[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]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. DURBIN (for himself, Ms. Collins, Mr. Brown, Mr. 
        Blumenthal, Mr. Markey, Mr. Wyden, Mr. Reed, Mrs. Murray, Mr. 
        Carper, Mr. Merkley, Ms. Hirono, Mr. Kaine, and Mr. Booker):
  S. 2865. A bill to amend title 38, United States Code, to prohibit 
smoking on the premises of any facility of the Veterans Health 
Administration, and for other purposes; to the Committee on Veterans' 
Affairs.
  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. 2865

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROHIBITION ON SMOKING IN FACILITIES OF THE 
                   VETERANS HEALTH ADMINISTRATION.

       (a) Prohibition.--
       (1) In general.--Section 1715 of title 38, United States 
     Code, is amended to read as follows:

     ``Sec. 1715. Prohibition on smoking in facilities of the 
       Veterans Health Administration

       ``(a) Prohibition.--No person (including any veteran, 
     patient, resident, employee of the Department, contractor, or 
     visitor) may smoke on the premises of any facility of the 
     Veterans Health Administration.
       ``(b) Definitions.--In this section:
       ``(1) The term `facility of the Veterans Health 
     Administration' means any land or building (including any 
     medical center, nursing home, domiciliary facility, 
     outpatient clinic, or center that provides readjustment 
     counseling) that is--
       ``(A) under the jurisdiction of the Department of Veterans 
     Affairs;
       ``(B) under the control of the Veterans Health 
     Administration; and
       ``(C) not under the control of the General Services 
     Administration.
       ``(2) The term `smoke' includes--
       ``(A) the use of cigarettes, cigars, pipes, and any other 
     combustion or heating of tobacco; and
       ``(B) the use of any electronic nicotine delivery system, 
     including electronic or e-cigarettes, vape pens, and e-
     cigars.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 17 of such title is 
     amended by striking the item relating to section 1715 and 
     inserting the following new item:
``1715. Prohibition on smoking in facilities of the Veterans Health 
              Administration.''.
       (b) Conforming Amendment.--Section 526 of the Veterans 
     Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1715 
     note) is repealed.
                                 ______
                                 
      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.

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