Sec. 5. Oversight and transparency
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On a periodic basis, not less frequently than annually, the Inspector General shall conduct an unannounced, in-person inspection of each facility at which aliens in the custody of the Department are being detained to ensure that each such facility is in compliance with the standards established pursuant to section 4. Not later than 60 days after conducting each inspection pursuant to paragraph (1), the Inspector General shall— submit a report to the Secretary containing the results of such inspection; and post such report to the public on an internet website of the Department.
If the Inspector General determines that a facility has failed to comply with the standards established pursuant to section 4 for the first time during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of any detainees housed at such facility— the Inspector General shall notify the Secretary of such determination; and the Secretary— in the case of a facility not owned by the Department, shall 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— shall 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 such warning; and not later than 60 days after the issuance of the warning described in subitem (AA), shall 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 pursuant to 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 pursuant to section 4. If the Inspector General determines that a facility has failed to comply with the standards established pursuant to section 4 in 2 or more inspections conducted pursuant to paragraph
(1)during any 2-year period, and such noncompliance constitutes a deficiency that threatens the health, safety, or rights of any detainees housed at such facility— the Inspector General shall notify the Secretary of such determination; and the Secretary— in the case of a facility not owned by the Department— not later than 30 days after receiving such notification, shall transfer each detainee housed at such facility to a facility that does comply with such standards; shall terminate the contract with the owner or operator of the facility; and shall ensure that no funds made available to the Department are used to continue such contract; and in the case of a facility owned by the Department— not later than 60 days after receiving such notification, shall transfer each detainee housed at such facility to a facility that does comply with such standards; and shall suspend the use of such facility until after the Inspector General— has certified to the Secretary that such facility is in compliance with such standards; and makes available to the public on an internet website of the Department information relating to the remedial measures that have been taken at such facility. 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 systemwide errors that may reduce the probability of such an event in the future. Each root cause analysis required under subparagraph
(A)shall be carried out— by appropriately qualified personnel, including 1 or more medical professionals qualified in a field relevant to the cause of death; and in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy adopted by The Joint Commission in 1996. Not later than 60 days after a death described in paragraph (1), the Secretary shall— issue a full report describing the results of the investigation required under subparagraph (A); and make such report available to the public on an 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 pursuant to 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 the detention of the alien; or was exacerbated by such detention. Not less frequently than annually, the Secretary shall submit a report to the appropriate committees of Congress regarding the inspections and oversight of facilities at which aliens in the custody of the Department are being detained. Each report required under paragraph
(1)shall include, with respect to the preceding 12-month period— a list of the detention facilities found by the Inspector General to be noncompliant with the standards established pursuant to section 4; for each such facility, a description of the remedial actions taken, or planned to be taken, by the Secretary to achieve compliance with such standards; and a determination as to whether such remedial actions have brought such facility into compliance with such standards. The reports required under 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 subject to public disclosure under 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 website of the Department contains the information described in paragraph
(2)for each facility at which aliens in the custody of the Department are being detained. The information described in this paragraph is, for each such facility— 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 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 an adult; whether the facility is in compliance with the standards established pursuant to section 4; if the facility is not owned by the Department, a description of the nature of the contract providing for the detention of aliens at such facility; and the average, median, 25th quartile, and 50th quartile number of days that aliens have been detained at the facility during the preceding month. The Secretary shall ensure 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 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(a) of this Act); 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; if the alien was transferred to another detention facility— a description of the transfer of the alien to the other detention facility; the reason for the transfer; and if the transfer was effectuated despite the presence of the alien's legal counsel or immediate relative in the jurisdiction of the original detention facility, the justification for such transfer; the status and basis of any removal proceedings to 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; and whether the alien was separated from a family unit at the border or in the interior of the United States.