issued by the Secretary or the Director of U.S. Im-
migration and Customs Enforcement, or the Com-
missioner of U.S. Customs and Border Protection in 
compliance with section 2. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means a Federal, State, or local gov-
ernment facility, or a privately owned and operated 
facility, that is used, in whole or in part, to hold in-
dividuals under the authority of the Director of U.S. 
Immigration and Customs Enforcement, including 
facilities that hold such individuals under a contract 
or agreement with the Director. 
(b) OVERSIGHT REQUIREMENTS.— 
(1) ANNUAL INSPECTION.—All detention facili-
ties shall be inspected by the Secretary on an annual 
basis and an independent (third party) auditor, on 
a biannual basis, for compliance with applicable de-
tention standards issued by the Secretary and other 
applicable regulations in compliance with section 2. 
(2) ROUTINE OVERSIGHT.—In addition to an-
nual inspections, the Secretary shall conduct routine 
oversight of detention facilities, including unan-
nounced inspections. 
(3) AVAILABILITY OF RECORDS.—All detention 
facility contracts, memoranda of agreement, finan-
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cial records, evaluations, audits, and reviews shall be 
considered records for purposes of section 552(f)(2) 
of title 5, United States Code. 
(4) CONSULTATION.—The Secretary shall seek 
input on an annual basis from nongovernmental or-
ganizations regarding their independent opinion of 
specific facilities. The Secretary shall provide a re-
port 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 Home-
land Security of the House of Representatives, and 
the Committee on Homeland Security and Govern-
mental Affairs of the Senate. 
(5) ACCESS.—Facilities shall permit representa-
tives of the news media and nongovernmental orga-
nizations to have access to nonclassified and non- 
confidential information about their operation; given 
appropriate notice, to tour facilities; and with per-
mission from the detainees, to interview individual 
detainees. 
(c) COMPLIANCE MECHANISMS.— 
(1) AGREEMENTS.— 
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(A) NEW AGREEMENTS.—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 re-
negotiation, modification, or renewal of an ex-
isting contract or agreement, including fee ne-
gotiations, executed with detention facilities. 
(B) EXISTING
AGREEMENTS.—Not later 
than 180 days after the promulgation of the 
rule, the Secretary shall secure a modification 
incorporating these terms for any existing con-
tracts or agreements that will not be renegoti-
ated, renewed, or otherwise modified. 
(C) CANCELLATION
OF
AGREEMENTS.— 
Unless the Secretary provides a reasonable ex-
tension to a specific detention facility that is 
negotiating in good faith, contracts or agree-
ments with detention facilities that are not 
modified within 180 days of the promulgation 
of the rule, will be cancelled. 
(D) PROVISION
OF
INFORMATION.—In 
making modifications under this paragraph, the 
Secretary shall require that detention facilities 
provide to the Secretary all contracts, memo-
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randa of agreement, evaluations, and reviews 
regarding the facility not later than 180 days 
after any modification. The Secretary shall 
make these materials publicly available. 
(2) FINANCIAL PENALTIES.— 
(A) REQUIREMENT
TO
IMPOSE.—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 ap-
plicable regulations. 
(B) TIMING
OF
IMPOSITION.—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. 
(C) WAIVER.—The requirements of sub-
paragraph (A) may be waived if the facility cor-
rects the noted deficiencies and receives an ade-
quate score in not more than 90 days. 
(D) MULTIPLE OFFENDERS.—In cases of 
persistent and substantial noncompliance, in-
cluding scoring less than adequate or the equiv-
alent median score in 2 consecutive inspections, 
the Secretary shall terminate contracts or 
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agreements for the operation and use of such 
facilities within 60 days, or in the case of facili-
ties operated by the Secretary, such facilities 
shall be closed within 90 days. 
(d) REPORTING REQUIREMENTS.— 
(1) OBJECTIVES.—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. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
(A) a description of each detention facility 
found to be in noncompliance with applicable 
detention standards issued by the Department 
and other applicable regulations; 
(B) a description of the actions taken by 
the Department to remedy any findings of non- 
compliance or other identified problems, includ-
ing financial penalties, contract or agreement 
termination, or facility closure; and 
(C) information regarding whether the ac-
tions described in subparagraph (B) resulted in 
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compliance with applicable detention standards 
and regulations. 
Æ 
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