,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #bdhi  ,,in ,,the ,,house ,,of  
,,representatives  ,may #b1 #bjai,mr4   
,cummings 7for himself and ,mr4 ,raskin7
 introduced the following bill2 which   
was referred to the ,committee on the   
,judiciary  ,a ,,bill  ,to impose       
requirements on the grant of a waiver   
with respect to an immigration detention
 facility1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,waiver ,accountability and         
,transparency ,act4  #b4 ,requirements  
on waivers applicable to immigration    
detention facilities  7a7 ,definition   
,in this section1 the term immigration  
detention facility means a place of     
detention for aliens detained pending   
removal1 or a decision on removal1 under
 the immigration laws 7as defined in    
section #aja7;a77#ag7 of the            
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a77#ag777 that is owned
 or operated by a private entity or a   
,federal1 ,state1 ,tribal1 or local     

government1 whether or not such facility
 also is a place of detention for other 
detainees4  7b7 ,requirements ,the      
following requirements shall apply to a 
grant of a waiver of a detention        
standard applicable to the detention    
facility3  7#a7 ,the waiver request1    
justification for the waiver request1   
the assessment1 final decision1 whether 
the waiver was granted or denied1 and   
rationale for the decision by ,u4,s4    
,immigration and ,customs ,enforcement1 
shall be posted on the website of the   
,department of ,homeland ,security for  
the public to view within #c business   
days of being submitted to ,u4,s4       
,immigration and ,customs ,enforcement  
or to an immigration detention facility 
by ,u4,s4 ,immigration and ,customs     
,enforcement4  7#b7 ,the waiver request 
shall be graded from #a to #c based on  
the level of seriousness 7#c being the  
most serious7 by the ,director 7or      
acting ,director7 of ,u4,s4 ,immigration
 and ,customs ,enforcement4 ,level #c   

shall include issues impacting due      
process1 medical care1 safety1 security1
 and rights4  7#c7 ,if the waiver is    
graded to be a #c and is granted1 the   
,director 7or acting ,director7 of      
,u4,s4 ,immigration and ,customs        
,enforcement shall sign off on a        
corrective action plan4 ,all parties to 
the contract or agreement must also sign
 off on the corrective action plan4 ,the
 corrective action plan shall include a 
timeline and a corrective action plan   
with the goal of eliminating the waiver 
and being compliant with existing       
standards4  7#d7 ,the waiver may be     
approved by the ,director 7or acting    
,director7 of ,u4,s4 ,immigration and   
,customs ,enforcement for a specified   
period of time not to exceed #ij days4  
7#e7 ,the ,director 7or acting          
,director7 shall notify the ,congress   
of1 and post online1 any approved       
request within #c business days4  7#f7  
,the waiver may be reapproved every #ij 
days4 ,any approval must be posted      

online and submitted to ,congress within
 #c business days4  7#g7 ,after #a year1
 any reapproval shall be approved by the
 ,secretary1 the ,chief ,financial      
,officer of ,u4,s4 ,immigration and     
,customs ,enforcement1 and the ,director
 7or acting ,director7 of ,u4,s4        
,immigration and ,customs ,enforcement1 
who shall publish jointly justification 
for the approval4  7c7 ,quality         
assurance surveillance plan ,the        
,director of ,u4,s4 ,immigration and    
,customs ,enforcement shall include a   
quality assurance surveillance plan in  
all new immigration detention facility  
contracts and agreements4 ,the ,director
 shall submit a report to the ,congress 
not later than #abj days after the date 
of the enactment of this ,act on plans  
to include quality assurance            
surveillance plans in existing contacts 
and agreements4  7d7 ,reports on        
financial penalties  7#a7 ,penalties    
imposed ,not later than #cj days after  
the date of the enactment of this ,act1 

and every #cj days thereafter1 the      
,director of ,u4,s4 ,immigration and    
,customs ,enforcement shall report to   
,congress and publicly post online any  
financial penalties imposed on an       
immigration detention facility1         
including temporary withholding of      
payment under a contract4  7#b7         
,penalties not imposed ,not later than  
#b years after the date of the enactment
 of this ,act1 and every #b years       
thereafter1 the ,secretary of ,homeland 
,security shall report to ,congress and 
publicly post online a report analyzing 
a sample of cases with respect to which 
the ,secretary identified a failure to  
meet a detention standard applicable to 
the detention facility1 but declined to 
impose a penalty4  7e7 ,,gao study ,not 
later than #b years after the date of   
the enactment of this ,act1 and every #b
 years thereafter1 the ,comptroller     
,general of the ,united ,states shall   
conduct a study on the waiver process   
under subsection 7b7 and ability of the 

,secretary of ,homeland ,security to    
hold contractors accountable through    
contracting1 including financial        
penalties and quality assurance         
surveillance plans4