[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2870 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2870
To limit the use of solitary confinement and other forms of restrictive
housing in immigration detention, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2019
Mr. Durbin (for himself, Mr. Booker, Ms. Harris, and Mr. Schatz)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To limit the use of solitary confinement and other forms of restrictive
housing in immigration detention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Restricting
Solitary Confinement in Immigration Detention Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Solitary confinement reforms.
Sec. 4. Reassessment of detained alien mental health.
Sec. 5. Oversight responsibilities.
Sec. 6. Rulemaking.
Sec. 7. Authorization of appropriations.
Sec. 8. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrative segregation.--The term ``administrative
segregation'' means a nonpunitive form of solitary confinement
that removes a detained alien from the general population of a
detention center or other facility in which the alien is being
detained for--
(A) investigative, protective, or preventative
reasons because of a substantial and immediate threat
to the safety or security of the detained alien, other
detained aliens, staff, or the public; or
(B) temporary administrative reasons.
(2) Appropriate level of care.--The term ``appropriate
level of care'' means the appropriate treatment setting for
mental health care that a detained alien 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.
(3) Intellectual disability.--The term ``intellectual
disability'' means a significant mental impairment
characterized by significant limitations in intellectual
functioning and adaptive behavior.
(4) Multidisciplinary staff committee.--The term
``multidisciplinary staff committee'' means a committee--
(A) composed of staff at the facility at which a
detained alien resides who are responsible for
reviewing the initial placement of the alien in
solitary confinement and any extensions of time in
solitary confinement; and
(B) that includes--
(i) not fewer than 1 licensed mental health
professional;
(ii) not fewer than 1 medical professional;
and
(iii) not fewer than 1 member of the
leadership of the facility.
(5) Protection case.--The term ``protection case'' means a
detained alien who, by the request of the alien or through a
staff determination, requires protection.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(7) Serious mental illness.--The term ``serious mental
illness'' means--
(A) a finding by a qualified mental health
professional that the detained alien is at serious risk
of substantially deteriorating mentally or emotionally
while confined in solitary confinement, or already has
so deteriorated while confined in solitary confinement,
such that diversion or removal is deemed to be
clinically appropriate by a qualified mental health
professional; or
(B) a current or recent diagnosis by a qualified
mental health professional of 1 or more of the
following disorders described in the most recent
edition of the Diagnostic and Statistical Manual of
Mental Disorders:
(i) Schizophrenia or another psychotic
disorder.
(ii) Major depressive disorder.
(iii) Any type of bipolar disorder.
(iv) A neurodevelopmental disorder,
dementia or other cognitive disorder.
(v) Any disorder commonly characterized by
breaks with reality or perceptions of reality.
(vi) Any type of anxiety disorders.
(vii) Trauma or stressor related disorder.
(viii) Severe personality disorders.
(8) Solitary confinement.--The term ``solitary
confinement'' means confinement characterized by substantial
isolation in a cell, whether alone or with other detained
aliens, including administrative segregation and disciplinary
segregation.
(9) Substantial and immediate threat.--The term
``substantial and immediate threat'' means any set of
circumstances that require immediate action in order to combat
a significant threat to the safety of a detained alien, other
detained aliens, staff, or the public.
(10) U.S. immigration and customs enforcement facility.--
The term ``U.S. Immigration and Customs Enforcement facility''
means--
(A) a detention facility owned and administered by
U.S. Immigration and Customs Enforcement; or
(B) a Federal, State, local, or private facility
that has contracted (directly or indirectly) with U.S.
Immigration and Customs Enforcement to detain aliens in
Federal custody, including a U.S. Marshals facility
that houses alien detainees, and regardless of any time
limits that exist for the duration of the detention in
such a facility.
SEC. 3. SOLITARY CONFINEMENT REFORMS.
(a) Use of Solitary Confinement.--
(1) In general.--A detained alien may not be placed in
solitary confinement within a U.S. Immigration and Customs
Enforcement facility unless such confinement--
(A) is limited to the briefest term and the least
restrictive conditions practicable, including not fewer
than 4 hours of out-of-cell time every day;
(B) is consistent with the rationale for placement
and with the progress achieved by the detained alien;
(C) allows the detained alien to participate in
meaningful programming opportunities and privileges
that are similar to those available in the general
population as practicable, either individually or in a
classroom setting;
(D) allows the detained alien to have as much
meaningful interaction with others, such as other
detained aliens, counsel, visitors, clergy, or licensed
mental health professionals, as practicable; and
(E) complies with the provisions of this section.
(2) Specific limitations on administrative segregation and
disciplinary segregation.--The Secretary--
(A) shall limit administrative segregation in U.S.
Immigration and Customs Enforcement facilities--
(i) to situations in which such segregation
is necessary to control a substantial and
immediate threat that cannot be addressed
through alternative housing; and
(ii) to a duration of not more than 14
consecutive days, and not more than 14 days in
a 21-day period, unless--
(I) the detained alien is
considered a protection case and
requests to remain in administrative
segregation under paragraph (3)(B)(i);
or
(II) to address the continued
existence of a substantial and
immediate threat, a multidisciplinary
staff committee approves a temporary
extension, which--
(aa) shall be in writing
and include a thorough
explanation of the reasons for
which the extension is
warranted, including any
factors weighing against the
extension;
(bb) shall be reviewed--
(AA) 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;
(BB) by the
appropriate Enforcement
and Removal Operations
Field Office Director
within U.S. Immigration
and Customs Enforcement
after the initial
extension and every 7
days thereafter during
the period of the
extension, in order to
review the findings of
the multidisciplinary
staff committee and
determine whether such
extensions are
permissible; and
(CC) by a
subcommittee of the
Detention Monitoring
Council within U.S.
Immigration and Customs
Enforcement, which
shall be chaired by the
Custody Management
Division and shall
include representatives
from Enforcement and
Removal Operations
Field Operations, the
Health Service Corps,
the Office of the
Principal Legal
Advisor, the Office of
Professional
Responsibility, the
Office of Acquisition
Management, and the
Department of Homeland
Security's Office for
Civil Rights and Civil
Liberties, after any
extension is approved
by an Enforcement and
Removal Operations
Field Office Director;
and
(cc) shall include
additional out of cell time,
socialization, and programming
opportunities for the detained
alien, so that each detained
alien placed in solitary
confinement for more than 14
days is given not fewer than 4
hours of out of cell time each
day; and
(B) may not permit the use of solitary confinement
as a form of discipline.
(3) Protective custody.--The Secretary--
(A) shall establish policies to ensure that an
alien who is considered a protection case, upon the
request of the alien, is transferred to a safer
alternative, such as--
(i) an alternative general population unit
in the U.S. Immigration and Customs Enforcement
facility;
(ii) an alternative U.S. Immigration and
Customs Enforcement facility; or
(iii) an alternative to detention; and
(B) may not place a detained alien who is
considered to be a protection case in solitary
confinement due to the status of the alien as a
protection case unless--
(i) the alien requests to be placed in
solitary confinement, in which case, at the
request of the alien to be released from
solitary confinement, the alien shall be
transferred to a safer alternative, such as--
(I) an alternative general
population unit;
(II) an alternative U.S.
Immigration and Customs Enforcement
facility; or
(III) an alternative to detention;
or
(ii) such confinement is limited to--
(I) not more than 5 days of
administrative segregation; and
(II) is necessary to protect the
alien during preparation for transfer
to a safer alternative, such as 1 of
the alternatives described in
subclauses (I) through (III) of clause
(i).
(4) Vulnerable populations.--A U.S. Immigration and Customs
Enforcement facility may not place a detained alien in solitary
confinement if--
(A) the detained alien is younger than 18 years of
age, unless--
(i) such confinement is a temporary
response to the behavior of the detained alien,
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 detained alien
through loss of privileges;
(II) speaking with the detained
alien in an attempt to de-escalate the
situation; and
(III) providing an appropriate
level of care through a licensed mental
health professional;
(iii) such confinement is limited to--
(I) 3 hours after the detained
alien is placed in solitary
confinement, if the alien poses a
substantial and immediate threat to
others; or
(II) 30 minutes after the detained
alien is placed in solitary
confinement, if the alien poses a
substantial and immediate threat only
to his self or her self; and
(iv) if, after the applicable maximum
period of confinement under subclause (I) or
(II) of clause (iii) has expired, the detained
alien continues to pose a substantial and
immediate threat described in that subclause--
(I) the detained alien shall be
transferred to another facility or
internal location where services can be
provided to the alien 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
detained alien;
(B) the detained alien has a serious mental
illness, has an intellectual disability, has a physical
disability that a licensed medical professional
determines is likely to be exacerbated by placement in
solitary confinement or that solitary confinement is
clinically contraindicated, is pregnant, or is 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 detained alien 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 detained alien
through loss of privileges;
(II) speaking with the detained
alien in an attempt to de-escalate the
situation; and
(III) providing an appropriate
level of care through a licensed mental
health professional;
(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
detained alien is diverted, upon release from
solitary confinement, to a general population
unit, a mental health treatment program
described in subsection (b)(2), or an
alternative to detention;
(C) the detained alien is lesbian, gay, bisexual,
transgender (as defined in section 115.5 of title 28,
Code of Federal Regulations, or any successor
regulation), intersex (as defined in section 115.5 of
title 28, Code of Federal Regulations, or any successor
regulation), or gender nonconforming (as defined in
section 115.5 of title 28, Code of Federal Regulations,
or any successor regulation), if such placement is
based (in whole or in part) on such identification or
status;
(D) the alien is HIV positive, if the placement is
based (in whole or in part) on the HIV positive status
of the alien;
(E) the placement is based (in whole or in part) on
the alien's race, religion, or nationality; or
(F) the placement is based (in whole or in part) on
a detained alien's report of an incident of abuse or
misconduct, a detained alien's decision to engage in a
hunger strike, or any other form of retaliation against
a detained alien, unless the alien has been classified
as a protection case under paragraph (3).
(5) Access to counsel.--Aliens placed in solitary
confinement shall be offered access to counsel to the same
extent that detained aliens in the general population are
offered access to counsel.
(6) Right to review placement in solitary confinement.--The
Secretary shall ensure that each alien placed in solitary
confinement has access to--
(A) written and verbal notice provided in a
language that the alien understands that thoroughly
details 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 this subsection; and
(ii) if an exception under paragraph
(2)(A)(ii), (3)(B), (4)(A), or (4)(B) is used
to justify placement in solitary confinement,
thorough documentation explaining why such an
exception applies;
(B) a timely, thorough, and continuous review
process that--
(i) occurs not fewer than 3 days after
placement in solitary confinement, and
thereafter at least on a weekly basis, unless
required more frequently under this section;
(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) any exception under paragraph
(2)(A)(ii), (3)(B), (4)(A), or (4)(B)
used to justify placement in solitary
confinement was and remains warranted;
(C) a process to appeal the initial placement or
continued placement of the detained alien 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 detained alien's placement in solitary
confinement, unless such documents contain contraband,
classified information, or sensitive security-related
information.
(b) Mental Health Care for Aliens in Solitary Confinement.--
(1) Mental health screening.--Not later than 6 hours after
a detained alien is placed in solitary confinement in a U.S.
Immigration and Customs Enforcement facility, the alien 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.--A detained alien
diagnosed with a serious mental illness after an evaluation
under paragraph (1)--
(A) may not be placed in solitary confinement under
subsection (a)(4)(B); and
(B) shall receive an appropriate level of care to
address the detained alien's mental health needs.
(3) Continuing evaluations.--After each 7-day period during
which a detained alien 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 alien in a confidential
setting; and
(B) the Secretary shall adjust the placement of the
alien in accordance with this subsection.
(c) Training for Detention Center Staff.--
(1) Training.--All employees of a U.S. Immigration and
Customs Enforcement facility who interact with aliens on a
regular basis shall be required to complete training in--
(A) recognizing the 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) the 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 detained aliens from situations that may lead to
the alien being placed in solitary confinement.
(2) Notification to medical staff.--An employee of a U.S.
Immigration and Customs Enforcement facility shall immediately
notify a member of the facility's medical or mental health
staff if the employee--
(A) observes a detained alien with signs of mental
illness, unless such employee has knowledge that the
alien's signs of mental illness have previously been
reported; or
(B) observes a detained alien with signs of a
mental health crisis;
(d) Reporting Requirements.--
(1) Daily tracking of use of solitary confinement.--Each
U.S. Immigration and Customs Enforcement facility shall submit
a daily report to the Director of U.S. Immigration and Customs
Enforcement that identifies, for the applicable day--
(A) any detained aliens who were placed in solitary
confinement, including--
(i) the rationale behind each such
placement; and
(ii) whether any exception under subsection
(a) used to justify placement in solitary
confinement or increased restrictive conditions
in solitary confinement was applied;
(B) the continued detention of any aliens in
solitary confinement, including--
(i) the number of days such aliens have
been detained in solitary confinement; and
(ii) an explanation of the application of
any exception under subsection (a) used to
justify an adjustment to the alien's time or
conditions in solitary confinement; and
(C) the release of any detained aliens from
solitary confinement.
(2) Publication of use of solitary confinement.--Without
revealing personally identifiable information, the Secretary
shall publish online weekly updates regarding--
(A) the number of aliens in solitary confinement at
each U.S. Immigration and Customs Enforcement facility;
and
(B) any instances in which a facility has placed a
detained alien in solitary confinement for more than 15
days.
(3) Internal review of data.--
(A) Weekly reviews.--The appropriate Enforcement
and Removal Operations Field Office Director within
U.S. Immigration and Customs Enforcement shall--
(i) on a weekly basis, review the daily
reports from each U.S. Immigration and Customs
Enforcement facility under his or her
jurisdiction to ensure that each facility is in
compliance with this Act;
(ii) report any instances in which a U.S.
Immigration and Customs Enforcement facility
failed to comply, or is suspected of failing to
comply, with this Act to the subcommittee
established under subsection
(a)(2)(A)(ii)(II)(bb)(CC) for review; and
(iii) direct a U.S. Immigration and Customs
Enforcement facility that failed to comply, or
is suspected of failing to comply, with this
Act to immediately address any such failures to
comply, including by immediately removing a
detained alien from solitary confinement if the
alien's placement or continued detention in
solitary confinement was not in compliance with
this Act.
(B) Monthly reports.--The subcommittee established
under subsection (a)(2)(A)(ii)(II)(bb)(CC) shall--
(i) promptly review any reports received
pursuant to subparagraph (A)(ii); and
(ii) submit monthly reports to the full
Detention Monitoring Council and the Director
of U.S. Immigration and Customs Enforcement
that identify areas of concern regarding
particular cases or facilities that warrant
further examination.
SEC. 4. REASSESSMENT OF DETAINED ALIEN MENTAL HEALTH.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall--
(1) assemble a team of licensed mental health
professionals, which may include licensed mental health
professionals who are not employed by the Department of
Homeland Security, to conduct a comprehensive mental health
reevaluation for each alien held in solitary confinement for
more than 14 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 alien in accordance with
this Act.
SEC. 5. OVERSIGHT RESPONSIBILITIES.
(a) In General.--Section 705 of the Homeland Security Act of 2002
(6 U.S.C. 345) is amended by adding at the end the following:
``(c) Immigration Detention.--
``(1) Defined term.--In this subsection, the term `U.S.
Immigration and Customs Enforcement facility' has the meaning
given the term in section 2 of the Restricting Solitary
Confinement in Immigration Detention Act of 2019.
``(2) Internal reporting.--The Secretary shall ensure that
each U.S. Immigration and Customs Enforcement facility provides
multiple internal ways for aliens and others to promptly report
violations of section 3 of the Restricting Solitary Confinement
in Immigration Detention Act of 2019 to the Officer for Civil
Rights and Civil Liberties, including--
``(A) not less than 2 procedures for aliens and
others to report violations of section 3 of such Act to
an entity or office that is not part of the facility,
and that is able to receive and immediately forward
reports to the Officer for Civil Rights and Civil
Liberties, allowing the alien to remain anonymous upon
request; and
``(B) not less than 2 procedures for aliens and
others to report violations of section 3 of such Act to
the Officer for Civil Rights and Civil Liberties in a
confidential manner, allowing the alien to remain
anonymous upon request.
``(3) Notice to detainees.--The Secretary shall ensure that
each U.S. Immigration and Customs Enforcement facility provides
aliens with--
``(A) notice of how to report violations of section
4 of the Restricting Solitary Confinement in
Immigration Detention Act of 2019 in accordance with
paragraph (2), including--
``(i) notice prominently posted in the
living and common areas of each such facility;
``(ii) individual notice to aliens at
initial intake into a U.S. Immigration and
Customs Enforcement facility, when transferred
to a new facility, and when placed in solitary
confinement;
``(iii) notice to aliens with disabilities
in accessible formats; and
``(iv) written or verbal notice in a
language the alien understands; and
``(B) notice of permissible practices related to
solitary confinement in U.S. Immigration and Customs
Enforcement facilities, including the requirements
under section 3 of such Act.
``(4) Access.--The Officer for Civil Rights and Civil
Liberties--
``(A) shall have unrestricted access to U.S.
Immigration and Customs Enforcement facilities; and
``(B) shall be able to review documents, request
and review information, and speak privately with
aliens, contractors, volunteers, and U.S. Immigration
and Customs Enforcement facility staff.
``(5) Annual assessment of solitary confinement use in
immigration detention.--
``(A) Objectives.--Not later than 90 days after the
last day of each fiscal year, the Officer for Civil
Rights and Civil Liberties shall submit an assessment
to the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary
of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on the
Judiciary of the House of Representatives that analyzes
the use of solitary confinement in U.S. Immigration and
Customs Enforcement facilities during such fiscal year.
``(B) Data.--Each assessment submitted under
subparagraph (A) shall include aggregated and
disaggregated data reported by U.S. Immigration and
Customs Enforcement facilities, to be provided by U.S.
Immigration and Customs Enforcement to the Officer for
Civil Rights and Civil Liberties not later than 30 days
after the last day of each fiscal year, including--
``(i) the policies and regulations of U.S.
Immigration and Customs Enforcement,
including--
``(I) any changes in policies and
regulations, for determining which
aliens are placed in solitary
confinement; and
``(II) a detailed description of
the conditions and restrictions of
solitary confinement;
``(ii) the number of aliens in U.S.
Immigration and Customs Enforcement facilities
who were housed in solitary confinement for any
period and the percentage of all aliens who
spent at least some time in solitary
confinement during the reporting period;
``(iii) the demographics of all aliens
housed in solitary confinement, including race,
ethnicity, religion, age, and gender;
``(iv) the policies and regulations of U.S.
Immigration and Customs Enforcement facilities,
including any updates in policies and
regulations, for subsequent reviews or appeals
of the placement of a detained alien into or
out of solitary confinement;
``(v) the number of reviews of and
challenges to the placement of a detained alien
in solitary confinement during the reporting
period and the number of reviews or appeals
that directly resulted in a change of
placement;
``(vi) a detailed description of the
conditions and restrictions for solitary
confinement, including the number of hours
spent in isolation and the percentage of time
these conditions involve 2 aliens celled
together in solitary confinement;
``(vii) the mean and median length of stay
in solitary confinement, based on all
individuals released from solitary confinement
during the reporting period, and any maximum
length of stay during the reporting period;
``(viii) 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
a detained alien in the general population;
``(ix) the policies for mental health
screening, mental health treatment, and
subsequent mental health reviews for all
detained aliens, including any update to the
policies, and any additional screening,
treatment, and monitoring for detained aliens
in solitary confinement;
``(x) a statement of the types of mental
health staff that conducted mental health
assessments for U.S. Immigration and Customs
Enforcement facilities during the reporting
period, a description of the different
positions in the mental health staff of U.S.
Immigration and Customs Enforcement facilities,
and the number of part- and full-time
psychologists and psychiatrists employed by
U.S. Immigration and Customs Enforcement
facilities during the reporting period;
``(xi) data on mental health and medical
indicators for all detained aliens in solitary
confinement, including--
``(I) the number of aliens
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 aliens placed on
suicide watch;
``(VI) the number of instances of
self-harm committed by aliens;
``(VII) the number of aliens with
physical disabilities, including blind,
deaf, and mobility-impaired aliens; and
``(VIII) the number of instances of
forced feeding of aliens;
``(xii) any instances in which an
Enforcement and Removal Operations Field Office
Director reported that a U.S. Immigration and
Customs Enforcement facility in his or her
jurisdiction failed to comply with or was
suspected of failing to comply with the
Restricting Solitary Confinement in Immigration
Detention Act of 2019; and
``(xiii) any other relevant data.
``(C) Content.--Each assessment submitted under
subparagraph (A) shall include--
``(i) an analysis of the data provided
under subparagraph (B);
``(ii) recommendations for reform offered
to the Director of U.S. Immigration and Customs
Enforcement and the Secretary under paragraph
(6); and
``(iii) the response from U.S. Immigration
and Customs Enforcement and the Department to
such recommendations for reform.
``(D) Authority on final report.--Each assessment
submitted under subparagraph (A) may be reviewed by
U.S. Immigration and Customs Enforcement and the
Secretary before submission, but the Officer for Civil
Rights and Civil Liberties has final authority on the
text and release of the assessment.
``(6) Regular meetings with the secretary and the director
of u.s. immigration and customs enforcement.--The Officer for
Civil Rights and Civil Liberties shall meet regularly with the
Secretary and the Director of U.S. Immigration and Customs
Enforcement--
``(A) to identify problems with the solitary
confinement policies and practices in U.S. Immigration
and Customs Enforcement facilities, including overuse
of solitary confinement; and
``(B) to present recommendations for such
administrative action as may be appropriate to resolve
problems relating to solitary confinement policies and
practices in U.S. Immigration and Customs Enforcement
facilities.''.
(b) Annual Report.--Not later than December 31 of each year, the
Inspector General of the Department of Homeland Security shall issue a
report analyzing--
(1) the use of solitary confinement in U.S. Immigration and
Customs Enforcement facilities; and
(2) the Department's compliance with this Act and the
amendments made by this Act.
SEC. 6. RULEMAKING.
The Secretary and the Director of U.S. Immigration and Customs
Enforcement 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. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums
as may be necessary to carry out this Act and the amendments made by
this Act.
SEC. 8. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect on the date that is 18 months after the date
of the enactment of this Act.
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