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S. 916IntroducedSenate · nowHousePresidentLawIn committee
Sec. 6 · S. 916

Reports; rulemaking

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(a) Reports (1) Reports by facility administrators Not later than 30 days after the end of each calendar quarter, the facility administrator of each detention facility in which 1 or more pregnant noncitizens were detained during such quarter shall submit a written report to the Secretary that includes, with respect to the facility during such quarter— (A) an account of every instance of the use of a restraint on a pregnant detained noncitizen during pregnancy, labor, or postpartum recovery, including— (i) the type of restraint; (ii) the justification for the use of such restraint; and (iii) the name of the facility administrator who made the individualized determination pursuant to section 4(a)(2)(A); (B) the number of pregnant noncitizens held at such facility; (C) the number of released pregnant noncitizens who were held at such facility; (D) the average length of detention of pregnant noncitizens; (E) the number of pregnant noncitizens who were detained for between 15 and 30 days; (F) the number of pregnant noncitizens who were detained longer than 30 days; and (G) the number of pregnant noncitizens who gave birth while detained and a description of the outcomes of any pregnancies that ended in custody, including any pregnancy that resulted in a live birth, a stillbirth, a miscarriage, an abortion, an ectopic pregnancy, maternal morbidity, maternal death, neonatal death, or preterm birth. (2) Audit and reports by Secretary Not later than 90 days after the last day of each fiscal year, the Secretary shall— (A) complete an audit of the information described in subparagraphs (B) through (E) of paragraph (1) contained in reports covering such fiscal year; (B) submit a report to the appropriate committees of Congress that includes a summary of the information submitted pursuant to paragraph (1), disaggregated by facility; and (C) issue regulations in accordance with relevant national standards that set minimum standards for facilities providing medical care to pregnant noncitizens. (3) Privacy None of the reports submitted pursuant to paragraph (1) or (2) may contain the individually identifying information of any detained noncitizen or the noncitizen's health care provider. (4) Public inspection (A) In general Except as provided in subparagraph (B), each report submitted under this subsection shall be made available on a publicly accessible website of the relevant agency. (B) Facility administrator None of the reports submitted under paragraph (1) or (2) that is posted on a publicly accessible website may contain the name of the facility administrator referred to in paragraph (1)(A)(iii). (b) Rulemaking The Secretary shall adopt regulations or policies to implement the requirements under this Act at each detention facility managed or overseen by the Department of Homeland Security.

Sec. 6: Reports; rulemaking · Public Law Tracker