Sec. 5. Oversight and transparency
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On a periodic basis, not less frequently than annually, the Inspector General of the Department (referred to in this section as the Inspector General ) shall conduct an unannounced, in-person inspection of each facility at which aliens in the custody of the Department are detained to ensure that each such facility is in compliance with the standards established under section 4. Not later than 60 days after conducting an inspection under paragraph (1), the Inspector General shall— submit a report to the Secretary containing the results of such inspection; and make the report available to the public on the internet website of the Department.
If the Inspector General determines that a facility has failed to comply with the standards established under section 4 for the first time during any 2-year period, and 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 such determination; and the Secretary shall— in the case of a facility not owned by the Department, 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 owned by the Department— 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 a warning under subitem (AA), certify to the Inspector General that the remedial measures have been carried out.
Not later than 180 days after the date on which the Inspector General makes a notification under clause (i)(I), the Inspector General shall conduct an in-person inspection of the facility to determine whether the facility has achieved compliance with the standards established under section 4. If the Inspector General determines that a facility has failed to comply with the standards established under section 4 in 2 or more inspections under paragraph
(1)during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or the rights of detainees— the Inspector General shall notify the Secretary of such determination; and the Secretary shall— in the case of a facility not owned by the Department— 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 or operator of the facility; and in the case of a facility owned by the Department— 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 available to the public on the internet website of the Department information relating to the remedial measures taken. Not later than 24 hours after the death of an alien in the custody of the Department, the Secretary shall notify the appropriate committees of Congress of such death. Not later than 30 days after the death of an alien in the custody of the Department, the Secretary shall conduct an investigation into such death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential system-wide errors that may reduce the probability of such an event in the future. Each root cause analysis required by subparagraph
(A)shall be carried out— by appropriately qualified personnel, including 1 or more medical professionals qualified in a field relevant to the death; and in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. Not later than 60 days after such a death, the Secretary shall— issue a full report describing the results of the investigation required by subparagraph (A); and make the report available to the public on the internet website of the Department. Not later than 90 days after the death of an alien in the custody of the Department, the Inspector General shall conduct a review of the report issued under subparagraph
(C)with respect to such death. The term death of an alien in the custody of the Department means the death of an alien occurring while the alien is under the supervision of the Department, regardless of— the location of the death; or whether the death may have resulted from a health problem that existed before or during, or was exacerbated by, the detention of the alien. Not less frequently than annually, the Secretary shall submit to the appropriate committees of Congress a report on the inspections and oversight of facilities at which aliens in the custody of the Department are detained. Each report required by paragraph
(1)shall include, for the preceding year— a list of each detention facility found by the Inspector General to be in noncompliance with the standards established under section 4; for each such facility, a description of the remedial actions taken, or planned to be taken, by the Secretary so as to achieve compliance with such standards; and a determination as to whether such remedial actions have succeeded in bringing the facility into compliance with such standards. The reports required by subsections (a)(2) and (b)(2)(C), and any contract between the Department and a private or public entity that provides for the use of a facility not owned by the Department to detain aliens in the custody of the Department, 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 shall ensure that a publicly accessible internet website of the Department contains the information described in paragraph
(2)for each facility at which aliens in the custody of the Department are detained. The information referred to in paragraph
(1)is, for each such facility, the following: The name and location of the facility. Whether the facility houses adults, children, or both. The number of beds available in the facility on the last day of the preceding month, disaggregated by gender. The total number of aliens detained in the facility on the last day of the preceding month, disaggregated by gender and classification as a child or as an adult. Whether the facility is used to detain aliens for longer than 72 hours. Whether the facility is used to detain aliens for longer than 7 days. The average number of aliens detained in the facility during the current year and during the preceding month, disaggregated by gender and classification as a child or as an adult. Whether the facility is in compliance with the standards established under section 4. In the case of a facility not owned by the Department, a description of the nature of the contract providing for the detention of aliens at the 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 shall ensure that the online detainee locator system maintained by the Department, or any successor system, is updated not later than 12 hours after an alien is— taken into, or released from, custody by the Department; transferred to, or detained in, a detention facility; or removed from the United States. The Secretary shall collect and maintain, for each alien in the custody of the Department, the following information: The gender and age of the alien. The date on which the alien was taken into such custody. The country of nationality of the alien. Whether the alien is considered a vulnerable person (as such term is defined in section 236(c)(5) of the Immigration and Nationality Act, as amended by section 9) or a primary caregiver. The provision of law pursuant to which the Secretary is authorized to detain the alien. The name of the facility in which the alien is detained. With respect to any transfer of the alien to another detention facility— a description of the transfer of the alien to the other detention facility; the reason for the transfer; and in the case of a transfer effectuated despite presence of the alien’s legal counsel or immediate relative in the jurisdiction of the original detention facility, a justification for such transfer. The status and basis of any removal proceedings of which the alien is the subject. The initial custody determination made by U.S. Immigration and Customs Enforcement, including any review of such determination. The date of the alien’s release or removal, and the reason for such release or removal, as applicable. 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 at the border or in the interior of the United States.