[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.
                                 <all>