Act of 1934, as added by subsection (a) of this sec-
tion. 
(d) AUTHORITY.—Section 2(b) of the Communica-
tions Act of 1934 (47 U.S.C. 152(b)) is amended by in-
serting ‘‘section 276,’’ after ‘‘227, inclusive,’’. 
SEC. 7. OVERSIGHT OF DETENTION FACILITIES. 
(a) DEFINITIONS.—In this section: 
(1) APPLICABLE STANDARDS.—The term ‘‘ap-
plicable standards’’ means the most recent version of 
detention standards and detention-related policies 
issued by the Secretary of Homeland Security or the 
Director of U.S. Immigration and Customs Enforce-
ment. 
(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 Department of Homeland Se-
curity. 
(b) DETENTION REQUIREMENTS.—The Secretary of 
Homeland Security shall ensure that all persons detained 
pursuant to the Immigration and Nationality Act (8 
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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 noncitizens in the custody of the De-
partment of Homeland Security shall be inspected, 
for compliance with applicable detention standards 
issued by the Secretary and other applicable regula-
tions, by— 
(A) the Immigration Detention Ombuds-
man at least biannually; 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-
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ered records for purposes of section 552(f)(2) of title 
5, United States Code. 
(4) CONSULTATION.—The Secretary shall seek 
input from nongovernmental organizations regarding 
their independent opinion of specific facilities. 
(5) REPORT OF IMMIGRATION DETENTION OM-
BUDSMAN.—The Immigration Detention Ombuds-
man shall submit a report to Congress on a bi-an-
nual basis on its activities, findings, and rec-
ommendations, based on the inspections conducted 
under paragraph (1), including a copy of any com-
plaint form or mechanism created, the number and 
types of complaints received, the number of com-
plaints investigated, and the number of inspections 
under paragraph (1) that the Ombudsman con-
ducted during the previous 6-month period, includ-
ing any unannounced inspections. 
(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-
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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 
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.— 
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(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-
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 
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