[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4620 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4620

  To ensure the humane treatment of persons detained pursuant to the 
                    Immigration and Nationality Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2014

  Mr. Smith of Washington (for himself, Ms. DelBene, Mr. Deutch, Mr. 
Foster, Mr. Larsen of Washington, Mr. Polis, Mr. Quigley, and Mr. Vela) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Homeland Security, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To ensure the humane treatment of persons detained pursuant to the 
                    Immigration and Nationality Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability in Immigration 
Detention Act of 2014''.

SEC. 2. MINIMUM DETENTION CENTER STANDARDS.

    (a) Definitions.--In this section:
            (1) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals under the authority of the 
        Director of U.S. Immigration and Customs Enforcement or the 
        Commissioner of U.S. Customs and Border Protection, including 
        facilities that hold such individuals under a contract or 
        agreement with the Director or the Commissioner.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (3) Detainees.--The term ``detainee'' means an individual 
        who is subject to detention under the Immigration and 
        Nationality Act.
    (b) Detention Requirements.--The Secretary shall ensure that all 
persons detained pursuant to the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) are treated humanely and shall ensure that all 
detention facilities comply with the following minimum requirements:
            (1) Fair and humane treatment.--Detainees shall not be 
        subject to degrading or inhumane treatment, such as physical 
        abuse, sexual abuse or harassment, psychological abuse, 
        retaliatory actions, arbitrary punishment, or discrimination 
        based on nationality, sexual orientation, race, gender 
        identity, or religion.
            (2) Detention facility standards.--Detention facilities 
        shall comply fully with the national standards for the 
        detection, prevention, reduction, and punishment of prison rape 
        pursuant to section 8 of the Prison Rape Elimination Act of 
        2003 (42 U.S.C. 15607).
            (3) Limitations on solitary confinement.--Detainees shall 
        not be subject to solitary confinement, shackling, or strip 
        searches, except to the extent that such techniques are 
        necessary to ensure the security of other detainees, staff, or 
        the public and only if less coercive measures will not ensure 
        the security of other detainees, staff, and the public. 
        Decisions to place detainees in solitary confinement shall be 
        reported to the Field Officer Director at a minimum for any 
        placement lasting at least 3 days continuously or 3 days out of 
        a 7 day period, and reviewed on a weekly basis thereafter.
            (4) Investigation of grievances.--Detainees shall have the 
        right to prompt, effective, and impartial investigations of 
        grievances related to conditions of detention. No detainee 
        shall be retaliated against for filing a complaint or grievance 
        or for organizing peaceful demonstrations.
            (5) Access to telephones.--Detainees shall have sufficient 
        access to telephones, and the ability to contact, free of 
        charge, legal representatives, foreign consulates, the 
        immigration courts, the Board of Immigration Appeals, Family 
        Courts, local criminal courts, the UN Refugee Agency, and the 
        Federal courts. The rates charged for telephone calls shall be 
        reasonable and shall not significantly impair detainees' access 
        to telephones.
            (6) Location of facilities.--All detention facilities whose 
        date of first use by the Department of Homeland Security occurs 
        after the date of the enactment of this Act shall be located 
        and within 50 miles of a community in which there is a 
        demonstrated capacity to provide free or low-cost legal 
        representation by--
                    (A) nonprofit legal aid organizations; or
                    (B) pro bono attorneys with expertise in asylum or 
                immigration law.
            (7) Procedures governing transfer of detainess.--Procedures 
        governing the transfer of a detainee shall take into account--
                    (A) the detainee's access to legal representatives;
                    (B) the proximity of the facility to the venue of 
                the asylum or removal proceeding;
                    (C) the detainee's proximity to scheduled bond 
                hearings; and
                    (D) the detainee's proximity to family members.
        Prior to transfer, the Secretary shall give advance notice to 
        the detainee, the attorney of the detainee, and the family of 
        the detainee.
            (8) Interpretation and translation capabilities.--Detention 
        facilities shall employ staff, including medical personnel, 
        who, to the extent practicable, are qualified in the languages 
        represented in the population of detainees at a detention 
        facility, and alternative interpreter and translation services 
        shall be made available. Detention facilities shall not rely on 
        detainees to translate or interpret for one another.
            (9) Recreational programs and activities.--All detainees, 
        including detainees in administrative or disciplinary 
        segregation, shall be afforded daily access to indoor and 
        outdoor recreational programs and activities. All detainees 
        shall have access to religious services and reading materials 
        necessary to their religious practice.
            (10) Vulnerable populations.--Procedures and conditions of 
        detention shall accommodate the unique needs of asylum seekers, 
        victims of torture and trafficking, families with children, 
        detainees with special religious, cultural, or spiritual 
        considerations, pregnant women, nursing mothers, individuals 
        older than 65 years of age, and other vulnerable populations.
            (11) Quality of medical care.--
                    (A) Right to medical care.--The Secretary shall 
                ensure that prompt and adequate emergency, primary, 
                specialty, and hospital medical care is provided at no 
                cost to detainees, including dental care, eye care, 
                mental health care, individual and group counseling, 
                and services with respect to medical dietary needs.
                    (B) Procedures.--The Secretary shall ensure that 
                procedures for providing medical care to detainees 
                include comprehensive intake screening, effective 
                continuity of care, prompt responses to requests for 
                medical care or treatment, and accurate and timely 
                distribution of prescribed medication.
                    (C) Medical facilities.--The Secretary shall ensure 
                that medical facilities in all detention facilities 
                maintain current accreditation by the National 
                Commission on Correctional Health Care.
                    (D) Medical records.--The Secretary shall ensure 
                that complete medical records are maintained for every 
                detainee and that the records are made available upon 
                request to the detainee, the detainee's legal 
                representative, or other authorized individuals.
            (12) Voluntary work.--Detainees may have opportunities to 
        work and earn money while in detention, subject to the number 
        of work opportunities available. Detainees shall be able to 
        volunteer for work assignments but otherwise shall not be 
        required to work, subject to the following:
                    (A) Available work opportunities shall be provided 
                in order to reduce idleness and improve morale, but 
                shall not be provided for the economic benefit of the 
                detention center. Detainees shall not be the main 
                source of labor for the essential functions required to 
                operate detention facilities.
                    (B) All work opportunities shall comply with 
                Occupational Safety and Health Administration 
                protections.
                    (C) The Rate of Pay for voluntary work shall be 
                reviewed by the Secretary on an annual basis.
                    (D) The Secretary shall provide and make publically 
                available a report on the rate of pay, job 
                descriptions, and full time equivalents for employed 
                detainees compared to full time staff in each detention 
                facility to the Committee on the Judiciary of the 
                House, the Committee on the Judiciary of the Senate, 
                Committee on Homeland Security of the House, and 
                Committee on Homeland Security & Governmental Affairs 
                of the Senate.
            (13) Legal orientation programs.--The Attorney General, in 
        consultation with the Secretary, shall ensure that all detained 
        aliens in immigration and asylum proceedings receive legal 
        orientation through the Legal Orientation Program administered 
        and implemented by the Executive Office for Immigration Review 
        of the Department of Justice.
            (14) Legal access.--All detainees shall have access to a 
        properly equipped law library, legal materials and equipment to 
        facilitate the preparation of documents. All detainees shall 
        have meaningful access to law libraries, legal materials, and 
        equipment. Special consideration shall be given to detainees 
        facing deadlines or time constraints.
    (c) Rulemaking.--
            (1) In general.--The Secretary shall prescribe regulations, 
        using the procedures for negotiated rulemakings under 
        subchapter III of chapter 5 of title 5, United States Code, to 
        establish standards to ensure detainees held under the 
        authority of the Director of U.S. Immigration and Customs 
        Enforcement or the Commissioner of U.S. Customs and Border 
        Protection are treated humanely and to ensure compliance with 
        the minimum requirements set forth in subsection (b).
            (2) Representation of negotiated rulemaking committee.--Any 
        negotiated rulemaking committee established by the Secretary 
        pursuant to paragraph (1) shall include representatives and 
        experts 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 governments;
                    (D) the United States Commission on International 
                Religious Freedom;
                    (E) nongovernmental organizations with expertise 
                working on behalf of aliens in detention facilities, 
                including organizations that emphasize protections for 
                vulnerable populations;
                    (F) nongovernmental organizations with expertise 
                advocating for asylum seekers;
                    (G) labor organizations that represent employees 
                who work at detention facilities;
                    (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 Secretary 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 enactment of this 
                Act.

SEC. 3. ALTERNATIVES TO DETENTION.

    (a) In General.--The Secretary shall establish nationwide 
alternatives to detention programs that incorporate case management 
services in each field office of the Department to ensure appearances 
at immigration proceedings and public safety.
    (b) Contract Authority.--The Secretary may contract with 
nongovernmental community-based organizations to conduct screening of 
detainees and operate community-based supervision programs. The 
Secretary shall regularly assess the demand for alternative to 
detention programs and make available sufficient alternative to 
detention slots regardless of proximity to available detention beds. 
Alternative programs shall offer a continuum of supervision mechanisms 
and options, including community support, depending on an assessment of 
each individual's circumstances. The Secretary may contract with 
nongovernmental organizations to implement secure alternatives 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 determining whether to use 
alternatives to detention programs, the Secretary shall make an 
individualized determination, and for each individual placed in an 
alternatives to detention program, shall review the level of 
supervision on a monthly basis. Alternatives to detention programs 
shall not be used when release on bond or recognizance is determined 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, except for aliens detained under 
section 236A of such Act (8 U.S.C. 1226a). If an individual is not 
eligible for release from custody or detention, the Secretary shall 
consider the alien for placement in alternative programs that maintain 
custody over the alien, including the use of electronic ankle devices.
    (e) Vulnerable Populations (Access to Alternatives).--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)). 
Notwithstanding 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.

SEC. 4. DETENTION CAPACITY.

    (a) In General.--Notwithstanding any other provision 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 Congress that 
appropriations Acts shall not mandate maintenance of a minimum number 
of detention beds.

SEC. 5. OVERSIGHT OF DETENTION FACILITIES.

    (a) Definitions.--In this section:
            (1) Applicable standards.--The term ``applicable 
        standards'' means the most recent version of detention 
        standards and detention-related policies issued by the 
        Secretary or the Director of U.S. Immigration and Customs 
        Enforcement, or the Commissioner of U.S. Customs and Border 
        Protection in compliance with section 2.
            (2) Detention facility.--The term ``detention facility'' 
        means a Federal, State, or local government facility, or a 
        privately owned and operated facility, that is used, in whole 
        or in part, to hold individuals 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 facilities shall be 
        inspected by the Secretary on an annual basis and an 
        independent (third party) auditor, on a biannual basis, for 
        compliance with applicable detention standards issued by the 
        Secretary and other applicable regulations in compliance with 
        section 2.
            (2) Routine oversight.--In addition to annual inspections, 
        the Secretary shall conduct routine oversight of detention 
        facilities, including unannounced inspections.
            (3) Availability of records.--All detention facility 
        contracts, memoranda of agreement, financial 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 organizations regarding their 
        independent opinion of specific facilities. The Secretary shall 
        provide a report 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 Homeland Security of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
            (5) Access.--Facilities shall permit representatives of the 
        news media and nongovernmental organizations to have access to 
        nonclassified and non-confidential information about their 
        operation; given appropriate notice, to tour facilities; and 
        with permission 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 renegotiation, modification, or 
                renewal of an existing contract or agreement, including 
                fee negotiations, 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 contracts or agreements that will not be 
                renegotiated, renewed, or otherwise modified.
                    (C) Cancellation of agreements.--Unless the 
                Secretary provides a reasonable extension to a specific 
                detention facility that is negotiating in good faith, 
                contracts or agreements 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, memoranda 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 applicable 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 subparagraph (A) 
                may be waived if the facility corrects the noted 
                deficiencies and receives an adequate score in not more 
                than 90 days.
                    (D) Multiple offenders.--In cases of persistent and 
                substantial noncompliance, including scoring less than 
                adequate or the equivalent 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 
                facilities 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, including financial 
                penalties, contract or agreement termination, or 
                facility closure; and
                    (C) information regarding whether the actions 
                described in subparagraph (B) resulted in compliance 
                with applicable detention standards and regulations.
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