,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ibga ,,in ,,the ,,house ,,of ,,representatives ,june #aa1 #bjbf,mr4 ,espaillat 7for himself and ,mrs4 ,watson ,coleman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to authorize sitting ,governors to conduct health and safety oversight inspections of immigration detention facilities located within their states1 and to establish a reporting mechanism to ,congress on conditions found therein4 #a4 ,short title ,this ,act may be cited as the ,governors' ,right to ,inspect ,act of #bjbf4 #b4 ,findings and purpose 7a7 ,findings ,congress finds as follows3 7#a7 ,the ,united ,states detains over #gj1jjj individuals in immigration detention facilities at any given time--the highest number in at least two decades--in facilities operated both directly by ,u4,s4 ,immigration and ,customs ,enforcement 7,,ice7 and by private contractors under ,federal contract4 7#b7 ,nearly #ej individuals have died in ,,ice custody since the start of #bjbe1 the highest death toll in at least twenty years1 raising urgent concerns about the adequacy of medical care and conditions of confinement across the ,federal detention system4 7#c7 ,credible reports from detainees1 attorneys1 and elected officials at ,delaney ,hall detention center in ,newark1 ,new ,jersey--a privately operated1 #a1jjj-;bed facility run by ,,geo ,group under ,federal contract--have documented overcrowding1 spoiled food1 lack of medical access1 and inadequate sanitation1 resulting in a hunger and labor strike by approximately #cjj detainees in ,may #bjbf4 7#d7 ,new ,jersey ,governor ,mikie ,sherrill1 exercising her responsibility as the chief executive of the ,state of ,new ,jersey to protect the health and welfare of individuals within her state's borders1 sought to conduct an in-person oversight visit of ,delaney ,hall on ,may #be1 #bjbf1 and was denied entry4 ,the ,governor stated that the denial of access itself was evidence of serious concern about conditions inside the facility4 7#e7 ,governors1 as the chief executives of the states in which detention facilities are sited1 bear direct public health responsibilities for their residents and have a constitutional and civic interest in ensuring that facilities within their states meet basic health and safety standards4 7#f7 ,governors are uniquely well-positioned to conduct independent1 on-the-ground health and safety oversight and to communicate findings directly to ,congress1 supplementing--and where necessary1 compensating for gaps in--existing ,federal inspection programs4 7b7 ,purpose ,the purpose of this ,act is solely to authorize health and safety oversight--not to grant ,governors any authority to interfere with ,federal immigration enforcement operations1 detainee custody determinations1 or removal proceedings4 #c4 ,definitions ,in this ,act3 7#a7 ,the term authorized oversight official means-- 7,a7 the ,governor of any ,state in which a covered facility is located2 or 7,b7 any ,state public health or safety official designated in writing by a ,governor solely for purposes of conducting inspections under this ,act4 7#b7 ,the term covered facility means any facility located within the ,united ,states that is used for the detention of individuals in the custody of the ,secretary1 including-- 7,a7 facilities owned or operated directly by ,,ice2 7,b7 facilities owned or operated by a private entity pursuant to a contract with the ,secretary2 and 7,c7 any detention facility of a ,state or unit of local government pursuant to an intergovernmental service agreement with the ,secretary4 7#c7 ,the term health and safety inspection means a visit to a covered facility for the purpose of observing and documenting physical conditions at the covered facility as such conditions relate to the health1 safety1 and humane treatment of detained individuals1 including sanitation1 medical care access1 food quality1 water access1 sleeping conditions1 temperature1 ventilation1 and emergency safety systems4 7#d7 ,the term ,,ice means ,u4,s4 ,immigration and ,customs ,enforcement4 7#e7 ,the term ,secretary means the ,secretary of ,homeland ,security4 #d4 ,right of access for health and safety oversight 7a7 ,general authorization ,notwithstanding any other provision of law or policy1 no funds appropriated or otherwise made available to the ,secretary may be used to prevent an authorized oversight official from entering a covered facility for the purpose of conducting a health and safety inspection4 7b7 ,scope of access ,an authorized oversight official conducting a health and safety inspection shall have the right to-- 7#a7 access all areas of the covered facility where detainees are housed1 fed1 provided medical care1 or otherwise held2 7#b7 speak privately with detainees1 on a voluntary basis1 regarding health and safety conditions2 7#c7 review health and safety records of detainees1 including food preparation logs1 medical treatment records 7in aggregate and consistent with applicable privacy laws71 and facility maintenance records2 and 7#d7 document physical conditions at the covered facility through written notes and photography1 subject to reasonable security protocols established by the ,secretary pursuant to section #f4 7c7 ,no interference with enforcement operations ,nothing in this ,act may be construed to authorize any authorized oversight official to-- 7#a7 direct1 halt1 delay1 or otherwise interfere with any ,,ice enforcement action1 custody determination1 removal proceeding1 or transfer of detainees2 7#b7 release or order the release of any detained individual2 7#c7 direct ,federal employees or contractors in the performance of their duties2 7#d7 access classified law enforcement information or sensitive law enforcement information unrelated to health and safety conditions2 or 7#e7 engage in access for any purpose other than civilian health and safety oversight4 #e4 ,notice requirements 7a7 ,governor access ,the ,governor of a ,state may conduct a health and safety inspection without prior notice4 7b7 ,designated ,state officials ,an authorized oversight official shall provide advance notice to the ,secretary not less than #bd hours before conducting a health and safety inspection4 ,notice shall be provided in writing to both the facility operator and to the ,,ice ,field ,office ,director with jurisdiction over the facility4 #f4 ,facility obligations and security protocols 7a7 ,duty ,to cooperate ,the operator of a covered facility shall cooperate with a health and safety inspection4 7b7 ,reasonable security protocols ,not later than #ij days after enactment of this ,act1 the ,secretary shall by rule establish reasonable security protocols governing health and safety inspections1 which may include-- 7#a7 prohibition on weapons within the facility2 7#b7 escort of authorized oversight officials by facility staff2 7#c7 restrictions on photography in areas posing genuine security risks1 provided such restrictions are narrowly tailored and do not prevent documentation of health and safety conditions2 and 7#d7 prohibition on disclosure of information that could compromise the identity or safety of undercover personnel4 ,security protocols shall not be designed or applied in a manner that effectively prevents or significantly impairs the conduct of a health and safety inspection4 #g4 ,reporting to congress 7a7 ,optional reports by ,governors ,following any health and safety inspection of a covered facility in a ,state1 the ,governor of that ,state may submit a written report to-- 7#a7 the ,committee on the ,judiciary of the ,senate2 7#b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7#c7 ,committee on ,appropriations of the ,senate2 7#d7 ,committee on the ,judiciary of the ,house of ,representatives2 7#e7 ,committee on ,homeland ,security of the ,house of ,representatives2 7#f7 ,committee on ,appropriations of the ,house of ,representatives2 or 7#g7 any ,member of ,congress representing the district or ,state in which the facility is located4 7b7 ,contents of report ,a report submitted under this section may include-- 7#a7 the name1 location1 and operator of the covered facility inspected2 7#b7 the date and duration of the health and safety inspection2 7#c7 observations regarding health and safety conditions1 including any deficiencies observed2 7#d7 recommendations for corrective action2 and 7#e7 any response or explanation provided by facility operators during or after the inspection4 7c7 ,,dhs response ,upon receipt of any report submitted under this section1 the relevant congressional committees may transmit the report to the ,secretary of ,homeland ,security4 ,the ,secretary shall have #fj days to provide a written response addressing any deficiencies identified in the report and any corrective actions taken or planned4 7d7 ,public availability ,reports submitted under this section1 and any response of the ,secretary thereto1 shall be made publicly available on the website of the ,secretary1 subject to redaction of any information that would compromise facility security or individual privacy4 #h4 ,enforcement and remedies 7a7 ,civil ,action ,an authorized oversight official who is denied access to a covered facility in violation of this ,act may bring a civil action in the ,u4,s4 district court for the district in which the facility is located for-- 7#a7 declaratory relief affirming the right of access2 7#b7 injunctive relief ordering access to the facility2 or 7#c7 such other relief as the court deems appropriate4 7b7 ,no private right of action for detainees ,nothing in this ,act creates a private right of action for any detained individual4 #i4 ,relationship to existing law 7a7 ,supplemental authority ,the access granted to authorized oversight officials under this ,act is supplemental to1 and does not limit1 any rights existing under-- 7#a7 any ,state law providing health and safety inspection authority over private detention facilities2 or 7#b7 any existing intergovernmental agreement between a ,state or locality and the ,secretary4 7b7 ,federal supremacy ,nothing in this ,act may be construed to permit a ,governor or their designee to enforce ,state law within a covered facility in a manner that conflicts with ,federal law or that interferes with ,federal immigration enforcement operations4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as may be necessary to implement the requirements of this ,act1 including the establishment of security protocols under section #f and the maintenance of a public reporting portal under section #g7;d74 #aa4 ,effective date ,this ,act shall take effect on the date this is #ahj days after the date of enactment4