[Congressional Record Volume 165, Number 182 (Thursday, November 14, 2019)]
[Senate]
[Pages S6607-S6610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself, Mr. Booker, Ms. Harris, and Mr.
Schatz):
S. 2870. A bill to limit the use of solitary confinement and other
forms of restrictive housing in immigration detention, and for other
purposes; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2870
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;
[[Page S6608]]
(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;
(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
[[Page S6609]]
(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;
``(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
[[Page S6610]]
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.
____________________