has previously been found guilty of a similar significant and serious disciplinary infraction;
``(C) ensure that any time spent in administrative segregation during an investigation into an alleged offense is credited as time served for a disciplinary segregation sentence;
``(D) ensure that concurrent sentences are imposed for disciplinary violations arising from the same episode; and
``(E) ensure that an inmate may be released from disciplinary segregation for good behavior before completing the term of the inmate, unless the inmate poses a substantial and immediate threat to the safety of other inmates, staff, or the public.
``(6) Special management units.--The Director shall--
``(A) limit segregation in a special management unit to situations in which such segregation is necessary to temporarily house an inmate whose history, behavior, or circumstances require enhanced management approaches that cannot be addressed through alternative housing;
``(B) evaluate whether further reductions to the minimum and maximum number of months an inmate may spend in a special management unit are appropriate on an annual basis;
``(C) ensure that each inmate understands the status of the inmate in the special management unit program and how the inmate may progress through the program; and
``(D) further reduce the minimum and maximum number of months an inmate may spend in a special management unit if the Director determines such reductions are appropriate after evaluations are performed under subparagraph (B).
``(7) Administrative maximum facilities.--The Director shall--
``(A) limit segregation in an administrative maximum facility to situations in which such segregation is necessary to--
``(i) implement special administrative measures, as directed by the Attorney General; or
``(ii) house an inmate who poses an ongoing significant and serious threat to the safety of other inmates, staff, or the public that cannot be addressed through alternative housing; and
``(B) issue final approval of referral of any inmate who poses an ongoing significant and serious threat for placement in an Administrative Maximum facility, including the United States Penitentiary Administrative Maximum in Florence, Colorado.
``(8) Right to review placement in solitary confinement.--The Director shall ensure that each inmate placed in solitary confinement has access to--
``(A) written notice thoroughly detailing the basis for placement or continued placement in solitary confinement not later than 6 hours after the beginning of such placement, including--
``(i) thorough documentation explaining why such confinement is permissible and necessary under paragraph (1); and
``(ii) if an exception under paragraph (2)(A), (3)(D),
(4)(A), (4)(B), (4)(C), (5)(A), or (5)(B) is used to justify placement in solitary confinement or under paragraph (1) to justify increased restrictive conditions in solitary confinement, thorough documentation explaining why such an exception applied;
``(B) a timely, thorough, and continuous review process that--
``(i) occurs within not less than 3 days of placement in solitary confinement, and thereafter at least--
``(I) on a weekly basis for inmates in special housing units;
``(II) on a monthly basis for inmates in special management units; and
``(III) on a monthly basis for inmates at an administrative maximum facility;
``(ii) includes private, face-to-face interviews with a multidisciplinary staff committee; and
``(iii) examines whether--
``(I) placement in solitary confinement was and remains necessary;
``(II) the conditions of confinement comply with this section; and
``(III) whether any exception under paragraph (2)(A),
(3)(D), (4)(A), (4)(B), (4)(C), (5)(A), or (5)(B) used to justify placement in solitary confinement or under paragraph
(1) used to justify increased restrictive conditions in solitary confinement was and remains warranted;
``(C) a process to appeal the initial placement or continued placement of the inmate in solitary confinement;
``(D) prompt and timely written notice of the appeal procedures; and
``(E) copies of all documents, files, and records relating to the inmate's placement in solitary confinement, unless such documents contain contraband, classified information, or sensitive security-related information.
``(c) Mental Health Care for Inmates in Solitary Confinement.--
``(1) Mental health screening.--Not later than 6 hours after an inmate in the custody of the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody is placed in solitary confinement, the inmate shall receive a comprehensive, face-to-face mental health evaluation by a licensed mental health professional in a confidential setting.
``(2) Mental health treatment program.--An inmate diagnosed with a serious mental illness after an evaluation required under paragraph (1)--
``(A) shall not be placed in solitary confinement in accordance with subsection (b)(4); and
``(B) may be diverted to a mental health treatment program within the Bureau of Prisons that provides an appropriate level of care to address the inmate's mental health needs.
``(3) Continuing evaluations.--After each 14-calendar-day period an inmate is held in continuous placement in solitary confinement--
``(A) a licensed mental health professional shall conduct a comprehensive, face-to-face, out-of-cell mental health evaluation of the inmate in a confidential setting; and
``(B) the Director shall adjust the placement of the inmate in accordance with this subsection.
``(4) Requirement.--The Director shall operate mental health treatment programs in order to ensure that inmates of all security levels with serious mental illness have access to an appropriate level of care.
``(d) Training for Bureau of Prisons Staff.--
``(1) Training.--All employees of the Bureau of Prisons or any facility that contracts with the Bureau of Prisons to provide housing for inmates in Federal custody who interact with inmates on a regular basis shall be required to complete training in--
``(A) the recognition of symptoms of mental illness;
``(B) the potential risks and side effects of psychiatric medications;
``(C) de-escalation techniques for safely managing individuals with mental illness;
``(D) consequences of untreated mental illness;
``(E) the long- and short-term psychological effects of solitary confinement; and
``(F) de-escalation and communication techniques to divert inmates from situations that may lead to the inmate being placed in solitary confinement.
``(2) Notification to medical staff.--An employee of the Bureau of Prisons shall immediately notify a member of the medical or mental health staff if the employee--
``(A) observes an inmate with signs of mental illness, unless such employee has knowledge that the inmate's signs of mental illness have previously been reported; or
``(B) observes an inmate with signs of mental health crisis.
``(e) Civil Rights Ombudsman.--
``(1) In general.--Within the Bureau of Prisons, there shall be a position of the Civil Rights Ombudsman (referred to in this subsection as the `Ombudsman') and an Office of the Civil Rights Ombudsman.
``(2) Appointment.--The Ombudsman shall be appointed by the Attorney General and shall report directly to the Director. The Ombudsman shall have a background in corrections and civil rights and shall have expertise on the effects of prolonged solitary confinement.
``(3) Reporting.--The Director shall ensure that each Bureau of Prisons facility or any facility that contracts with the Bureau of Prisons provides multiple internal ways for inmates and others to promptly report civil rights violations and violations of this section to the Ombudsman, including--
``(A) not less than 2 procedures for inmates and others to report civil rights violations and violations of this section to an entity or office that is not part of the facility, and that is able to receive and immediately forward inmate reports to the Ombudsman, allowing the inmate to remain anonymous upon request; and
``(B) not less than 2 procedures for inmates and others to report civil rights abuses and violations of this section to the Ombudsman in a confidential manner, allowing the inmate to remain anonymous upon request.
``(4) Notice.--The Director shall ensure that each Bureau of Prisons facility or any facility that contracts with the Bureau of Prisons provides inmates with--
``(A) notice of how to report civil rights violations and violations of this section in accordance with paragraph (3), including--
``(i) notice prominently posted in the living and common areas of each such facility;
``(ii) individual notice to inmates at initial intake into the Bureau of Prisons, when transferred to a new facility, and when placed in solitary confinement;
``(iii) notice to inmates with disabilities in accessible formats; and
``(iv) written or verbal notice in a language the inmate understands; and
``(B) notice of permissible practices related to solitary confinement in the Bureau of Prisons, including the requirements of this section.
``(5) Functions.--The Ombudsman shall--
``(A) review all complaints the Ombudsman receives;
``(B) investigate all complaints that allege a civil rights violation or violation of this section;
``(C) refer all possible violations of law to the Department of Justice;
``(D) refer to the Director allegations of misconduct involving Bureau of Prisons staff;
``(E) identify areas in which the Bureau of Prisons can improve the Bureau's policies and practices to ensure that the civil rights of inmates are protected;
``(F) identify areas in which the Bureau of Prisons can improve the solitary confinement policies and practices of the Bureau and reduce the use of solitary confinement; and
``(G) propose changes to the policies and practices of the Bureau of Prisons to mitigate problems and address issues the Ombudsman identifies.
``(6) Access.--The Ombudsman shall have unrestricted access to Bureau of Prisons facilities and any facility that contracts with the Bureau of Prisons and shall be able to speak privately with inmates and staff.
``(7) Annual reports.--
``(A) Objectives.--Not later than December 31 of each year, the Ombudsman shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the activities of the Office of the Ombudsman for the fiscal year ending in such calendar year.
``(B) Contents.--Each report submitted under subparagraph
(A)--
``(i) contain full and substantive analysis, in addition to statistical information;
``(ii) identify the recommendations the Office of the Ombudsman has made on addressing reported civil rights violations and violations of this section and reducing the use and improving the practices of solitary confinement in the Bureau of Prisons;
``(iii) contain a summary of problems relating to reported civil rights violations and violations of this section, including a detailed description of the nature of such problems and a breakdown of where the problems occur among Bureau of Prisons facilities and facilities that contract with the Bureau of Prisons;
``(iv) contain an inventory of the items described in clauses (ii) and (iii) for which action has been taken and the result of such action;
``(v) contain an inventory of the items described in clauses (ii) and (iii) for which action remains to be completed and the period during which each item has remained on such inventory;
``(vi) contain an inventory of the items described in clauses (ii) and (iii) for which no action has been taken, the period during which each item has remained on such inventory, the reasons for the inaction, and shall identify any official of the Bureau of Prisons who is responsible for such inaction;
``(vii) contain recommendations for such legislative or administrative action as may be appropriate to resolve problems identified in clause (iii); and
``(viii) include such other information as the Ombudsman determines necessary.
``(C) Submission of reports.--Each report required under this paragraph shall be provided directly to the Committees described in subparagraph (A) without any prior review, comment, or amendment from the Director or any other officer or employee of the Department of Justice or Bureau of Prisons.
``(8) Regular meetings with the director of the bureau of prisons.--The Ombudsman shall meet regularly with the Director to identify problems with reported civil rights violations and the solitary confinement policies and practices of the Bureau of Prisons, including overuse of solitary confinement, and to present recommendations for such administrative action as may be appropriate to resolve problems relating to reported civil rights violations and the solitary confinement policies and practices of the Bureau of Prisons.
``(9) Responsibilities of bureau of prisons.--The Director shall establish procedures requiring that, not later than 3 months after the date on which a recommendation is submitted to the Director by the Ombudsman, the Director or other appropriate employee of the Bureau of Prisons issue a formal response to the recommendation.
``(10) Non-application of the prison litigation reform act.--Inmate reports sent to the Ombudsman shall not be considered an administrative remedy under section 7(a) of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e(a)).''.
(b) Technical and Conforming Amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by inserting after the item relating to section 4049 the following:
``4050. Solitary confinement.''.
SEC. 3. REASSESSMENT OF INMATE MENTAL HEALTH.
Not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall--
(1) assemble a team of licensed mental health professionals, which may include licensed mental health professionals who are not employed by the Bureau of Prisons, to conduct a comprehensive mental health reevaluation for each inmate held in solitary confinement for more than 30 days as of the date of enactment of this Act, including a confidential, face-to-face, out-of-cell interview by a licensed mental health professional; and
(2) adjust the placement of each inmate in accordance with section 4050(c) of title 18, United States Code, as added by section 2.
SEC. 4. DIRECTOR OF BUREAU OF PRISONS.
Section 4041 of title 18, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before the ``The Bureau of Prisons shall be''; and
(2) by adding at the end the following:
``(b) Ombudsman.--The Director of the Bureau of Prisons shall--
``(1) meet regularly with the Ombudsman appointed under section 4050(e) to identify how the Bureau of Prisons can address reported civil rights violations and reduce the use of solitary confinement and correct problems in the solitary confinement policies and practices of the Bureau;
``(2) conduct a prompt and thorough investigation of each referral from the Ombudsman under section 4050(e)(5)(D), after each such investigation take appropriate disciplinary action against any Bureau of Prisons employee who is found to have engaged in misconduct or to have violated Bureau of Prisons policy, and notify the Ombudsman of the outcome of each such investigation; and
``(3) establish procedures requiring a formal response by the Bureau of Prisons to any recommendation of the Ombudsman in the annual report submitted under section 4050(e)(6) not later than 90 days after the date on which the report is submitted to Congress.''.
SEC. 5. DATA TRACKING OF USE OF SOLITARY CONFINEMENT.
Section 4047 of title 18, United States Code, is amended by adding at the end the following:
``(d) Prison Solitary Confinement Assessments.--
``(1) In general.--Not later than March 31 of each year, the Director of the Bureau of Prisons shall prepare and transmit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual assessment of the use of solitary confinement by the Bureau of Prisons, as defined in section 4050(a).
``(2) Contents.--Each assessment submitted under paragraph
(1) shall include--
``(A) the policies and regulations of the Bureau of Prisons, including any changes in policies and regulations, for determining which inmates are placed in each form of solitary confinement, or housing in which an inmate is separated from the general population in use during the reporting period, and a detailed description of each form of solitary confinement in use, including all maximum and high security facilities, all special housing units, all special management units, all Administrative Maximum facilities, including the United States Penitentiary Administrative Maximum in Florence, Colorado, and all Communication Management Units;
``(B) the number of inmates in the custody of the Bureau of Prisons who are housed in each type of solitary confinement for any period and the percentage of all inmates who have spent at least some time in each form of solitary confinement during the reporting period;
``(C) the demographics of all inmates housed in each type of solitary confinement described in subparagraph (A), including race, ethnicity, religion, age, and gender;
``(D) the policies and regulations of the Bureau of Prisons, including any updates in policies and regulations, for subsequent reviews or appeals of the placement of an inmate into or out of solitary confinement;
``(E) the number of reviews of and challenges to each type of solitary confinement placement described in subparagraph
(A) conducted during the reporting period and the number of reviews or appeals that directly resulted in a change of placement;
``(F) the general conditions and restrictions for each type of solitary confinement described in subparagraph (A), including the number of hours spent in `isolation,' or restraint, for each, and the percentage of time these conditions involve single-inmate housing;
``(G) the mean and median length of stay in each form of solitary confinement described in subparagraph (A), based on all individuals released from solitary confinement during the reporting period, including maximum and high security facilities, special housing units, special management units, the Administrative Maximum facilities, including the United States Penitentiary Administrative Maximum in Florence, Colorado, Communication Management Units, and any maximum length of stay during the reporting period;
``(H) the number of inmates who, after a stay of 5 or more days in solitary confinement, were released directly from solitary confinement to the public during the reporting period;
``(I) the cost for each form of solitary confinement described in subparagraph (A) in use during the reporting period, including as compared with the average daily cost of housing an inmate in the general population;
``(J) statistics for inmate assaults on correctional officers and staff of the Bureau of Prisons, inmate-on-inmate assaults, and staff-on-inmate use of force incidents in the various forms of solitary confinement described in subparagraph (A) and statistics for such assaults in the general population;
``(K) the policies for mental health screening, mental health treatment, and subsequent mental health reviews for all inmates, including any update to the policies, and any additional screening, treatment, and monitoring for inmates in solitary confinement;
``(L) a statement of the types of mental health staff that conducted mental health assessments for the Bureau of Prisons during the reporting period, a description of the different positions in the mental health staff of the Bureau of Prisons, and the number of part- and full-time psychologists and psychiatrists employed by the Bureau of Prisons during the reporting period;
``(M) data on mental health and medical indicators for all inmates in solitary confinement, including--
``(i) the number of inmates requiring medication for mental health conditions;
``(ii) the number diagnosed with an intellectual disability;
``(iii) the number diagnosed with serious mental illness;
``(iv) the number of suicides;
``(v) the number of attempted suicides and number of inmates placed on suicide watch;
``(vi) the number of instances of self-harm committed by inmates;
``(vii) the number of inmates with physical disabilities, including blind, deaf, and mobility-impaired inmates; and
``(viii) the number of instances of forced feeding of inmates; and
``(N) any other relevant data.''.
SEC. 6. NATIONAL RESOURCE CENTER ON SOLITARY CONFINEMENT
REDUCTION AND REFORM.
(a) Definition of Eligible Entity.--In this section, the term ``eligible entity'' means an entity, or a partnership of entities, that has demonstrated expertise in the fields of--
(1) solitary confinement, including the reduction and reform of its use; and
(2) providing technical assistance to corrections agencies on how to reduce and reform solitary confinement.
(b) Requirements.--Not later than 180 days after the date of enactment of this Act, the Bureau of Justice Assistance shall enter into a cooperative agreement, on a competitive basis, with an eligible entity for the purpose of establishing a coordinating center for State, local, and Federal corrections systems, which shall conduct activities such as--
(1) provide on-site technical assistance and consultation to Federal, State, and local corrections agencies to safely reduce the use of solitary confinement;
(2) act as a clearinghouse for research, data, and information on the safe reduction of solitary confinement in prisons and other custodial settings, including facilitating the exchange of information between Federal, State, and local practitioners, national experts, and researchers;
(3) create a minimum of 10 learning sites in Federal, State, and local jurisdictions that have already reduced their use of solitary confinement and work with other Federal, State, and local agencies to participate in training, consultation, and other forms of assistance and partnership with these learning sites;
(4) conduct evaluations of jurisdictions that have decreased their use of solitary confinement to determine best practices;
(5) conduct research on the effectiveness of alternatives to solitary confinement, such as step-down or transitional programs, strategies to reintegrate inmates into general population, the role of officers and staff culture in reform efforts, and other research relevant to the safe reduction of solitary confinement;
(6) develop and disseminate a toolkit for systems to reduce the excessive use of solitary confinement;
(7) develop and disseminate an online self-assessment tool for State and local jurisdictions to assess their own use of solitary confinement and identify strategies to reduce its use; and
(8) conduct public webinars to highlight new and promising practices.
(c) Administration.--The program under this section shall be administered by the Bureau of Justice Assistance.
(d) Report.--On an annual basis, the coordinating center shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on its activities and any changes in solitary confinement policy at the Federal, State, or local level that have resulted from its activities.
(e) Duration.--The Bureau of Justice Assistance shall enter into a cooperative agreement under this section for 5 years.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) to the Director of the Bureau of Prisons such sums as may be necessary to carry out sections 2, 3, 4, and 5, and the amendments made by such sections; and
(2) to the Bureau of Justice Assistance such sums as may be necessary to carry out section 6.
SEC. 8. NOTICE AND COMMENT REQUIREMENT.
The Director of the Bureau of Prisons shall prescribe rules, in accordance with section 553 of title 5, United States Code, to carry out this Act and the amendments made by this Act.
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by this Act shall take effect 18 months after the date of enactment of this Act.
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