[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2477 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2477
To end the use of solitary confinement and other forms of restrictive
housing in all Federal agencies and entities with which Federal
agencies contract.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2025
Mr. Markey (for himself, Ms. Warren, Mr. Sanders, Ms. Hirono, and Mr.
Merkley) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To end the use of solitary confinement and other forms of restrictive
housing in all Federal agencies and entities with which Federal
agencies contract.
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 ``End Solitary Confinement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the use of solitary confinement as a carceral practice
causes devastating harm and constitutes a form of torture;
(2) solitary confinement of any length of time, measured in
days or even hours, can cause self-mutilation, suicide, heart
disease, anxiety, depression, psychosis, mental and physical
deterioration, and a significantly heightened risk of death;
(3) over 120,000 people are estimated to be in solitary
confinement on any given day in Federal, State, local, and
immigration detention facilities;
(4) solitary confinement and other forms of restrictive
housing and practices are disproportionately inflicted on
Black, Latinx, Native, and other people of color, as well as
transgender and gender nonconforming people, people with mental
health needs, and young people;
(5) survivors of solitary confinement often carry
significant trauma and other physical and psychological harm
with them for the rest of their lives;
(6) solitary confinement has directly caused the deaths of
far too many people and has increased violence and harm in
prisons, detention facilities, and communities;
(7) solitary confinement derives from, and helps
perpetuate, a horrific and brutal incarceration system that is
rooted in racism and focuses on extreme punishment and abuse,
rather than on providing opportunities for growth, healing,
redemption, and transformation;
(8) the United States is an outlier among advanced
democracies in the use of solitary confinement;
(9) evidence shows that out-of-cell, prosocial engagement
and programming increase safety, well-being, and reentry
outcomes;
(10) solitary confinement is expensive, and cost analyses
at the Federal and State levels indicate that the elimination
of solitary confinement would save taxpayers billions of
dollars; and
(11) solitary confinement is costly to taxpayers, does not
make communities safer, jeopardizes the safety of incarcerated
people and correctional staff, constitutes inhumane and
degrading treatment, and has no place in a civilized society.
SEC. 3. ENDING SOLITARY CONFINEMENT AND ESTABLISHING MINIMUM STANDARDS.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4015. Ending solitary confinement and establishing minimum
standards
``(a) Prohibition on the Use of Solitary Confinement and
Establishment of Minimum Standards.--
``(1) In general.--Except in the circumstances described in
paragraph (2)(B), a person incarcerated in a Federal facility
may not be placed in solitary confinement.
``(2) Minimum standards for out-of-cell time and meaningful
human engagement.--
``(A) Congregate interaction required.--Except as
provided in clauses (iii) and (iv) of subparagraph (B),
all persons incarcerated in a Federal facility,
regardless of housing unit or detention status, shall
have access to not less than 14 hours per day of out-
of-cell congregate interaction in a shared space,
without physical barriers, that is conducive to
meaningful group interaction, including access to--
``(i) not less than 7 hours per day of
structured out-of-cell, congregate programming
led by a staff member, incarcerated person, or
community member, including access to
educational, vocational, volunteer, mental
health, violence prevention, alcohol and
substance use treatment, financial, religious,
and reentry programming;
``(ii) not less than 1 hour per day of out-
of-cell congregate recreation; and
``(iii) other unstructured out-of-cell
congregate activities, including time in a day
room or equivalent space, meals, library and
law library, legal visits, social and legal
telephone calls, contact social visitation
without physical barriers, and personal
property and commissary.
``(B) Prohibition on solitary confinement.--A
person incarcerated in a Federal facility may not be
placed in solitary confinement unless such placement is
necessary--
``(i) at night for count or sleep, not to
exceed 8 hours in any 24-hour period;
``(ii) 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 cell, not to exceed 2
hours during any 24-hour period;
``(iii) subject to subparagraphs (C) and
(D), in an emergency situation as a last
resort, only if necessary to de-escalate
immediate circumstances that pose a specific
and significant risk of imminent serious
physical injury to the person, staff, or other
incarcerated persons, and for as short a time
as necessary to de-escalate such circumstances,
not to exceed--
``(I) 4 hours total immediately
following such emergency situation;
``(II) 4 hours total during any 24-
hour period; or
``(III) 12 hours total during any
7-day period; or
``(iv) as part of a Federal agency-wide,
Federal facility-wide, or partial Federal
facility-wide lockdown, and--
``(I) 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 persons;
``(II) only when there are no less
restrictive means to address an
emergency, as a last resort after
exhausting less restrictive measures;
``(III) if the lockdown is confined
to as narrow an area as possible and to
as limited number of people as
possible; and
``(IV) if the lockdown is reviewed
every hour by the head of the Federal
facility or Federal agency, with
notification provided to the Federal
agency regional or field office, or
equivalent office responsible for
oversight of the Federal facility,
beginning at the time the lockdown has
lasted 2 hours, and is lifted as
quickly as possible, provided that such
lockdown shall not exceed--
``(aa) 4 hours total from
the time at which the lockdown
starts;
``(bb) 4 hours total during
any 24-hour period; or
``(cc) 12 hours total
during any 7-day period.
``(C) De-escalation and engagement.--
``(i) In general.--With respect to any
placement pursuant to subparagraph (B)(iii),
Federal facility staff shall meet with the
incarcerated person not less frequently than
once per hour to attempt de-escalation, work
toward the release of the person from such
confinement, and determine whether it is
necessary to continue to hold the person in
such confinement, and with respect to any
placement pursuant to clause (iii) or (iv) of
subparagraph (B) or any placement pursuant to
subparagraph (G), health care staff must
conduct a thorough medical, mental health,
social, and behavioral assessment upon
admission to such placement, conduct meaningful
check-ins every 15 minutes to engage with the
person in custody, evaluate and treat any
urgent health needs, and attempt de-escalation.
``(ii) Relocation by health care staff.--If
health care staff determines an incarcerated
person should be removed from solitary
confinement for assessment or treatment
purposes, or because of a negative impact of
such confinement, the person shall be relocated
to an appropriate setting as determined by
health care staff.
``(iii) Assessment.--
``(I) In general.--Health care
staff must conduct a thorough medical,
mental health, social, and behavioral
assessment of any person who would have
been placed in confinement under
subparagraph (B)(iii) but who is
prohibited from such placement under
subparagraph (D).
``(II) Treatment.--Health care
staff shall subsequently treat any
health needs identified in an
assessment conducted under subclause
(I).
``(D) Prohibition on involuntary confinement.--No
person may be involuntarily confined in a cell under
subparagraph (B)(iii) who--
``(i) is 25 years of age or younger;
``(ii) is 55 years of age or older;
``(iii) has a disability, as defined in
section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102);
``(iv) has any diagnosed mental health
need;
``(v) is pregnant, in the first 12 weeks of
the postpartum recovery period after giving
birth, experiencing a miscarriage, or
terminating a pregnancy, or longer if medically
necessary, or caring for a child in a facility
program; or
``(vi) has identified as, or is known or
perceived by any facility staff to be, lesbian,
gay, bisexual, transgender, intersex, or gender
nonconforming.
``(E) Requirements for separation.--
``(i) In general.--If a Federal facility
determines that a person must be separated from
the general facility population, including any
placement in protective custody, for any
reasons other than, or in a manner other than
as provided under clauses (iii) and (iv) of
subparagraph (B), such separation in an
alternative unit must--
``(I) comply with--
``(aa) subparagraphs (A)
and (F); and
``(bb) paragraphs (3), (4),
and (5); and
``(II) provide appropriate, high
quality medical assessment and care and
provide access to out-of-cell,
congregate, trauma-informed,
therapeutic programming aimed at
promoting personal development,
addressing underlying causes of
problematic behavior resulting in the
alternative unit placement, and helping
prepare for discharge from the unit to
the general population and to the
community.
``(ii) Assessment.--
``(I) In general.--Immediately upon
placement in an alternative unit,
health care staff shall conduct a
thorough medical, mental health,
social, and behavioral assessment and
subsequently treat any health needs
that result from such assessment.
``(II) Cognitive impairment
evaluation.--For a person who is aged
55 or over, and for any other person
showing any signs of potential
cognitive impairment, such assessment
shall include an evaluation for
cognitive impairment.
``(F) Prohibition on limitation of services.--In
all Federal facilities, the following may not be
imposed as a form of punishment, discipline, or for any
other reason:
``(i) Limitation on services, programming,
treatment, contact visitation, phone calls,
email, mail, or basic needs such as clothing,
food, or bedding.
``(ii) Involuntary restricted diets or any
other involuntary change in diet.
``(iii) Confiscation of approved personal
property.
``(G) Separation for medical purpose.--
``(i) In general.--
``(I) Requirement.--A person may be
separated from the general facility
population into an alternative unit for
medical purposes, including medical
quarantine, medical isolation, acute
intoxication (while awaiting
detoxification), and/or an acute
psychiatric crisis (such as acute
psychosis awaiting optimization of
psychiatric medication) but only if--
``(aa) necessary to address
immediate, specific, and
significant risk of medical
contagion or imminent serious
physical injury to a person,
staff, or other incarcerated
persons; and
``(bb) done in a medical
unit overseen by health care
staff for as limited a time as
medically necessary as
determined by health care
staff.
``(II) Alternative unit
requirements.--An alternative unit used
under subclause (I) shall be required
to--
``(aa) be located in the
least restrictive environment
that is medically appropriate;
``(bb) be in compliance
with subparagraphs (A), (E),
and (F) of this paragraph and
paragraph (5) of this
subsection; and
``(cc) provide comparable
access granted to persons
incarcerated in the general
population to phone calls,
emails, contact visits, time
outdoors, access to reading
materials, recreation,
interactions with other
incarcerated people, out-of-
cell time, and programming, all
with medically appropriate
modifications determined
necessary by health care staff,
such as maintaining physical
distance determined appropriate
by health care staff during
infectious outbreaks.
``(ii) General review for medical
necessity.--
``(I) 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 placement, if
medically necessary.
``(II) Contents.--An authorization
under subclause (I) shall state--
``(aa) the length of time
that the lead health care
provider believes the medical
quarantine or medical isolation
shall last; and
``(bb) for persons placed
in medical isolation due to
acute psychiatric needs, the
length of time the lead health
care provider expects for the
person to become stabilized,
including stabilized on anti-
psychotic medication.
``(iii) Review for placement of more than
24 hours.--
``(I) In general.--If any such
placement lasts more than 24 hours, 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 necessary.
``(II) Continuing review.--The lead
agency health care professional shall
review the placement every 24 hours
after the review conducted under
subclause (I) to determine if the
continued placement is medically
necessary and provide written
authorization every 24 hours after the
review conducted under subclause (I)
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
necessary.
``(iv) Cessation of medical necessity.--If,
at any time, 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
immediate, specific, and significant risk of
medical contagion or imminent serious physical
injury to a person, staff, or other
incarcerated persons, the person shall be
released from the placement.
``(v) Discharge to outside community
hospitals.--If a Federal facility is unable to
properly treat a person in quarantine or
medical isolation, including medical isolation
for a person experiencing an acute psychiatric
crisis without resorting to the use of solitary
confinement beyond uses allowed under clause
(i), or (ii) of subparagraph (B) or without
complying with the requirements of an
alternative unit, then the Federal facility
shall discharge the person to an appropriate
outside community hospital that can provide the
requisite care.
``(3) Due process requirements.--
``(A) Hearing regulations.--
``(i) In general.--The reasons and
procedures for placement in protective custody
shall be subject to the regulations, rules,
standards, and procedures (or any successors
thereof) applicable to each Federal agency.
``(ii) Requirements.--All hearings under
regulations described in clause (i) shall
comply with paragraph (4), and the conditions
for all people in protective custody shall
comply with--
``(I) subparagraphs (A), (E), and
(F) of paragraph (2); and
``(II) paragraph (5).
``(B) Review of placement.--
``(i) In general.--The placement of an
incarcerated person in an alternative unit
shall be meaningfully reviewed not less than
the first 15 days after placement in the
alternative unit, and not less frequently than
every 15 days thereafter, by a
multidisciplinary team, including program and
health care staff, 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 person,
staff, or other incarcerated persons.
``(ii) Notice of reasons for
determination.--If an incarcerated person is
not discharged from an alternative unit at a
review described under clause (i), the
incarcerated person shall promptly receive in
writing the reasons for the determination and
the program, treatment, service, or corrective
action required before discharge.
``(iii) Access to services; discharge.--
Each incarcerated person shall be given access
to the programs, treatment, and services
specified under subparagraph (A), 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 person, staff, or other
incarcerated persons during the subsequent 15
days.
``(iv) Duration.--Other than for purposes
of protective custody, or upon written request
by the person, no person may be held in an
alternative unit for more than 60 days during
any 6-month period.
``(C) 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 unit.
``(4) Placement hearings.--
``(A) Placement in alternative unit.--Other than
separation of persons in protective custody or for
purposes of confinement under clauses (iii) and (iv) of
paragraph (2)(B) and paragraph (2)(G), 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 1
of the following acts at the time placement is sought,
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 persons:
``(i) Causing or attempting to cause
serious physical injury or death to another
person.
``(ii) Compelling or attempting to compel
another person, by force or threat of force, to
engage in a sexual act.
``(iii) Leading, organizing, inciting, or
attempting to cause a riot, or other similarly
serious disturbance that results in the taking
of a hostage, major property damage, or serious
physical harm to another person.
``(iv) Escaping, attempting to escape or
facilitating an escape from a Federal facility
or escaping, attempting to escape, or
facilitating an escape while under supervision
outside the Federal facility.
``(B) Neutral decision maker required.--Each
placement hearing shall be conducted by a neutral
decision maker.
``(C) 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 entities, the neutral
decision maker shall be--
``(i) appointed by the Assistant Attorney
General for Civil Rights;
``(ii) employed by the Department of
Justice; and
``(iii) independent of--
``(I) any division or unit within
the Department of Justice that has
people in its care or custody or
engages in any prosecuting activities;
``(II) any other Federal agency;
and
``(III) any prosecuting entity.
``(D) Department of homeland security.--For all
placement hearings involving placement in facilities
operated by or contracting with U.S. Immigration and
Customs Enforcement, the Department of Homeland
Security, or U.S. Customs and Border Protection for
incarcerating people in the care or custody of those
facilities or entities, the neutral decision maker
shall be--
``(i) appointed by the Officer for Civil
Rights and Civil Liberties;
``(ii) employed by the Department of
Homeland Security; and
``(iii) independent of--
``(I) the Office for Civil Rights
and Civil Liberties;
``(II) any division or unit within
the Department of Homeland Security
that has people in its care or custody
or engages in any prosecuting
activities;
``(III) any other Federal agency;
and
``(IV) any prosecuting entity.
``(E) 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 entities, the neutral decision maker
shall be--
``(i) appointed by the Director of the
Office for Civil Rights;
``(ii) employed by the Department of Health
and Human Services; and
``(iii) independent of--
``(I) the Office for Civil Rights;
``(II) any division or unit within
the Department of Health and Human
Services that has people in its care or
custody;
``(III) any other Federal agency;
``(IV) and any prosecuting entity.
``(F) Evidence presented.--At any placement
hearing, the incarcerated person shall be permitted to
offer documentary and testimonial evidence, cross-
examine witnesses, and present any mitigating evidence,
justification evidence, or other relevant evidence
helpful in aiding the defense of the incarcerated
person.
``(G) Representation.--
``(i) In general.--At such a hearing, the
incarcerated person shall be permitted to--
``(I) engage in self-
representation; or
``(II) be represented by any
attorney, law student permitted to
practice law, paralegal, community
advocate, or other incarcerated person
chosen by the person being represented.
``(ii) Assistance for representation.--If a
person does not have a representative, the
person shall be offered the assistance of a
representative as follows:
``(I) Department of justice
placement hearings.--For all placement
hearings described in subparagraph (C),
if an incarcerated person does not
select a representative, an appointed
representative shall be--
``(aa) selected by the
Assistant Attorney General for
Civil Rights;
``(bb) employed by the
Department of Justice; and
``(cc) independent of--
``(AA) any division
or unit within the
Department of Justice
that has people in its
care or custody or
engages in any
prosecuting activities;
``(BB) any other
Federal agency; and
``(CC) any
prosecuting entity.
``(II) Department of homeland
security hearings.--For all placement
hearings described in subparagraph (D),
if an incarcerated person does not
select a representative, an appointed
representative shall be--
``(aa) selected by the
Officer for Civil Rights and
Civil Liberties;
``(bb) employed by the
Department of Homeland
Security; and
``(cc) independent of--
``(AA) the Office
for Civil Rights and
Civil Liberties;
``(BB) any division
or unit within the
Department of Homeland
Security that has
people in its care or
custody or engages in
any prosecuting
activities;
``(CC) any other
Federal agency; and
``(DD) any
prosecuting entity.
``(III) Department of health and
human services hearings.--For all
placement hearings described in
subparagraph (E), if an incarcerated
person does not select a
representative, any appointed
representative shall be--
``(aa) selected by the
Director of the Office for
Civil Rights;
``(bb) employed by the
Department of Health and Human
Services; and
``(cc) independent of--
``(AA) the Office
for Civil Rights;
``(BB) any division
or unit within the
Department of Health
and Human Services that
has people in its care
or custody;
``(CC) any other
Federal agency; and
``(DD) any
prosecuting entity.
``(H) Notice.--
``(i) In general.--Not less than 2 days
prior to any placement hearing under this
paragraph, 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 unit, including all relevant
evidence, during which time the person may not,
other than for purposes of protective custody,
be placed in such alternative unit.
``(ii) Time to prepare.--The incarcerated
person and the chosen representative shall be
provided adequate time to prepare for such
hearings and afforded adjournments as
appropriate.
``(iii) 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 agency.
``(iv) Failure to comply.--Failure to
provide the notice described in clause (i) 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
person.
``(I) Written determination.--
``(i) In general.--Not later than 5
business days after the conclusion of the
placement hearing, the neutral decision maker
shall issue a written determination.
``(ii) Clear and convincing evidence.--Any
finding that an incarcerated person meets the
criteria of placement in an alternative unit
under subparagraph (A) shall be supported by
clear and convincing evidence.
``(iii) Contents.--The determination shall
specify the finding, a summary of the testimony
of each witness and an explanation of whether
the testimony was credited or rejected, the
evidence relied upon in reaching the finding,
and the placement imposed, if any.
``(iv) Notice of determination.--Not later
than 24 hours after issuance of the
determination, a copy of the determination
shall be provided to the incarcerated person
and the chosen representative of the
incarcerated person.
``(5) Use of restraints.--
``(A) In general.--Except as provided in
subparagraphs (B) through (E), no person incarcerated
in a Federal facility shall be placed in restraints.
``(B) Exceptions.--Subparagraph (A) shall not apply
if facility staff make an individualized determination
at the time of, or immediately following, 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 person, other incarcerated persons, or staff based
on concrete evidence of such risk.
``(C) Least restrictive form.--If restraints are
used pursuant to subsection (B), 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 injury, and in no
circumstances shall continue beyond 4 hours unless a
supervisory medical provider determines that such
restraints are necessary to prevent such risk.
``(D) Placement hearing required.--
``(i) In general.--Restraints shall not be
used on the same person on consecutive days
unless a placement hearing with protections
established under paragraphs (3) and (4)
establishes such restraints are necessary to
prevent a specific and significant risk of
imminent serious physical injury to the
incarcerated person, other incarcerated
persons, or staff based on concrete evidence of
such risk, and subject to the same limitations
each day as set forth in this paragraph.
``(ii) Limitations.--Any repeated use of
restraints approved at such a due process
hearing shall be no longer than 3 days, subject
to the same limitations each day as set forth
in this paragraph, meaningfully reviewed by a
supervisory medical provider at least daily,
and discontinued once restraints are no longer
necessary to prevent a specific and significant
risk of imminent serious physical injury to the
person, other incarcerated persons, or staff.
``(E) Subsequent use of restraints.--Once an
approved use of restraints has been discontinued, any
subsequent use of restraints on that person shall only
be permitted to address a new incident and upon the
same requirements under this paragraph.
``(6) Special administrative measures.--No Federal facility
may use special administrative measures.
``(b) Report Required.--Not later than 15 days after the end of
each quarter of the fiscal year, each Federal agency shall report on
the website of the Federal agency the following:
``(1) The total number of incidents at each facility
operated by the Federal agency during the preceding quarter of
self-harm, suicide attempts, and suicide, disaggregated by
race, age, gender identity, documented mental health status,
documented disability, pregnancy or postpartum status,
identification as lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming, type of housing unit
including confinement under clause (iii) or (iv) of subsection
(a)(2)(B), any alternative units under subparagraph (E) or (G)
of subsection (a)(2), and length of time in such housing unit.
``(2) The total number of placements at each facility
during the preceding quarter, separately listed, in confinement
under clauses (iii) and (iv) of subsection (a)(2)(B), in
protective custody under subsection (a)(2)(E), and in any
alternative units under subparagraphs (E) and (G) of subsection
(a)(2) during that quarter.
``(3) The total number of people at each facility on the
last day of each quarter, separately listed, in confinement
under clauses (iii) and (iv) of subsection (a)(2)(B), in
protective custody under subsection (a)(2)(E), in any other
alternative unit under subsection (a)(2)(E), and in any
alternative unit under subsection (a)(2)(G), disaggregated by
race, age, gender identity, documented mental health status,
documented disability, pregnancy or postpartum status,
identification as lesbian, gay, bisexual, transgender,
intersex, or gender nonconforming, and reason for placement.
``(4) The total number of placements at each facility
during the preceding quarter, separately listed, for which
confinement under clauses (iii) and (iv) of subsection
(a)(2)(B) lasted for less than 1 hour, between 1 and 2 hours,
between 2 and 3 hours, between 3 and 4 hours, and for longer
than 4 hours, with a listing of the length of time of each
placement that exceeded 4 hours.
``(5) The total number of people at each facility who had
reached a total period of time during the preceding quarter,
separately listed, in protective custody under subsection
(a)(2)(E), in any other alternative unit under subsection
(a)(2)(E), and in any alternative unit under subsection
(a)(2)(G) of less than 7 days, between 8 days and 15 days,
between 16 days and 30 days, between 31 days and 45 days,
between 46 days and 60 days, and for longer than 60 days, 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 60 days in such confinement or housing.
``(c) Private Cause of Action.--
``(1) In general.--
``(A) Civil action for injury.--Any person who is
injured by a violation of subsection (a) may bring a
civil action in the appropriate United States district
court against any person, entity, or any other relevant
party who violated such subsection for declaratory and
injunctive relief, including directing the closure of
the facility, building, or unit where the violation
took place if that facility, building, or unit is in
repeated and systemic noncompliance with this section,
and for such money damages as the court determines
appropriate, including for emotional pain and
suffering.
``(B) Additional awards.--In an action filed under
subparagraph (A), the court may, in addition to any
other relief awarded under that subparagraph, award
reasonable attorney's fees and costs of the action to a
prevailing plaintiff.
``(2) No liability for certain lockdowns.--
``(A) In general.--No Federal agency shall be
liable for a Federal agency-wide, facility-wide, or
partial facility-wide lockdown that exceeded the 4-hour
limit under subsection (a)(2)(B)(iv) if the agency can
demonstrate that--
``(i) the lockdown, and the length of the
time of the lockdown, was necessary to address
unexpected, extraordinary circumstances
involving the detonation of an explosive
device, an acute mass contamination or
contagion situation, a violent riot, revolt, or
insurrection involving a large number of people
that resulted in the taking of a hostage, major
property damage, or serious physical harm to a
person, or other similar emergency of the same
magnitude involving a large group of people;
``(ii) the head of facility who authorized
the lockdown complied with all notification
requirements, and received approval from the
agency regional or field office, or equivalent
office responsible for oversight of the
facility, at the time the lockdown lasted
longer than 4 hours;
``(iii) the head of the applicable Federal
agency approved of the lockdown if the lockdown
exceeded 8 hours and the approval occurred at
that time;
``(iv) the lockdown was ended as quickly as
possible, did not last longer than necessary to
address the unexpected, extraordinary
circumstances, and did not exceed 24 hours; and
``(v) the lockdown was not used as a
substitute for medical isolation or quarantine
nor individual lock-ins pursuant to subsections
(a)(2)(B)(iii) and (a)(2)(B)(iv), nor as a way
to circumvent the time limits or protections
for people held under those subsections.
``(B) Civil action for constitutional violation.--
``(i) 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 person, entity, or relevant party
who violated such constitutional provision for
declaratory and injunctive relief, including
directing the closure of the facility,
building, or unit where the violation took
place, and for such money damages as the court
determines appropriate, including for emotional
pain and suffering.
``(ii) Additional awards.--In an action
filed under subparagraph (A), the court may, in
addition to any other relief awarded under that
subparagraph, award reasonable attorney's fees
and costs of the action to a prevailing
plaintiff.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, is amended by inserting after the item
relating to section 4014 the following:
``4015. Ending solitary confinement and establishing minimum
standards.''.
SEC. 4. OVERSIGHT.
(a) Community Monitoring Body.--
(1) In general.--Chapter 301 of title 18, United States
Code, as amended by section 3 of this Act, is further amended
by adding at the end the following:
``Sec. 4016. Oversight
``(a) Community Monitoring Body.--Not later than 90 days after the
date of enactment of this section, the Attorney General, in
consultation with the Assistant Attorney General for Civil Rights of
the Department of Justice, Officer for Civil Rights and Civil Liberties
of the Department of Homeland Security, and Director of the Office for
Civil Rights of the Department of Health and Human Services, 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 agency.
``(b) Appointment.--The Attorney General, in consultation with the
Assistant Attorney General for Civil Rights of the Department of
Justice, Officer for Civil Rights and Civil Liberties of the Department
of Homeland Security, and Director of the Office for Civil Rights of
the Department of Health and Human Services, 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 confinement, shall appoint not less than 15 people to serve as
members of the community monitoring body.
``(c) Membership.--
``(1) In general.--Each member of the community monitoring
body shall be an individual who--
``(A) has survived solitary confinement--
``(B) has had loved ones who have experienced
solitary confinement or lost loved ones because of
solitary confinement;
``(C) is a faith leader, medical or mental health
professional; or
``(D) is a civil rights or human rights advocate.
``(2) Prior experience.--Each member of the community
monitoring body shall have experience engaging in advocacy,
service provision, or program operation aimed at enhancing the
rights and treatment of incarcerated persons.
``(3) Requirements relating to prior experiences.--
``(A) In general.--The community monitoring body
shall include members with the following experience:
``(i) Not less than \1/2\ of the members of
the community monitoring body shall be
individuals who were incarcerated or have had
family members incarcerated.
``(ii) Not fewer than 2 members of the
community monitoring body shall have experience
working with children from a trauma-sensitive
approach.
``(iii) Not fewer than 2 members of the
community monitoring body shall have personal
or professional experience with immigration
detention.
``(iv) Not fewer than 2 members of the
community monitoring body shall have personal
or professional experience with incarceration
in adult prisons or jails.
``(B) 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 Resettlement.
``(d) Membership Term.--Each member of the community monitoring
body shall be appointed for a term of 5 years, with the possibility of
1 reappointment by the Attorney General for a total of 10 years.
``(e) 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 body.
``(f) Assistance.--The community monitoring body shall have the
ability to designate any person to assist the work of the community
monitoring body.
``(g) Access.--Notwithstanding any other provision of law, the
community monitoring body and its designees shall have the ability to
make unannounced visits to Federal agencies and Federal facilities, and
have access to every area of every Federal facility and all
nonclassified, nonprivileged data from every Federal agency.
``(h) In-Person Interviews.--
``(1) 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 freely,
privately, and confidentially, upon consent of the incarcerated
person or staff, respectively.
``(2) Consent to interviews.--
``(A) In general.--All applicable laws,
regulations, rules and other protections regarding a
person providing free, voluntary, and informed consent,
including for children, incarcerated persons, and more
generally, and including protections related to the
need for parental consent or consent of counsel, shall
apply to consent to being interviewed by the community
monitoring body.
``(B) Office of refugee resettlement.--With respect
to persons in the custody of the Office of Refugee
Resettlement, the community monitoring body shall only
interview such a person if the person, the person's
appointed child advocate, if the person has a child
advocate, and the person's attorney, if the person has
an attorney, consent to the interview.
``(C) 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
interview.
``(3) Consultation relating to trauma-sensitive
engagement.--
``(A) 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--
``(i) is trauma-sensitive;
``(ii) provides the greatest protection
possible for the safety and psychological well-
being of people in custody;
``(iii) offers options for people in
custody coping with any distress or re-
traumatization resulting from monitoring
activities;
``(iv) provides people in custody with a
sense of agency in the monitoring process; and
``(v) accounts for related considerations.
``(B) Development and review.--The community
monitoring body shall--
``(i) develop the protocols described in
subparagraph (A) based on the existing body of
literature relating to trauma-sensitive
engagement; and
``(ii) have experts and the general public
review and provide feedback on the protocols
described in subparagraph (A) before the
protocols are finalized.
``(4) Notes, recordings, and records.--
``(A) Use.--All notes, recordings, and records of
any interviews conducted by the community monitoring
body shall be used solely for the purposes of the
community monitoring body.
``(B) Prohibition.--No information contained in
notes, recordings, 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--
``(i) disclosed under any circumstance
without the free, voluntary, and informed
consent of that person for purposes of seeking
immediate relief for that person; or
``(ii) used in any form of proceeding
involving the immigration status of that
person, a credibility determination or criminal
prosecution or appeal relating to that person,
or any other related type of proceeding.
``(i) Meetings.--Administrators of each Federal agency and Federal
facility shall meet privately with the community monitoring body or its
designees upon request.
``(j) Communications.--
``(1) In general.--All persons incarcerated in Federal
facilities shall have the right and access to confidentially
communicate with the community monitoring body and its
designees, including while the community monitoring body or its
designees are at a Federal facility and through free phone
calls, free mail correspondence, and free email correspondence.
``(2) Confidentiality.--Communications described in
paragraph (1) shall be afforded the same levels of protection,
confidentiality, and privilege as attorney-client
correspondence.
``(3) Retaliation.--No person shall face any form of
retaliation or adverse impact for having contact with, or being
perceived to have had contact with, the community monitoring
body or its designees.
``(4) 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
complaint.
``(k) Electronic Equipment.--The community monitoring body and its
designees shall have the right to bring and use electronic equipment in
any Federal facility, including video cameras, photographic cameras,
audio recording devices, mobile telephones, computers, and tablets, for
the purposes of recording, documentation, administration of surveys,
and other related purposes.
``(l) Access to Certain Information.--
``(1) In general.--The community monitoring body and its
designees shall have the right to receive, access, inspect, and
copy all relevant non-classified, non-privileged information,
records, and documents in the possession or control of any
Federal facility, Federal agency, or employee of any Federal
facility or Federal agency.
``(2) Required delivery date.--
``(A) General delivery date.--The community
monitoring body and its designees shall receive any
records requested under paragraph (1) not later than 7
days after the date of request to the head of a Federal
facility or Federal agency.
``(B) Expedited delivery.--In a situation in which
the records requested under paragraph (1) by the
community monitoring body or its designees pertain to a
death of an incarcerated person, threats of bodily harm
including sexual or physical assaults, or the denial of
necessary medical treatment, the records shall be
provided not later than 48 hours after the date of the
request unless members of the community monitoring body
or their designees consent to an extension of the
deadline.
``(m) Recommendations.--
``(1) In general.--The community monitoring body may make
periodic recommendations to any Federal agency or Federal
facility, as well as to the President, Attorney General,
Secretary of Homeland Security, Secretary of Health and Human
Services, Committee on the Judiciary of the House of
Representatives, Committee on Oversight and Government Reform
of the House of Representatives, Committee on the Judiciary of
the Senate, Committee on Homeland Security and Governmental
Affairs of the Senate, and other Government entities.
``(2) Remedial action plans.--For any recommendations made
by the community monitoring body to each Federal agency or
Federal facility, such agency or facility shall--
``(A) report to the community monitoring body not
later than 90 days after receipt of the recommendations
as to whether the agency or facility has designed and
implemented a remedial action plan to address the
recommendations; and
``(B) transmit any such remedial action plan to the
community monitoring body.
``(3) Publication.--The community monitoring body may
publish its findings and recommendations on its website that
the community monitoring body shall establish.
``(n) Access for Certain Persons.--Representatives of the news
media, public defenders, representatives of the Legal Orientation
Program of the Department of Justice, elected Federal, State, and local
representatives, and their designees, shall have the ability to--
``(1) make unannounced visits to Federal agencies and
Federal facilities and access every area of every Federal
facility, except that--
``(A) 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
cell; and
``(B) access to enter a bathroom or shower area
shall only be allowed when such area is unoccupied by
persons incarcerated in the Federal facility;
``(2) receive in a timely manner, pursuant to section 552
of title 5, or any successor thereto, all requested data from
every Federal agency that has persons in its care or custody;
and
``(3) correspond with and interview, with the ability to
take notes and use electronic and other recording devices,
incarcerated persons freely, privately, and confidentially upon
the consent of the incarcerated persons.
``(o) Inspectors General.--Nothing in this section shall be
construed to modify, supersede, or otherwise affect the authority of
any Inspector General to access all records, reports, audits, reviews,
documents, papers, recommendations, or other materials, as authorized
by law.''.
(2) Clerical amendment.--The table of contents for chapter
301 of title 18, United States Code, is amended by inserting
after the item relating to section 4015, as added by section 3
of this Act, the following:
``4016. Oversight.''.
(b) Inspector General.--
(1) Advisory body.--Section 413 of title 5, United States
Code, as amended by section 2 of the Federal Prison Oversight
Act (Pub. L. 118-71; 138 Stat. 1492), is amended by adding at
the end the following:
``(f) Advisory Body on Ending Solitary Confinement.--
``(1) Definitions.--In this subsection, the terms
`appropriate congressional committees' and `Inspector General'
have the meanings given those terms in subsection (e).
``(2) Advisory body.--
``(A) In general.--The Inspector General shall--
``(i) establish an advisory body of
stakeholders focused on overseeing
implementation of section 4015 of title 18; and
``(ii) 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 (3).
``(B) Membership.--The advisory body established
under subparagraph (A) shall consist solely of
individuals who--
``(i) have survived solitary confinement;
``(ii) have had loved ones in solitary
confinement or have lost loved ones due to
exposure to solitary confinement; or
``(iii) are faith leaders, medical or
mental healthcare professionals, or civil
rights or human rights advocates with
experience engaging in advocacy or program
operation related to reducing or ending the use
of solitary confinement.
``(C) Consultation.--
``(i) In general.--The Inspector General
shall consult with the advisory body
established under subparagraph (A) regarding
all aspects of overseeing implementation of
section 4015 of title 18.
``(ii) Mental health care.--For all aspects
of oversight of all provisions of section 4015
of title 18 involving the provision of mental
health care, the Inspector General shall
consult with members of the advisory body who
are mental healthcare professionals, 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 confinement.
``(3) Annual report relating to section 4015 of title 18.--
Not later than 1 year after the date of enactment of the End
Solitary Confinement Act, and each year thereafter, the
Inspector General shall submit to the Attorney General, the
appropriate congressional committees, and the public an annual
report in accordance with the requirements of clauses (i) and
(ii) of subsection (e)(2)(D) assessing the implementation of
all components of section 4015 of title 18.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date that is 90 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 (Pub. L. 118-71; 138 Stat. 1492).
SEC. 5. CREATING STATE INCENTIVES TO END SOLITARY CONFINEMENT.
(a) In General.--Chapter 301 of title 18, United States Code, as
amended by sections 3 and 4 of this Act, is further amended by
inserting after section 4016, as added by section 4 of this Act, the
following:
``Sec. 4017. Creating State incentives to end solitary confinement
``(a) In General.--Each State or local entity that receives any
Federal funds under subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.)
(commonly known as the `Edward Byrne Memorial Justice Assistance Grant
Program') shall annually certify to the Attorney General with
comprehensive documentation that the State or local entity has in
effect (or shall have in effect, not later than 180 days after the date
of enactment of this section) laws, policies, and programs that
substantially comply with section 4015 to fully and meaningfully end
solitary confinement and ensure all people in the prisons, jails, and
detention centers of the State or locality have access to not less than
14 hours of out-of-cell congregate interaction in a shared space,
without physical barriers, that is conducive to meaningful group
interaction.
``(b) Penalty.--Beginning in the first fiscal year that begins
after the date of enactment of this section, in the case of a State or
local entity that is not in substantial compliance with section 4015,
or an amendment made by the End Solitary Confinement Act, the Attorney
General shall reduce by not less than 10 percent the total amount that
such State or unit of local government would otherwise receive under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.) (commonly known as the
`Edward Byrne Memorial Justice Assistance Grant Program'), except that
funding for public defenders, community-based mental health care,
community-based drug treatment, community-based violence interruption,
and other similar community-based non-carceral and non-policing
services shall be exempted from any reductions.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, as amended by sections 3 and 4 of this
Act, is amended by inserting after the item relating to section 4016,
as added by section 4 of this Act, the following:
``4017. Creating State incentives to end solitary confinement.''.
SEC. 6. DEFINITIONS.
(a) In General.--Chapter 301 of title 18, United States Code, as
amended by sections 3, 4, and 5 of this Act, is further amended by
inserting after section 4017, as added by section 5 of this Act, the
following:
``Sec. 4018. Certain definitions.
``In sections 4015, 4016, and 4017:
``(1) Acute psychiatric crisis.--The term `acute
psychiatric crisis' means a psychiatric emergency that involves
a sudden onset of psychotic symptoms, such as hallucinations,
delusions, suicidal ideation, or extreme panic.
``(2) 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 programming, services, or
other aspects of daily life.
``(3) Attempting.--
``(A) In general.--The term `attempting' means
having the intent to carry out a particular act and
completing significant steps in the advancement of the
attempt.
``(B) Withdrawal or abandonment.--Evidence of
withdrawal or abandonment of a plan to carry out a
particular act shall negate a finding of intent.
``(4) Community monitoring body.--The term `community
monitoring body' means the community monitoring body
established under section 4016(a).
``(5) Federal agency.--The term `Federal agency' means--
``(A) the Federal Bureau of Prisons;
``(B) U.S. Immigration and Customs Enforcement;
``(C) the Department of Homeland Security;
``(D) U.S. Customs and Border Protection;
``(E) the Office of Refugee Resettlement;
``(F) the United States Marshals Service;
``(G) the Department of Health and Human Services;
``(H) any other Federal agency that has persons in
its care or custody; and
``(I) any Federal, State, local, or private entity
that has contracted with any of the entities listed in
subparagraphs (A) through (H) or with any other Federal
agency for holding or providing services to people in
their care or custody.
``(6) Federal facility.--The term `Federal facility'
means--
``(A) a Federal Bureau of Prisons facility;
``(B) a U.S. Immigration and Customs Enforcement
facility;
``(C) a Department of Homeland Security facility;
``(D) a U.S. Customs and Border Protection
facility;
``(E) an Office of Refugee Resettlement facility;
``(F) a United States Marshals Service facility;
``(G) a Department of Health and Human Services
facility;
``(H) any other facility operated by a Federal
agency that has persons in its care or custody; and
``(I) any Federal, State, local, 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 custody.
``(7) Health care staff.--The term `health care staff'
means individuals who are employed, contracted, or volunteer to
provide medical, mental, and behavioral health care services at
a Federal facility.
``(8) Incarcerated.--The term `incarcerated' means being
held in a Federal facility for any reason.
``(9) Mental health need.--The term `mental health need'
means having any current mental health diagnosis by any medical
or mental health professional, or having had any such mental
health diagnosis during the previous 2 years.
``(10) Multidisciplinary team.--The term `multidisciplinary
team'--
``(A) means a group of staff or other people
working or operating in a Federal facility who have
different professional backgrounds and roles in the
facility; and
``(B) includes program and health care staff.
``(11) 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 facility.
``(12) Protective custody.--The term `protective custody'
means any housing of a person for their own protection.
``(13) Representative of the news media.--The term
`representative of the news media' means any individual or
entity that--
``(A) gathers information of potential interest to
a segment of the public;
``(B) uses its editorial skills to turn the raw
materials into a distinct work; and
``(C) distributes that work to an audience.
``(14) Solitary confinement.--The term `solitary
confinement' means being confined in a cell or other space
without access to meaningful group interaction in a shared
space.
``(15) Special administrative measures.--The term `special
administrative measures' means the special administrative
measures under section 501.3 of title 28, Code of Federal
Regulations, or any successor thereto.
``(16) Supervisory medical provider.--The term `supervisory
medical provider' means a practicing doctor, nurse
practitioner, or physician assistant who has supervisory
responsibilities over other medical staff in a Federal
facility.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 18, United States Code, as amended by sections 3, 4, and 5 of
this Act, is amended by inserting after the item relating to section
4017, as added by section 5 of this Act, the following:
``4018. Certain definitions.''.
SEC. 7. REMOVAL OF LIMITATION ON RECOVERY ON CERTAIN SUITS BY
INCARCERATED PEOPLE.
Section 7(e) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(e)) is amended to read as follows:
``(e) Limitation on Recovery.--No Federal civil action may be
brought by a prisoner confined in a jail, prison, or other correctional
facility, for mental or emotional injury suffered while in custody
without a prior showing of physical injury, the commission of a sexual
act (as defined in section 2246 of title 18, United States Code), or
placement in solitary confinement or an alternative unit (as defined in
section 4018 of title 18, United States Code).''.
SEC. 8. REVISIONS TO STANDARD OPERATING PROCEDURES AND STANDARDS.
Each Federal agency, as defined in section 4018 of title 18, United
States Code, as added by this Act, shall--
(1) incorporate the requirements of this Act and the
amendments made by this Act into the relevant standards and
procedures governing confinement; and
(2) monitor compliance with the requirements of this Act
and the amendments made by this Act.
SEC. 9. APPROPRIATIONS AND PROHIBITION ON USE OF FUNDS.
(a) In General.--Congress shall appropriate such sums as may be
necessary to implement the provisions of this Act.
(b) Limitations.--No sums appropriated to carry out the provisions
of this Act may be used for any--
(1) buildings and facilities appropriations for the Bureau
of Prisons;
(2) procurement, construction, and improvements
appropriations for the Department of Homeland Security,
including Immigration and Customs Enforcement and Customs and
Border Protection;
(3) constructions appropriations for the United States
Marshals Service;
(4) buildings and facilities appropriations for the
Department of Health and Human Services, including the
Administration for Children and Families and the Office of
Refugee Resettlement;
(5) Federal agency to--
(A) construct facilities where persons will be
incarcerated; or
(B) to construct or renovate buildings or spaces
within facilities where persons are or will be
incarcerated; or
(6) Federal agency to construct, install, or introduce any
weapons, any objects or devices or mechanisms restricting the
movement of a person or persons in any way, or any other
objects or mechanisms that limit movement or create more
restrictive environments.
SEC. 10. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application thereof to any person or circumstance is held invalid,
the remainder of this Act, and other amendments made by this Act, or
the application of that provision to persons or circumstances other
than those as to which it is held invalid, is not affected thereby.
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect not
later than 60 days after the date of enactment of this Act.
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