forcement or the Commissioner of U.S. Customs and 
Border Protection are treated humanely and to en-
sure compliance with the minimum requirements set 
forth in subsection (b). 
(2) REPRESENTATION OF NEGOTIATED RULE-
MAKING
COMMITTEE.—Any negotiated rulemaking 
committee established by the Secretary pursuant to 
paragraph (1) shall include representatives and ex-
perts from— 
(A) relevant agencies of the Department; 
(B) the Office of Refugee Resettlement at 
the Department of Health and Human Services; 
(C) representatives of State and local gov-
ernments; 
(D) the United States Commission on 
International Religious Freedom; 
(E) nongovernmental organizations with 
expertise working on behalf of aliens in deten-
tion facilities, including organizations that em-
phasize protections for vulnerable populations; 
(F) nongovernmental organizations with 
expertise advocating for asylum seekers; 
(G) labor organizations that represent em-
ployees who work at detention facilities; 
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(H) accrediting bodies for medical care in 
settings comparable to detention facilities, such 
as the National Commission on Correctional 
Health Care, or other experts in the field of 
providing quality medical care in such settings; 
and 
(I) a person appointed by— 
(i) the majority leader of the House of 
Representatives; 
(ii) the minority leader of the House 
of Representatives; 
(iii) the majority leader of the Senate; 
and 
(iv) the minority leader of the Senate. 
(3) TIME REQUIREMENT.—The procedures for 
the negotiated rulemaking referred to in paragraph 
(1) shall be conducted in a timely manner to ensure 
that— 
(A) any recommendations with respect to 
proposed regulations are provided to the Sec-
retary not later than 1 year after the date of 
enactment of this Act; and 
(B) a final rule is promulgated not later 
than 1 year and 6 months after the date of en-
actment of this Act. 
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SEC. 3. ALTERNATIVES TO DETENTION. 
(a) IN GENERAL.—The Secretary shall establish na-
tionwide alternatives to detention programs that incor-
porate case management services in each field office of the 
Department to ensure appearances at immigration pro-
ceedings and public safety. 
(b) CONTRACT AUTHORITY.—The Secretary may 
contract with nongovernmental community-based organi-
zations to conduct screening of detainees and operate com-
munity-based supervision programs. The Secretary shall 
regularly assess the demand for alternative to detention 
programs and make available sufficient alternative to de-
tention slots regardless of proximity to available detention 
beds. Alternative programs shall offer a continuum of su-
pervision mechanisms and options, including community 
support, depending on an assessment of each individual’s 
circumstances. The Secretary may contract with non-
governmental organizations to implement secure alter-
natives that maintain custody over the alien. 
(1) Information regarding the amount of slots 
available in each area shall be made public. 
(c) INDIVIDUALIZED DETERMINATIONS.—In deter-
mining whether to use alternatives to detention programs, 
the Secretary shall make an individualized determination, 
and for each individual placed in an alternatives to deten-
tion programs, shall review the level of supervision on a 
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monthly basis. Alternatives to detention programs shall 
not be used when release on bond or recognizance is deter-
mined to be a sufficient measure to ensure appearances 
at immigration proceedings and public safety. 
(d) CUSTODY.—The Secretary may use alternatives 
to detention programs to maintain custody over any alien 
detained under the Immigration and Nationality Act, ex-
cept for aliens detained under section 236A of such Act 
(8 U.S.C. 1226a). If an individual is not eligible for re-
lease from custody or detention, the Secretary shall con-
sider the alien for placement in alternative programs that 
maintain custody over the alien, including the use of elec-
tronic ankle devices. 
(e) VULNERABLE POPULATIONS (ACCESS TO ALTER-
NATIVES).—In determining whether to place a detainee in 
an alternatives to detention program, the Secretary shall 
consider whether the detainee is a member of a vulnerable 
population (as identified in section 2(b)(10)). Notwith-
standing section 236 of the Immigration and Nationality 
Act, a member of a vulnerable population whose needs 
cannot be adequately met by a detention facility may not 
be held in a detention facility except in the case of what 
the Secretary determines to be exceptional circumstances. 
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SEC. 4. DETENTION CAPACITY. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the number of detention beds maintained shall 
be determined by the Secretary of Homeland Security and 
shall be based solely on detention needs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that appropriations Acts shall not mandate mainte-
nance of a minimum number of detention beds. 
SEC. 5. 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 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 or the Com-
missioner of U.S. Customs and Border Protection, 
including facilities that hold such individuals under 
a contract or agreement with the Director. 
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(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-
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-
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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.— 
(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-
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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-
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. 
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(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 
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. 
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(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 
compliance with applicable detention standards 
and regulations. 
Æ 
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