Sec. 154. Rulemaking and enforcement
451 words·~2 min read·
/bill/113/hr/3163/ih/section-154A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 60 days after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking regarding the implementation of this Act. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations, which shall be binding upon all detention facilities and short-term detention facilities, to ensure that the detention requirements under sections 142 and 143 are fully implemented and enforced and that all facilities comply with the regulations.
The Secretary shall enforce all regulations and standards promulgated under subsection (a). Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue guidance to detention facilities and short-term detention facilities to ensure compliance with all the detention requirements under sections 142 and 143. Each detainee has the right to file grievances with the staff of detention facilities, short-term detention facilities, and the Department of Homeland Security, and shall be protected from retaliation for exercising such right.
The Secretary shall— review any grievance or other complaint containing evidence that a detention facility or short-term detention facility has violated any requirement under this Act; issue a determination in writing to the complainant indicating the Secretary’s findings regarding the alleged violation not later than 30 days after receiving such complaint; remedy any violation not later than 30 days after issuing a determination under clause (ii); and promptly advise the complainant of the remedy referred to in clause (iii).
If the Secretary issues a written response under subparagraph (B)(ii) indicating that no violation has occurred, such response shall constitute final agency action for the purposes of section 702 of title 5, United States Code. The Secretary shall enforce compliance with the detention requirements under sections 142 and 143 by— imposing financial penalties upon detention facilities and short-term detention facilities that are not in compliance with such requirements; and terminating the contracts of such facilities if such noncompliance persists.
Each detention facility and short-term detention facility shall designate an officer to ensure compliance with the provisions of this Act. Each officer designated under subparagraph
(A)shall— investigate all evidence pertaining to a violation of this Act; and if a violation is identified, remedy the violation within 30 days. A detainee may not seek judicial review of the detention facility’s determination until after the passage of the 30-day period, except where irreparable harm would result. Nothing in this section may be construed to preclude review of noncompliance with this Act under— section 1331 or 2241 of title 28, United States Code; or section 1979 of the Revised Statutes ( 42 U.S.C. 1983 ). No individual may seek punitive damages for any violation under this Act.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 154
Rulemaking and enforcement
Cites 1Cited by 0 across 0 sources