,,ii #aafth ,,congress #ast ,session ,s4 #bbba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjai,ms4 ,harris introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to prohibit the expansion of immigration detention facilities1 to improve the oversight of such facilities1 and for other purposes4 #a4 ,short titles ,this ,act may be cited as the ,detention ,oversight1 ,not ,expansion ,act or the ,,done ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,despite a significant decrease in border apprehensions1 the ,federal immigrant detention system expanded dramatically between #aiid and #bjai1 with the average daily population of detained noncitizens increasing from fewer than #g1jjj during fiscal year #aiid to approximately #dh1jjj during fiscal year #bjai4 ,this population consists of increasing numbers of children and women1 including pregnant women and asylum seekers4 7#b7 ,u4,s4 ,immigration and ,customs ,enforcement 7referred to in this section as ,,ice7 inspections of detention facilities are performed by field offices1 facility staff1 or divisions within ,,ice headquarters and are not conducted by qualified independent third parties4 ,since the inspectors are not independent1 they often misrepresent conditions inside the facilities and rarely impose consequences for violations4 ,for example1 an outside review of #h facilities concluded that although ,,ice identified violations of medical standards as contributing factors to deaths in detention1 routine ,,ice detention facility inspections before and even after the deaths failed to acknowledge 7and even dismissed7 those violations4 7#c7 ,multiple ,federal oversight bodies1 including the ,department of ,homeland ,security's ,office of ,inspector ,general1 ,,ice's ,advisory ,committee on ,family ,residential ,centers1 and the ,government ,accountability ,office1 have documented poor conditions and inhumane detainee treatment1 including medical negligence1 in immigration detention facilities4 ,state oversight bodies1 including the ,office of the ,attorney ,general of ,california1 have also noted abuses at detention centers within their borders4 7#d7 ,since #bjjc1 more than #agj deaths have been reported in immigration detention facilities1 a significant number of which resulted from egregious violations of ,,ice medical care standards1 which were often overlooked during ,,ice inspections of facilities4 ,since the inauguration of ,president ,trump1 more than #bd people have died in ,,ice custody4 7#e7 ,the ,department of ,homeland ,security ,office for ,civil ,rights and ,civil ,liberties and the ,office of ,inspector ,general have received formal complaints and numerous allegations of inadequate medical care for pregnant women who are in custody in such facilities4 7#f7 ,responses by the ,department of ,homeland ,security to ,freedom of ,information ,act requests suggest that fewer than #c percent of the claims of sexual and physical abuse of detainees in such facilities have been investigated by the ,office of ,inspector ,general4 7#g7 ,multiple ,federal oversight bodies1 including the ,homeland ,security ,advisory ,council1 have documented limited oversight and management accountability of immigration detention facilities1 including a lack of reasonable inspections and deficient contracting practices4 7#h7 ,some immigration detention facilities have unreasonably restricted visitation and access by attorneys and community groups in violation of applicable requirements1 raising serious due process concerns4 7#i7 ,the ,department of ,homeland ,security seeks to vastly expand the immigration detention system despite the availability of a wide array of community-based alternatives to detention that provide cheaper1 more compassionate1 rights-respecting responses to migration4 7#aj7 ,although the ,family ,case ,management ,program operated at a fraction of the cost of detention and resulted in nearly a #ajj percent compliance rate among participants1 the ,department of ,homeland ,security terminated the program without providing any justification4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,senate2 7,d7 the ,committee on ,appropriations of the ,house of ,representatives2 7,e7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,f7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,expansion ,the term expansion-- 7,a7 means the acquisition of any new contract1 contract addendum1 modification1 or rider that would increase current immigration detention bed usage or activate existing unused immigration detention bed capacity for existing or new contracts at any immigration detention facility1 including-- 7i7 ,bureau of ,prison facilities2 7ii7 contract detention facilities2 7iii7 intergovernmental service agreements2 7iv7 service processing centers2 7v7 ,united ,states ,marshals ,service intergovernmental agreements on which ,u4,s4 ,immigration and ,customs ,enforcement is an authorized user2 and 7vi7 juvenile or family detention facilities2 and 7,b7 does not include improvements or renovations unrelated to the increase of current immigration bed usage or activation of unused immigration bed capacity4 7#c7 ,immigration detention facility ,the term immigration detention facility means any site at which ,u4,s4 ,immigration and ,customs ,enforcement holds noncitizens in custody for any period4 #d4 ,moratorium on expansion of immigration detention facilities 7a7 ,in general ,the ,secretary of ,homeland ,security may not use any ,federal funds for the construction or expansion of immigration detention facilities4 7b7 ,reporting ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report to the appropriate congressional committees that contains a detailed plan on-- 7#a7 how the number of immigration detention beds will be decreased to #ej percent of the number available during fiscal year #bjah2 and 7#b7 how to implement community-based alternatives to detention1 as a substitute for detention in a facility1 which is developed in consultation with stakeholders1 including nonprofit legal service providers1 nonprofit shelter providers1 and detention visitation programs4 7c7 ,notification 7#a7 ,in general ,if the ,secretary of ,homeland ,security determines that more immigration detention space will be needed1 the ,secretary1 not later than #fj days before such anticipated need1 shall submit a written justification of such need to the chair and ranking member of the appropriate congressional committees4 7#b7 ,savings provision ,nothing in this subsection may be construed to authorize the use of ,federal funds to expand immigration detention facilities without explicit statutory authorization after the date of the enactment of this ,act4 7d7 ,ending a contract ,if a facility is deemed less than adequate in the #b most recent inspections1 audits1 or investigations conducted by the ,office of ,inspector ,general of the ,department of ,homeland ,security pursuant to section #e7;a77#a71 the ,department of ,homeland ,security may not continue to contract with such facility4 #e4 ,increased oversight of immigration detention facilities 7a7 ,inspections2 audits2 investigations ,in addition to exercising its responsibilities and duties under the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 the ,office of the ,inspector ,general of the ,department of ,homeland ,security shall-- 7#a7 conduct-- 7,a7 unannounced periodic inspections of immigration detention facilities not less frequently than annually2 7,b7 audits of immigration detention facilities to ensure compliance with the national standards established under the ,violence ,against ,women ,reauthorization ,act of #bjac 7,public ,law #aac-d7 and the ,standards to ,prevent1 ,detect1 and ,respond to ,sexual ,abuse and ,assault in ,confinement ,facilities 7#gi ,fed4 ,reg4 #acjii et seq471 which were published by the ,department of ,homeland ,security on ,march #g1 #bjad2 and 7,c7 investigations focused on health1 safety1 and due process concerns at immigration detention facilities1 including-- 7i7 deaths in custody2 7ii7 detainee access to medical and mental health care1 including pregnant women and other vulnerable populations2 7iii7 sexual assault and harassment2 and 7iv7 compliance with legal visitation and access requirements2 7#b7 measure inspections1 audits1 and investigations conducted pursuant to paragraph 7#a7 against the ,american ,bar ,association's ,civil ,detention ,standards1 in addition to the ,u4,s4 ,immigration and ,customs ,enforcement standards to which each facility is held2 7#c7 deliver a conclusion on adequacy at the conclusion of each inspection1 audit1 and investigation conducted pursuant to paragraph 7#a72 and 7#d7 make publicly available the results of the inspections1 audits1 and investigations conducted pursuant to paragraph 7#a7 without compromising the confidentiality of individuals who submitted complaints4 7b7 ,civil rights and civil liberties 7#a7 ,in general ,the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security shall conduct investigations of civil rights and civil liberties complaints in immigration detention facilities in accordance with section #h;,i7f7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 7#b7 ,information requests ,each component agency of the ,department of ,homeland ,security shall comply with all document and information requests from the ,office for ,civil ,rights and ,civil ,liberties to facilitate investigations under this section4 7c7 ,reporting requirements 7#a7 ,office of inspector general ,the ,inspector ,general of the ,department of ,homeland ,security shall-- 7,a7 not later than #fj days after any inspection1 audit1 or investigation1 submit a report to the appropriate congressional committees that summarizes the results1 in accordance with subsection 7a72 and 7,b7 release aggregate data on its website on a quarterly basis1 without compromising confidentiality1 regarding-- 7i7 complaints lodged about or from an immigration detention facility2 7ii7 actions taken in response to such complaints2 and 7iii7 investigation outcomes4 7#b7 ,office of civil rights and civil liberties ,the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security shall-- 7,a7 not later than #fj days after the conclusion of any investigation under subsection 7b71 submit a report to the appropriate congressional committees that summarizes the results of the investigation2 and 7,b7 release aggregate data on its website on a quarterly basis1 without compromising confidentiality1 regarding-- 7i7 complaints lodged about or from an immigration detention facility2 7ii7 actions taken in response to such complaints2 and 7iii7 investigation outcomes4 7d7 ,authorization of appropriations ,in addition to amount otherwise authorized to be appropriated for such purposes1 there is authorized to be appropriated to the ,department of ,homeland ,security1 for each of the fiscal years #bjbj through #bjbh-- 7#a7 #de1jjj1jjj to conduct and report on the inspections1 audits1 and investigations required under subsection 7a72 and 7#b7 #aj1jjj1jjj to conduct and report on the investigations required under subsection 7b74