Sec. 5. Oversight responsibilities
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Section 705 of the Homeland Security Act of 2002 ( 6 U.S.C. 345 ) is amended by adding at the end the following: 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 . 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— 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 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.
The Secretary shall ensure that each U.S. Immigration and Customs Enforcement facility provides aliens with— 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— notice prominently posted in the living and common areas of each such facility; 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; notice to aliens with disabilities in accessible formats; and written or verbal notice in a language the alien understands; and 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. The Officer for Civil Rights and Civil Liberties— shall have unrestricted access to U.S. Immigration and Customs Enforcement facilities; and 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. 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. 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— the policies and regulations of U.S. Immigration and Customs Enforcement, including— any changes in policies and regulations, for determining which aliens are placed in solitary confinement; and a detailed description of the conditions and restrictions of solitary confinement; 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; the demographics of all aliens housed in solitary confinement, including race, ethnicity, religion, age, and gender; 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; 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; 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; 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; 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; 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; 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; data on mental health and medical indicators for all detained aliens in solitary confinement, including— the number of aliens requiring medication for mental health conditions; the number diagnosed with an intellectual disability; the number diagnosed with serious mental illness; the number of suicides; the number of attempted suicides and number of aliens placed on suicide watch; the number of instances of self-harm committed by aliens; the number of aliens with physical disabilities, including blind, deaf, and mobility-impaired aliens; and the number of instances of forced feeding of aliens; 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 any other relevant data. Each assessment submitted under subparagraph
(A)shall include— an analysis of the data provided under subparagraph (B); recommendations for reform offered to the Director of U.S. Immigration and Customs Enforcement and the Secretary under paragraph (6); and the response from U.S. Immigration and Customs Enforcement and the Department to such recommendations for reform. 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. The Officer for Civil Rights and Civil Liberties shall meet regularly with the Secretary and the Director of U.S. Immigration and Customs Enforcement— to identify problems with the solitary confinement policies and practices in U.S. Immigration and Customs Enforcement facilities, including overuse of solitary confinement; and 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. . Not later than December 31 of each year, the Inspector General of the Department of Homeland Security shall issue a report analyzing— the use of solitary confinement in U.S. Immigration and Customs Enforcement facilities; and the Department’s compliance with this Act and the amendments made by this Act.
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Sec. 5
Oversight responsibilities
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