; (II) the Committee on the Judiciary of the Senate ; (III) the Committee on Homeland Security of the House of Representatives ; and (IV) the Committee on the Judiciary of the House of Representatives . (5) Vulnerable populations (A) In general A U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection facility may not place a detained noncitizen in solitary confinement if— (i) except as provided in subparagraph (B), the detained noncitizen— (I) is younger than 25 years of age; (II) has a serious mental illness or an intellectual disability; (III) 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; (IV) is pregnant or is in the first 8 weeks of the postpartum recovery period after giving birth; or (V) has been determined by a licensed medical processional to be likely to be significantly adversely affected by placement in solitary confinement; (ii) the detained noncitizen is lesbian, gay, bisexual, transgender, intersex, or gender nonconforming (as such terms are defined in section 115.5 of title 28, Code of Federal Regulations, or in any successor regulation), if such placement is based (in whole or in part) on such identification or status; (iii) the detained noncitizen is HIV positive, if the placement is based (in whole or in part) on such HIV positive status; (iv) the placement is based (in whole or in part) on the detained noncitizen’s race, religion, or nationality; or (v) if the noncitizen is not a protection case, the placement is based (in whole or in part) on— (I) the detained noncitizen’s report of an incident of abuse or misconduct; (II) the detained noncitizen’s decision to engage in a hunger strike