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Code · BILL · 114th Congress · H.R. 2314 (Introduced in House) — To ensure the humane treatment of persons detained pursuant to the Immigration and Nationality Act. · Sec. 5

Sec. 5. Oversight of detention facilities

748 words·~3 min read·/bill/114/hr/2314/ih/section-5·

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In this section: The term applicable standards means the most recent version of detention standards and detention-related policies issued by the Secretary or the Director of U.S. Immigration and Customs Enforcement, or the Commissioner of U.S. Customs and Border Protection in compliance with section 2. The term detention facility means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S.
Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including facilities that hold such individuals under a contract or agreement with the Director. All detention facilities shall be inspected by the Secretary on an annual basis and an independent (third party) auditor, on a biannual basis, for compliance with applicable detention standards issued by the Secretary and other applicable regulations in compliance with section 2. In addition to annual inspections, the Secretary shall conduct routine oversight of detention facilities, including unannounced inspections.
All detention facility contracts, memoranda of agreement, financial records, evaluations, audits, and reviews shall be considered records for purposes of section 552(f)(2) of title 5, United States Code. The Secretary shall seek input on an annual basis from nongovernmental organizations regarding their independent opinion of specific facilities. The Secretary shall provide a report on the opinions gathered and the response of the Secretary to any concerns expressed in those consultations to the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.
Facilities shall permit representatives of the news media and nongovernmental organizations to have access to nonclassified and non-confidential information about their operation; given appropriate notice, to tour facilities; and with permission from the detainees, to interview individual detainees. Compliance with applicable standards and rules of the Secretary, and meaningful financial penalties for failure to comply, shall be a material term in any new contract, memorandum of agreement, or any renegotiation, modification, or renewal of an existing contract or agreement, including fee negotiations, executed with detention facilities.
Not later than 180 days after the promulgation of the rule, the Secretary shall secure a modification incorporating these terms for any existing contracts or agreements that will not be renegotiated, renewed, or otherwise modified. Unless the Secretary provides a reasonable extension to a specific detention facility that is negotiating in good faith, contracts or agreements with detention facilities that are not modified within 180 days of the promulgation of the rule, will be cancelled.
In making modifications under this paragraph, the Secretary shall require that detention facilities provide to the Secretary all contracts, memoranda of agreement, evaluations, and reviews regarding the facility not later than 180 days after any modification. The Secretary shall make these materials publicly available. Subject to subsection (b), the Secretary shall impose meaningful financial penalties upon facilities that fail to comply with applicable detention standards issued by the Secretary and other applicable regulations.
Financial penalties imposed under subparagraph
(A)shall be imposed 120 days after a facility fails to achieve an adequate or the equivalent median score in any performance evaluation. The requirements of subparagraph
(A)may be waived if the facility corrects the noted deficiencies and receives an adequate score in not more than 90 days. In cases of persistent and substantial noncompliance, including scoring less than adequate or the equivalent median score in 2 consecutive inspections, the Secretary shall terminate contracts or agreements for the operation and use of such facilities within 60 days, or in the case of facilities operated by the Secretary, such facilities shall be closed within 90 days. Not later than June 30 of each year, the Secretary shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on inspection and oversight activities of detention facilities. Each report submitted under paragraph
(1)shall include— a description of each detention facility found to be in noncompliance with applicable detention standards issued by the Department and other applicable regulations; a description of the actions taken by the Department to remedy any findings of non-compliance or other identified problems, including financial penalties, contract or agreement termination, or facility closure; and information regarding whether the actions described in subparagraph
(B)resulted in compliance with applicable detention standards and regulations.
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