II 

111TH CONGRESS 

1ST SESSION S. 1550 

To ensure that individuals detained by the Department of Homeland Security 

are treated humanely, provided adequate medical care, and granted certain specified rights. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2009 

Mr. MENENDEZ (for himself and Mrs. GILLIBRAND) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To ensure that individuals detained by the Department of 

Homeland Security are treated humanely, provided adequate medical care, and granted certain specified rights. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Treatment, Avoid5 ing Needless Deaths, and Abuse Reduction in the Deten6 tion System Act’’ or the ‘‘Strong STANDARDS Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 


smartinez on DSKD5P82C1PROD with BILLS
2 

•S 1550 IS

1 (1) DETAINEE.—The term ‘‘detainee’’ means 

2 an individual who is subject to detention under the 

3 Immigration and Nationality Act. 

4 (2) DETENTION.—The term ‘‘detention’’ means 

5 government custody or any other deprivation of an 

6 individual’s freedom of movement by government 

7 agents. 

8 (3) DETENTION FACILITY.—The term ‘‘deten9 tion facility’’ means any Federal, State, local govern10 ment facility, or privately owned and operated facil11 ity that is used to hold detainees for more than 72 

12 hours. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Homeland Security. 

15 (5) SHORT-TERM DETENTION FACILITY.—The 

16 term ‘‘short-term detention facility’’ means any Fed17 eral, State, local government, or privately owned and 

18 operated facility that is used to hold immigration de19 tainees for 72 hours or less. 

20 (6) UNACCOMPANIED ALIEN CHILDREN.—The 

21 term ‘‘unaccompanied alien children’’ has the mean22 ing given the term in section 462(g) of the Home23 land Security Act of 2002 (6 U.S.C. 279(g)). 

24 SEC. 3. DETENTION CONDITIONS. 

25 (a) IN GENERAL.—The Secretary shall— 


smartinez on DSKD5P82C1PROD with BILLS
3 

•S 1550 IS

1 (1) ensure that all detainees are treated hu2 manely and granted the protections described in this 

3 section; and 

4 (2) comply with the minimum requirements set 

5 forth in this section. 

6 (b) QUALITY OF MEDICAL CARE.— 

7 (1) RIGHT TO MEDICAL CARE.—Each detainee 

8 has the right to— 

9 (A) prompt and adequate medical care, de10 signed to ensure continuity of care, at no cost 

11 to the detainee; 

12 (B) care to address medical needs that ex13 isted prior to detention; and 

14 (C) primary care, emergency care, chronic 

15 care, reproductive health care, prenatal care, 

16 dental care, eye care, mental health care, and 

17 other medically necessary specialized care. 

18 (2) SCREENINGS AND EXAMINATIONS.—Each 

19 detainee shall receive— 

20 (A) a comprehensive medical, dental, and 

21 mental health intake screening, including 

22 screening for sexual abuse or assault by a li23 censed health care professional upon arrival at 

24 a detention facility or short-term detention fa25 cility; and 


smartinez on DSKD5P82C1PROD with BILLS
4 

•S 1550 IS

1 (B) a comprehensive medical and mental 

2 health examination by a licensed health care 

3 professional not later than 14 days after the de4 tainee’s arrival at a detention facility. 

5 (3) MEDICATIONS AND TREATMENT.— 

6 (A) PRESCRIPTIONS.—Each detainee tak7 ing prescribed medications prior to detention 

8 shall be allowed to continue taking such medica9 tions, on schedule and without interruption, 

10 until and unless a licensed health care profes11 sional examines the immigration detainee and 

12 decides upon an alternative course of treatment. 

13 Detainees who arrive at a detention facility 

14 without prescription medications and report 

15 being on such medications shall be evaluated by 

16 a qualified health care professional not later 

17 than 24 hours after arrival. All decisions to dis18 continue or modify a detainee’s reported pre19 scription medication regimen shall be conveyed 

20 to the detainee in a language that the detainee 

21 understands and shall be recorded in writing in 

22 the detainee’s medical records. 

23 (B) PSYCHOTROPIC MEDICATION.—Medi24 cation may not be forcibly administered to a de25 tainee to facilitate transport, removal, or otherVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
5 

•S 1550 IS

1 wise to control the detainee’s behavior. Involun2 tary psychotropic medication may only be used, 

3 to the extent authorized by applicable law, in 

4 emergency situations after a physician has per5 sonally examined the detainee and determined 

6 that— 

7 (i) the detainee is imminently dan8 gerous to self or others due to a mental ill9 ness; and 

10 (ii) involuntary psychotropic medica11 tion is medically appropriate to treat the 

12 mental illness and necessary to prevent 

13 harm. 

14 (C) TREATMENT.—Each detainee shall be 

15 provided medically necessary treatment, includ16 ing prenatal care, prenatal vitamins, hormonal 

17 therapies, and birth control. Female detainees 

18 shall be provided with adequate access to sani19 tary products. 

20 (4) MEDICAL CARE DECISIONS.—Any decision 

21 regarding requested medical care for a detainee— 

22 (A) shall be made in writing by an on-site 

23 licensed health care professional not later than 

24 72 hours after such medical care is requested; 

25 and 


smartinez on DSKD5P82C1PROD with BILLS
6 

•S 1550 IS

1 (B) shall be immediately communicated to 

2 the detainee. 

3 (5) ADMINISTRATIVE APPEALS PROCESS.— 

4 (A) IN GENERAL.—Detention facilities, in 

5 conjunction with the Department of Homeland 

6 Security, shall ensure that detainees, medical 

7 providers, and legally appointed advocates have 

8 the opportunity to appeal a denial of requested 

9 health care services by an on-site provider to an 

10 independent appeals board. 

11 (B) APPEALS BOARD.—The appeals board 

12 shall include health care professionals in the 

13 fields relevant to the request for medical or 

14 mental health care. 

15 (C) DECISION.—Not later than 7 days 

16 after an appeal is received by the appeals board 

17 under this paragraph, or earlier if medically 

18 necessary, the appeals board shall issue a writ19 ten decision regarding the appeal and notify the 

20 detention facility and the appellee of such deci21 sion. 

22 (6) REVIEW OF ON-SITE MEDICAL PROVIDER

23 REQUESTS.— 

24 (A) IN GENERAL.—The Secretary shall re25 spond within 72 hours to any request by an onVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
7 

•S 1550 IS

1 site medical provider for authorization to pro2 vide medical or mental health care to a de3 tainee. 

4 (B) WRITTEN EXPLANATION.—If the Sec5 retary denies or fails to grant a request de6 scribed in subparagraph (A), the Secretary shall 

7 immediately provide a written explanation of 

8 the reasons for such decision to the on-site 

9 medical provider and the detainee. 

10 (C) APPEALS BOARD.—The on-site medical 

11 provider and the detainee (or the detainee’s le12 gally appointed advocate) shall be permitted to 

13 appeal the denial of, or failure to grant, a re14 quest described in subparagraph (A) to an inde15 pendent appeals board. 

16 (D) DECISION.—Not later than 7 days 

17 after an appeal is received by the appeals board 

18 under this paragraph, or earlier if medically 

19 necessary, the appeals board shall issue a writ20 ten decision regarding the appeal and notify the 

21 on-site medical provider, the detainee, and the 

22 detention facility of such decision. 

23 (7) CONDITIONAL RELEASE.— 

24 (A) IN GENERAL.—If a licensed health 

25 care professional determines that a detainee has 


smartinez on DSKD5P82C1PROD with BILLS
8 

•S 1550 IS

1 a medical or mental health care condition, is 

2 pregnant, or is a nursing mother, the Secretary 

3 shall consider releasing the detainee on parole, 

4 on bond, or into a secure alternatives program. 

5 (B) REEVALUATION.—If a detainee de6 scribed in subparagraph (A) is not initially re7 leased under this paragraph, the Secretary shall 

8 periodically reevaluate the situation of the de9 tainee to determine if such a release would be 

10 appropriate. 

11 (C) DISCHARGE PLANNING.—Upon re12 moval or release, all detainees with serious med13 ical or mental health conditions and women who 

14 are pregnant shall receive discharge planning to 

15 ensure continuity of care for a reasonable pe16 riod of time. 

17 (8) MEDICAL RECORDS.— 

18 (A) IN GENERAL.—The Secretary shall 

19 maintain complete, confidential medical records 

20 for every detainee and make such records avail21 able to a detainee or to individuals authorized 

22 by the detainee not later than 72 hours after 

23 receiving a request for such records. 

24 (B) TRANSFER OF MEDICAL RECORDS.— 

25 Immediately upon a detainee’s transfer between 


smartinez on DSKD5P82C1PROD with BILLS
9 

•S 1550 IS

1 detention facilities, the detainee’s complete 

2 medical records, including any transfer sum3 mary, shall be provided to the receiving deten4 tion facility. 

5 (c) TRANSFERS OF DETAINEES.— 

6 (1) NOTICE.—Absent exigent circumstances, 

7 such as a natural disaster or comparable emergency, 

8 the Secretary shall provide not less than 72 hours 

9 written notice to any detainee before transferring 

10 such detainee to another detention facility. Not later 

11 than 24 hours after such transfer, the Secretary 

12 shall notify the detainee’s legal representative or 

13 other person designated by the detainee of the trans14 fer, by telephone and in writing. 

15 (2) PROCEDURES.—Absent exigent cir16 cumstances, such as a natural disaster or com17 parable emergency, the Secretary shall not transfer 

18 a detainee to another detention facility if such trans19 fer would— 

20 (A) impair an existing attorney-client rela21 tionship; 

22 (B) prejudice the rights of the detainee in 

23 any legal proceeding, including any Federal, 

24 State, or administrative proceeding; or 


smartinez on DSKD5P82C1PROD with BILLS
10 

•S 1550 IS

1 (C) negatively affect the detainee’s health, 

2 including by interrupting the continuity of med3 ical care or provision of prescription medication. 

4 (d) ACCESS TO TELEPHONES.— 

5 (1) IN GENERAL.—Not later than 6 hours after 

6 the commencement of a detention of a detainee, the 

7 detainee shall be provided reasonable access to a 

8 telephone, with at least 1 working telephone avail9 able for every 25 detainees. 

10 (2) CONTACTS.—Each detainee has the right to 

11 contact by telephone, free of charge— 

12 (A) legal representatives; 

13 (B) nongovernmental organizations des14 ignated by the Secretary; 

15 (C) consular officials; 

16 (D) Federal and State courts in which the 

17 detainee is, or may become, involved in a legal 

18 proceeding; and 

19 (E) all government immigration agencies 

20 and adjudicatory bodies, including the Office of 

21 the Inspector General of the Department of 

22 Homeland Security and the Office for Civil 

23 Rights and Civil Liberties of the Department of 

24 Homeland Security, through confidential toll25 free numbers. 


smartinez on DSKD5P82C1PROD with BILLS
11 

•S 1550 IS

1 (3) EMERGENCIES.—Each detainee subject to 

2 expedited removal or who is experiencing a personal 

3 or family emergency, including the need to arrange 

4 care for dependents, shall be allowed to make con5 fidential calls at no charge. 

6 (4) PRIVACY.—Each detainee has the right to 

7 privacy of telephone conversations made for the pur8 pose of obtaining legal representation or related to 

9 legal matters. 

10 (5) RATES.—The Secretary shall ensure that 

11 rates charged in detention facilities for telephone 

12 calls are reasonable and do not significantly impair 

13 the detainee’s right to make telephone calls. 

14 (e) PHYSICAL AND SEXUAL ABUSE.— 

15 (1) IN GENERAL.—No detainee, whether in a 

16 detention facility or short-term detention facility, 

17 shall be subject to degrading or inhumane treatment 

18 such as physical abuse, sexual abuse or harassment, 

19 or arbitrary punishment. 

20 (2) PREVENTION.—Detention facilities shall 

21 take all necessary measures— 

22 (A) to prevent sexual abuse and sexual as23 saults of detainees; 


smartinez on DSKD5P82C1PROD with BILLS
12 

•S 1550 IS

1 (B) to provide medical and mental health 

2 treatment to victims of sexual abuse and sexual 

3 assaults; and 

4 (C) to comply fully with the national 

5 standards for the detection, prevention, reduc6 tion, and punishment of prison rape adopted 

7 pursuant to section 8 of the Prison Rape Elimi8 nation Act of 2003 (42 U.S.C. 15607). 

9 (f) LIMITATIONS ON SOLITARY CONFINEMENT, 

10 SHACKLING, AND STRIP SEARCHES.— 

11 (1) EXTRAORDINARY CIRCUMSTANCES.—The 

12 use of solitary confinement, shackling, and strip 

13 searches of detainees shall be limited to situations 

14 where the use of such techniques is necessitated by 

15 extraordinary circumstances when the safety of 

16 other persons is at imminent risk. These techniques 

17 may not be used for the purpose of humiliating de18 tainees either within or outside the detention facility. 

19 (2) PROTECTED CLASSES.—Solitary confine20 ment, shackling, and strip searches may not be used 

21 on pregnant women, nursing mothers, women in 

22 labor or delivery, or children who are younger than 

23 18 years of age. Strip searches may not be con24 ducted in front of children who are younger than 21 

25 years of age. 


smartinez on DSKD5P82C1PROD with BILLS
13 

•S 1550 IS

1 (3) WRITTEN POLICIES.—Detention facilities 

2 shall— 

3 (A) adopt written policies pertaining to the 

4 use of force and the use of restraints; and 

5 (B) train all staff on the proper use of 

6 such techniques and devices. 

7 (g) LOCATION OF DETENTION FACILITIES.— 

8 (1) NEW FACILITIES.—All detention facilities 

9 first used by the Department of Homeland Security 

10 after the date of the enactment of this Act shall be 

11 located within 50 miles of a community in which 

12 there is a demonstrated capacity to provide free or 

13 low-cost legal representation by— 

14 (A) nonprofit legal aid organizations; or 

15 (B) pro bono attorneys with expertise in 

16 asylum or immigration law. 

17 (2) EXISTING FACILITIES.—Not later than Jan18 uary 1, 2012, all detention facilities used by the De19 partment of Homeland Security shall meet the loca20 tion requirement described in paragraph (1). 

21 (3) REPORT.—If the Secretary fails to comply 

22 with the requirement under paragraph (2) by Janu23 ary 1, 2012, the Secretary shall submit a report to 

24 Congress on such date, and annually thereafter, 

25 that— 


smartinez on DSKD5P82C1PROD with BILLS
14 

•S 1550 IS

1 (A) explains the reasons for such failure; 

2 and 

3 (B) describes the specific plans of the Sec4 retary to meet such requirement. 

5 (h) TRANSLATION CAPABILITIES.—Detention facili6 ties and short-term detention facilities shall— 

7 (1) employ staff who are professionally qualified 

8 in any language spoken by more than 10 percent of 

9 its detainee population; 

10 (2) arrange for alternative translation services, 

11 as needed, in the exceptional circumstances when 

12 trained bilingual staff members are unavailable to 

13 translate; and 

14 (3) provide notices and written materials to de15 tainees in the native language of such detainees if 

16 such language is spoken by more than 5 percent of 

17 the detainees in the facility. 

18 (i) LEGAL ACCESS.—All detention facilities shall pro19 vide detainees with— 

20 (1) access to legal information, including an on21 site law library with up-to-date legal materials and 

22 law databases; 

23 (2) free access to the necessary equipment and 

24 materials for legal research and correspondence, 


smartinez on DSKD5P82C1PROD with BILLS
15 

•S 1550 IS

1 such as computers, printers, copiers, and type2 writers; 

3 (3) information regarding the availability of 

4 legal information and services to assist those with 

5 limited English proficiency or disabilities; 

6 (4) confidential meeting space to confer with 

7 legal counsel; and 

8 (5) services to send confidential legal docu9 ments to legal counsel, government offices, and legal 

10 organizations. 

11 (j) VISITORS.— 

12 (1) LEGAL REPRESENTATION.—Detainees in 

13 detention facilities have the right to meet privately 

14 with current or prospective legal representatives, in15 terpreters, and other legal support staff for at least 

16 8 hours per day on regular business days and 4 

17 hours per day on weekends and holidays, subject to 

18 appropriate security procedures. Legal visits may 

19 only be restricted for narrowly defined exceptional 

20 circumstances, such as a natural disaster or com21 parable emergency. 

22 (2) PRO BONO ORGANIZATIONS.—Detention fa23 cilities shall prominently post, in detainee housing 

24 units and other appropriate areas, official lists of 

25 pro bono legal organizations and their contact inforVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
16 

•S 1550 IS

1 mation, which shall be updated semiannually by the 

2 Secretary. 

3 (3) RELIGIOUS, CULTURAL, AND SPIRITUAL

4 VISITORS.—Detainees have the right to reasonable 

5 access to religious or other qualified individuals to 

6 address religious, cultural, and spiritual consider7 ations. 

8 (4) CHILDREN.—Detainees have the right to 

9 regular, private contact visits with children who are 

10 younger than 18 years of age. 

11 (k) RECREATIONAL PROGRAMS AND ACTIVITIES.— 

12 Detention facilities shall provide detainees with access to 

13 at least 1 hour of indoor and outdoor recreational pro14 grams and activities each day. 

15 (l) TRAINING OF PERSONNEL.—All personnel in de16 tention facilities and short-term detention facilities shall 

17 be given comprehensive, specialized training and regular, 

18 periodic updates, including— 

19 (1) an overview of immigration detention and 

20 all detention standards; 

21 (2) the characteristics of the noncitizen de22 tainee population, including special characteristics of 

23 vulnerable groups; and 

24 (3) the due process and grievance procedures to 

25 protect the rights of detainees. 


smartinez on DSKD5P82C1PROD with BILLS
17 

•S 1550 IS

1 (m) TRANSPORTATION.—The Secretary shall ensure 

2 that— 

3 (1) each detainee is safely transported, which 

4 shall include the appropriate use of safety harnesses 

5 and occupancy limitations of vehicles; and 

6 (2) female officers are responsible and at all 

7 times present during the transfer and transport of 

8 female detainees who are in the custody of the De9 partment of Homeland Security. 

10 (n) VULNERABLE POPULATIONS.—Detention facility 

11 conditions and minimum requirements for detention facili12 ties shall recognize and accommodate the unique needs of 

13 vulnerable detainees, including— 

14 (1) families with children; 

15 (2) asylum seekers; 

16 (3) victims of abuse, torture, or trafficking; 

17 (4) individuals who are older than 65 years of 

18 age; 

19 (5) pregnant women; and 

20 (6) nursing mothers. 

21 (o) CHILDREN.—The Secretary shall ensure that un22 accompanied alien children are— 

23 (1) physically separated from any adult who is 

24 not an immediate family member; and 

25 (2) separated by sight and sound from— 


smartinez on DSKD5P82C1PROD with BILLS
18 

•S 1550 IS

1 (A) immigration detainees and inmates 

2 with criminal convictions; 

3 (B) pretrial inmates facing criminal pros4 ecution; 

5 (C) children who have been adjudicated 

6 delinquents or convicted of adult offenses or are 

7 pending delinquency or criminal proceedings; 

8 and 

9 (D) inmates exhibiting violent behavior 

10 while in detention. 

11 SEC. 4. SPECIFIC DETENTION REQUIREMENTS FOR SHORT12 TERM DETENTION FACILITIES. 

13 (a) ACCESS TO BASIC NEEDS, PEOPLE, AND PROP14 ERTY.— 

15 (1) BASIC NEEDS.—All detainees in short-term 

16 detention facilities shall receive— 

17 (A) potable water; 

18 (B) food, if detained for more than 5 

19 hours; 

20 (C) basic toiletries, diapers, sanitary prod21 ucts, and blankets; and 

22 (D) access to bathroom facilities. 

23 (2) PEOPLE.—The Secretary shall provide con24 sular officials with access to detainees held at any 

25 short-term detention facility. Detainees shall be afVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
19 

•S 1550 IS

1 forded reasonable access to a licensed health care 

2 professional. The Secretary shall ensure that nursing 

3 mothers in such facilities have access to their chil4 dren. 

5 (3) PROPERTY.—Any property belonging to a 

6 detainee that was confiscated by an official of the 

7 Department of Homeland Security shall be returned 

8 to the detainee upon repatriation or transfer. 

9 (b) PROTECTIONS FOR CHILDREN.— 

10 (1) QUALIFIED STAFF.—The Secretary shall 

11 ensure that adequately trained and qualified staff 

12 are stationed at each major port of entry at which, 

13 during the most recent 2 fiscal years, an average of 

14 not fewer than 50 unaccompanied alien children per 

15 year have been held by United States Customs and 

16 Border Protection, which staff shall include— 

17 (A) independent licensed social workers 

18 dedicated to ensuring the proper temporary 

19 care for the children while in the custody of 

20 United States Customs and Border Protection; 

21 and 

22 (B) agents charged primarily with the safe, 

23 swift, and humane transportation of such chil24 dren to the custody of the Office of Refugee Re25 settlement. 


smartinez on DSKD5P82C1PROD with BILLS
20 

•S 1550 IS

1 (2) SPECIFIC RIGHTS.—The social workers de2 scribed in paragraph (1)(A) shall ensure that each 

3 unaccompanied alien child— 

4 (A) receives emergency medical care; 

5 (B) receives mental health care in case of 

6 trauma; 

7 (C) has access to psychosocial health serv8 ices; 

9 (D) is provided with— 

10 (i) a pillow, linens, and sufficient 

11 blankets to rest at a comfortable tempera12 ture; and 

13 (ii) a bed and mattress placed in an 

14 area specifically designated for residential 

15 use; 

16 (E) receives adequate nutrition; 

17 (F) enjoys a safe and sanitary living envi18 ronment; 

19 (G) receives educational materials; and 

20 (H) has access to at least 3 hours of in21 door and outdoor recreational programs and ac22 tivities per day. 

23 (c) CONFIDENTIALITY.— 

24 (1) IN GENERAL.—The Secretary of Health and 

25 Human Services shall maintain the privacy and conVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
21 

•S 1550 IS

1 fidentiality of all information gathered in the course 

2 of providing care, custody, placement, and follow-up 

3 services to unaccompanied alien children, consistent 

4 with the best interest of such children, by not dis5 closing such information to other government agen6 cies or nonparental third parties, except as provided 

7 under paragraph (2). 

8 (2) LIMITED DISCLOSURE OF INFORMATION.— 

9 The Secretary may only disclose information regard10 ing an unaccompanied alien child if— 

11 (A) the child authorizes such disclosure 

12 and such is consistent with the child’s best in13 terest; or 

14 (B) the disclosure is to a duly recognized 

15 law enforcement entity and is necessary to pre16 vent imminent and serious harm to another in17 dividual. 

18 (3) WRITTEN RECORD.—All disclosures under 

19 paragraph (2) shall be duly recorded in writing and 

20 placed in the child’s file. 

21 SEC. 5. RULEMAKING AND ENFORCEMENT. 

22 (a) REGULATIONS.— 

23 (1) NOTICE OF PROPOSED RULEMAKING.—Not 

24 later than 60 days after the date of the enactment 

25 of this Act, the Secretary shall issue a notice of proVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
22 

•S 1550 IS

1 posed rulemaking regarding the implementation of 

2 this Act. 

3 (2) FINAL REGULATIONS.—Not later than 180 

4 days after the date of the enactment of this Act, the 

5 Secretary shall promulgate regulations, which shall 

6 be binding upon all detention facilities and short7 term detention facilities, to ensure that the detention 

8 requirements under sections 3 and 4 are fully imple9 mented and enforced and that all facilities comply 

10 with the regulations. 

11 (b) ENFORCEMENT.— 

12 (1) IN GENERAL.—The Secretary shall enforce 

13 all regulations and standards promulgated under 

14 subsection (a). Not later than 180 days after the 

15 date of the enactment of this Act, the Secretary 

16 shall issue guidance to detention facilities and short17 term detention facilities to ensure compliance with 

18 all the detention requirements under sections 3 and 

19 4. 

20 (2) INVESTIGATION.— 

21 (A) GRIEVANCES.—Each detainee has the 

22 right to file grievances with the staff of deten23 tion facilities, short-term detention facilities, 

24 and the Department of Homeland Security, and 


smartinez on DSKD5P82C1PROD with BILLS
23 

•S 1550 IS

1 shall be protected from retaliation for exercising 

2 such right. 

3 (B) REVIEW.—The Secretary shall— 

4 (i) review any grievance or other com5 plaint containing evidence that a detention 

6 facility or short-term detention facility has 

7 violated any requirement under this Act; 

8 (ii) issue a determination in writing to 

9 the complainant indicating the Secretary’s 

10 findings regarding the alleged violation not 

11 later than 30 days after receiving such 

12 complaint; 

13 (iii) remedy any violation not later 

14 than 30 days after issuing a determination 

15 under clause (ii); and 

16 (iv) promptly advise the complainant 

17 of the remedy referred to in clause (iii). 

18 (C) WRITTEN RESPONSE.—If the Sec19 retary issues a written response under subpara20 graph (B)(ii) indicating that no violation has 

21 occurred, such response shall constitute final 

22 agency action for the purposes of section 702 of 

23 title 5, United States Code. 


smartinez on DSKD5P82C1PROD with BILLS
24 

•S 1550 IS

1 (3) PENALTIES.—The Secretary shall enforce 

2 compliance with the detention requirements under 

3 sections 3 and 4 by— 

4 (A) imposing financial penalties upon de5 tention facilities and short-term detention facili6 ties that are not in compliance with such re7 quirements; and 

8 (B) terminating the contracts of such fa9 cilities if such noncompliance persists. 

10 (4) COMPLIANCE OFFICER.— 

11 (A) DESIGNATION.—Each detention facil12 ity and short-term detention facility shall des13 ignate an officer to ensure compliance with the 

14 provisions of this Act. 

15 (B) DUTIES.—Each officer designated 

16 under subparagraph (A) shall— 

17 (i) investigate all evidence pertaining 

18 to a violation of this Act; and 

19 (ii) if a violation is identified, remedy 

20 the violation within 30 days. 

21 (C) JUDICIAL REVIEW.—A detainee may 

22 not seek judicial review of the detention facili23 ty’s determination until after the passage of the 

24 30-day period, except where irreparable harm 

25 would result. 


smartinez on DSKD5P82C1PROD with BILLS
25 

•S 1550 IS

1 (c) RULE OF CONSTRUCTION.—Nothing in the sec2 tion may be construed to preclude review of noncompliance 

3 with this Act under— 

4 (1) section 1331 or 2241 of title 28, United 

5 States Code; or 

6 (2) section 1979 of the Revised Statutes (42 

7 U.S.C. 1983). 

8 (d) PUNITIVE DAMAGES.—No individual may seek 

9 punitive damages for any violation under this Act. 

10 SEC. 6. IMMIGRATION DETENTION COMMISSION. 

11 (a) APPOINTMENT.—The Secretary shall appoint and 

12 convene an Immigration Detention Commission (referred 

13 to in this section as the ‘‘Commission’’), which shall be 

14 comprised of— 

15 (1) experts from United States Immigration 

16 and Customs Enforcement, United States Customs 

17 and Border Protection, the Office of Refugee Reset18 tlement, and the Division of Immigration Health 

19 Services of the Department of Health and Human 

20 Services; and 

21 (2) independent experts, in a number equal to 

22 the number of experts appointed under paragraph 

23 (1), from nongovernmental organizations and inter24 governmental organizations with expertise in workVerDate Nov 24 2008 04:56 Aug 01, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1550.IS S1550

smartinez on DSKD5P82C1PROD with BILLS
26 

•S 1550 IS

1 ing on behalf of detainees and other vulnerable pop2 ulations. 

3 (b) DUTIES.—The Commission shall conduct inde4 pendent investigations, and evaluate and report on the 

5 compliance of detention facilities, short-term detention fa6 cilities, and the Department of Homeland Security with 

7 the detention requirements under sections 3 and 4. 

8 (c) BIENNIAL REPORTS.—Not later than 60 days 

9 after the end of the first fiscal year beginning after the 

10 date of the enactment of this Act, and every 2 years there11 after, the Commission shall submit a report containing the 

12 findings of its investigations and evaluations under sub13 section (b) to— 

14 (1) the Committee on the Judiciary of the Sen15 ate; 

16 (2) the Committee on Homeland Security and 

17 Governmental Affairs of the Senate; 

18 (3) the Committee on the Judiciary of the 

19 House of Representatives; and 

20 (4) the Committee on Homeland Security of the 

21 House of Representatives. 

22 SEC. 7. DEATH IN CUSTODY REPORTING REQUIREMENT. 

23 (a) IN GENERAL.—If an individual dies while in the 

24 custody of the Department of Homeland Security or en 

25 route to or from such custody— 


smartinez on DSKD5P82C1PROD with BILLS
27 

•S 1550 IS

1 (1) the supervising official at the detention fa2 cility or short-term detention facility at which the 

3 death took place shall immediately notify the Sec4 retary of such death; and 

5 (2) not later than 48 hours after receiving a no6 tification under paragraph (1), the Secretary shall 

7 report the death to— 

8 (A) the Office of the Inspector General of 

9 the Department of Homeland Security; and 

10 (B) the Department of Justice. 

11 (b) REPORT TO CONGRESS.—Not later than 60 days 

12 after the end of each fiscal year, the Secretary shall sub13 mit a report containing detailed information regarding all 

14 the deaths of individuals in the custody of the Department 

15 of Homeland Security during the preceding fiscal year to 

16 the committees set forth in section 6(c). 

17 (c) CONTENTS.—The reports submitted under sub18 section (a)(2) and subsection (b) shall include— 

19 (1) the name, gender, race, ethnicity, and age 

20 of the deceased; 

21 (2) the date, time, and location of death; 

22 (3) the law enforcement agency that detained, 

23 arrested, or was in the process of arresting the de24 ceased; 


smartinez on DSKD5P82C1PROD with BILLS
28 

•S 1550 IS

1 (4) a description of the circumstances sur2 rounding the death; 

3 (5) the status and results of any investigation 

4 that has been conducted into the circumstances sur5 rounding the death; and 

6 (6) all medical records of the deceased. 

Æ 


smartinez on DSKD5P82C1PROD with BILLS