U.S.C. 1101 et seq.) are treated humanely and benefit 
from the protections set forth in this section. 
(c) OVERSIGHT REQUIREMENTS.— 
(1) ANNUAL INSPECTION.—All detention facili-
ties housing aliens in the custody of the Department 
of Homeland Security shall be inspected, for compli-
ance with applicable detention standards issued by 
the Secretary and other applicable regulations, by— 
(A) the Secretary of Homeland Security at 
least annually; and 
(B) an independent, third-party auditor at 
least biannually. 
(2) ROUTINE OVERSIGHT.—In addition to the 
inspections required under paragraph (1), the Sec-
retary shall conduct routine oversight of the deten-
tion facilities described in paragraph (1), including 
unannounced inspections. 
(3) AVAILABILITY OF RECORDS.—All detention 
facility contracts, memoranda of agreement, audits, 
inspections, evaluations and reviews, include those 
conducted by the Office for Civil Rights and Civil 
Liberties and the Office of Inspector General of the 
Department of Homeland Security, shall be consid-
ered records for purposes of section 552(f)(2) of title 
5, United States Code. 
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(4) CONSULTATION.—The Secretary shall seek 
input from nongovernmental organizations regarding 
their independent opinion of specific facilities. 
(d) COMPLIANCE MECHANISMS.— 
(1) AGREEMENTS.— 
(A) NEW AGREEMENTS.—Compliance with 
applicable standards of the Secretary of Home-
land Security and all applicable regulations, 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 date of the enactment 
of this Act, the Secretary shall secure a modi-
fication incorporating these terms for any exist-
ing contracts or agreements that will not be re-
negotiated, 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 
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modified within 1 year of the date of the enact-
ment of this Act 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-
randa of agreement, evaluations, and reviews 
regarding the facility on a regular basis. The 
Secretary shall make these materials publicly 
available on a timely and regular basis. 
(2) FINANCIAL PENALTIES.— 
(A) REQUIREMENT
TO
IMPOSE.—Subject 
to subparagraph (C), 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 immediately 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-
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rects the noted deficiencies and receives an ade-
quate score in not more than 90 days. 
(D) MULTIPLE OFFENDERS.—If the Sec-
retary determines that a facility has been per-
sistently and substantially violating the deten-
tion standards issued by the Secretary, includ-
ing by scoring less than adequate or the equiva-
lent median score in 2 consecutive inspections— 
(i) the Secretary shall terminate con-
tracts or agreements with such facilities 
within 60 days; or 
(ii) in the case of facilities operated by 
the Secretary, the Secretary shall close 
such facilities within 90 days. 
(e) REPORTING REQUIREMENTS.— 
(1) OBJECTIVES.—Not later than June 30 of 
each year, the Secretary of Homeland Security shall 
submit a report to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary 
of the House of Representatives that describes the 
inspection and oversight activities at detention facili-
ties. 
(2) CONTENTS.—Each report submitted under 
paragraph (1) shall include— 
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(A) a description of each detention facility 
found to be in noncompliance with applicable 
detention standards issued by the Department 
of Homeland Security and other applicable reg-
ulations; 
(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 
compliance with applicable detention standards 
and regulations. 
SEC. 10. TERMINATION OF FAMILY DETENTION. 
Section 236 of the Immigration and Nationality Act 
(8 U.S.C. 1226) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROHIBITION ON DETENTION OF FAMILIES.— 
‘‘(1) PROHIBITION.—Notwithstanding any other 
provision of this Act and except as provided in para-
graph (2), the Secretary of Homeland Security is 
prohibited from— 
‘‘(A) detaining a family unit under the au-
thority of this section; or 
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