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 
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 
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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-
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— 
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(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— 
(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-
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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. 8. REPLACEMENT OF FAMILY DETENTION WITH AL-
TERNATIVES. 
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, the Secretary of Homeland Se-
curity is prohibited from— 
‘‘(A) detaining a family unit under the au-
thority of this section; or 
‘‘(B) separating a family unit whose mem-
bers were apprehended together in order to de-
tain a family member under this section. 
‘‘(2) ALTERNATIVES TO DETENTION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish community- 
based and community-supported case manage-
ment programs operated by nonprofit organiza-
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tions for family units who are prohibited from 
being detained pursuant to paragraph (1), 
which programs shall impose the least onerous 
obligations possible on participants. 
‘‘(B) PROHIBITION
ON
CERTAIN
ALTER-
NATIVES.—The Secretary may not use an 
ankle-worn or other GPS tracking device as an 
alternative to detention under this paragraph.’’. 
SEC. 9. PRIVATE RIGHT OF ACTION. 
(a) IN GENERAL.—A person aggrieved of any viola-
tion of this Act or an amendment made by this Act may 
bring a civil action in an appropriate district court of the 
United States. 
(b) RELIEF.—For a prevailing plaintiff in a civil ac-
tion brought under subsection (a), the court— 
(1) shall award damages in the amount equal to 
the greater of— 
(A) the actual damages of the plaintiff; or 
(B) $1,000 for each violation of this Act or 
an amendment made by this Act; 
(2) may order injunctive relief; and 
(3) shall award reasonable attorney fees. 
Æ 
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