Sec. 3. Oversight and transparency for DHS detention facilities
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/bill/116/s/1243/is/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
On a periodic basis, and not less than annually, the Inspector General of the Department of Homeland Security shall conduct an unannounced inspection of each facility at which aliens in the custody of the Department of Homeland Security are detained in order to ensure that each such facility is in compliance with the standards under section 2. Not later than 60 days after conducting an inspection under this subsection, the Inspector General shall make a report of such inspection publicly available on the website of the Department of Homeland Security, and submit such report to the Secretary of Homeland Security.
In the case that the Inspector General determines that a facility has failed to comply with the standards under section 2 for the first time during any 2-year period, and that such noncompliance constitutes a deficiency that threatens the health, safety, or the due process rights of detainees, the Inspector General shall notify the Secretary of Homeland Security of such finding, and the Secretary shall— in the case of a facility that is not owned by the Department of Homeland Security, impose a meaningful fine of not less than 10 percent of the value of the contract with the facility; and in the case of a facility that is owned by the Department of Homeland Security— issue a written warning to the facility not later than 30 days after receiving such notification from the Inspector General, which shall include remedial measures to be carried out not later than 60 days after the issuance of the warning; and not later than 60 days after the issuance of the warning described in subclause (I), certify to the Inspector General that the remedial measures have been carried out.
In the case that the Inspector General determines that a facility has failed to comply with the standards under section 2 in two investigations under paragraph
(1)during any 2-year period, and that such noncompliance constitutes a deficiency that threatens the health, safety, or the constitutional rights of detainees, the Inspector General shall notify the Secretary of Homeland Security of such finding, and the Secretary shall— in the case of a facility that is not owned by the Department of Homeland Security, not later than 30 days after receiving such notification, transfer each detainee to a facility that does so comply, and terminate the contract with the owner of the facility; and in the case of a facility that is owned by the Department of Homeland Security, not later than 60 days after receiving such notification, transfer each detainee to a facility that does so comply, and suspend the use of such facility until such time as the Inspector General certifies to the Secretary that the facility is in compliance with such standards, and makes publicly available on the website of the Department of Homeland Security information relating to the remedial measures taken. Not later than 24 hours after the death of an alien in the custody of the Department of Homeland Security, the Secretary of Homeland Security shall notify the Committees on the Judiciary of the House of Representatives and 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 of the death of such alien. Not later than 30 days after the death of an alien in the custody of the Department of Homeland Security, the Secretary of Homeland Security shall conduct an investigation into that death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential system-wide errors that could reduce the probability of such an event in the future. Not later than 60 days after such a death, the Secretary shall make a report describing the results of such investigation publicly available on the website of the Department of Homeland Security. The root cause analysis described in the previous sentence must include appropriately qualified personnel, which, at a minimum, will consist of a medical professional qualified in any field germane to the death, and shall be performed in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. The term death of an alien in the custody of the Department of Homeland Security means any death of an alien occurring while the alien is under the supervision of the Department of Homeland Security, regardless of the location of the death, if the death may have resulted from a health problem, which began, existed during, or was exacerbated during the detention of the alien. On an annual basis, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate a report on the inspections and oversight of facilities at which aliens in the custody of the Department of Homeland Security are detained. Such report shall include information relating to, for the preceding year— each detention facility which the Inspector General found was not in compliance with the standards under section 2 pursuant to an investigation conducted under subsection (a)(1); any remedial actions taken, or that the Secretary plans to take, in order to comply with such standards; and whether the remedial actions described in paragraph
(2)were successful in bringing the facility into compliance with such standards. The reports under subsections
(a)and (b), and any contract between the Department of Homeland Security and a private or public entity which provides for the use of a facility not owned by the Department of Homeland Security to detain aliens in the custody of the Department of Homeland Security, are considered records for purposes of section 552 of title 5, United States Code, and do not qualify for the exception under subsection (b)(4) of such section. On the first day of each month, the Secretary of Homeland Security shall ensure that there is publicly available on the website of the Department of Homeland Security the following information relating to each facility at which aliens in the custody of the Department of Homeland Security may be detained: The name and location of each facility. Whether the facility houses adults, children, or both. As of the first day of the month, the number of beds available in each facility, disaggregated by gender. Whether the facility is used to detain aliens for longer than 72 hours, or for longer than 7 days. The average number of aliens detained in the facility for the current year, and for the preceding month, disaggregated by gender and classification as a child or as an adult. Whether the facility is in compliance with the standards under section 2. In the case of a facility that is not owned by the Department of Homeland Security, the nature of the contract providing for the detention of aliens at that facility. The average, median, 25th quartile, and 50th quartile number of days that an alien has been detained at the facility during the preceding month. The Secretary of Homeland Security shall ensure that the online detainee locator system maintained by the Department of Homeland Security, or any successor system, is updated not later than 12 hours after an alien is taken into custody or released from custody by the Department of Homeland Security, transferred to, or detained in, a detention facility, or removed from the United States. The Secretary of Homeland Security shall collect and maintain, for each alien in the custody of the Department of Homeland Security, the following information: The gender and age of the alien. The date on which the alien was detained. The country of origin of the alien. Whether the alien is considered a vulnerable person (as such term is defined in section 236(g) of the Immigration and Nationality Act ( 8 U.S.C. 1226(g) ) or a primary caregiver. The provision of law under with the Secretary is authorized to detain the alien. The location where the alien is detained. Any transfer of the alien to another detention facility, and the reason for such transfer. The status and basis of any removal proceedings. The initial custody determination made by Immigration and Customs Enforcement, and any review of that determination. If applicable, the date of the alien’s release or removal, and the reason for such release or removal. Whether the alien is subject to a final order of removal. Whether the alien was apprehended as part of a family unit. Whether the alien was separated from a family unit.
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Sec. 3
Oversight and transparency for DHS detention facilities
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