,,ii #aaith ,,congress #b;d ,session ,s4 #dehi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjbf,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to improve immigration enforcement transparency1 preserve civil rights1 and improve the accountability of immigration enforcement personnel1 and for other purposes4 #a4 ,short titles ,this ,act may be cited as the ,oversight1 ,protection1 and ,enforcement ,notification ,act and ,,open ,act4 #b4 ,definitions ,in this section3 7#a7 ,chokehold or carotid hold ,the term chokehold or carotid hold means the application of any pressure to the throat or windpipe1 the use of maneuvers that restrict blood or oxygen flow to the brain1 or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual4 7#b7 ,conduct exceeding authorized authority ,the term conduct exceeding authorized authority means any action taken without legal authorization1 outside the scope of assigned duties1 or in violation of ,federal law1 regulation1 or ,department of ,homeland ,security policy1 including-- 7,a7 conducting a stop1 search1 entry1 arrest1 or detention without legal authority1 a valid warrant1 or required supervisory approval2 7,b7 misrepresenting identity1 authority1 or purpose to gain compliance or entry2 7,c7 conducting enforcement activity outside an assigned geographic area1 mission scope1 or operational plan2 7,d7 using unapproved tactics1 equipment1 or vehicles1 including failure to comply with identification or uniform requirements2 7,e7 acting in violation of constitutional protections1 civil rights laws1 or court orders2 and 7,f7 any action involving sexual violence4 7#c7 ,excessive force ,the term excessive force means the use of physical force or weapons beyond what is objectively reasonable and necessary1 including-- 7,a7 discharging or brandishing a firearm at any individual or vehicle2 7,b7 using a chemical agent1 a conducted energy device1 a baton1 or an impact weapon2 7,c7 any action involving a physical takedown1 a chokehold1 or the placement of an individual on the ground2 7,d7 using restraints or force resulting in bodily injury1 hospitalization1 or death2 and 7,e7 using deadly force to incapacitate a subject4 7#d7 ,member of congress ,the term ,member of ,congress includes any ,senator1 ,representative1 ,delegate1 or ,resident ,commissioner of the ,united ,states ,congress4 #c4 ,improving immigration enforcement transparency 7a7 ,access to immigration detention facilities 7#a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that all ,members of ,congress are given unrestricted access1 without advance notice1 to all immigration detention facilities used or operated by the ,department of ,homeland ,security1 including facilities operated by ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection1 regional processing centers1 field offices1 ,state-run facilities1 and privately operated or contracted facilities1 regardless of the source of funding for such facilities4 7#b7 ,scope of access ,access to immigration detention facilities required under paragraph 7#a7 shall include-- 7,a7 access to all of the areas in such facilities2 7,b7 the ability to speak privately with detained individuals and facility personnel on the same day as the visit and without prior authorization2 7,c7 the ability to observe conditions of confinement and compliance with applicable ,federal law1 regulations1 and standards2 and 7,d7 the ability of a ,member of ,congress1 a ,state or local elected official1 or a representative of a local health and safety agency to be accompanied by congressional staff and1 at the discretion of the ,member1 official1 or representative1 subject matter experts1 including medical professionals1 legal experts1 interpreters1 and other individuals who such ,member1 official1 or representative considers necessary to assist in evaluating facility conditions and compliance with applicable laws and standards4 7#c7 ,access for legal counsel1 faith leaders1 and family members ,the ,secretary of ,homeland ,security shall ensure that detained individuals have timely and reasonable access to legal counsel1 faith leaders1 and family members1 including the ability to communicate privately and in person whenever practicable1 subject only to narrowly tailored limitations that are necessary to protect the safety and security of the facility in which such individuals are detained4 7#d7 ,prohibition on delay or denial 7,a7 ,in general ,the operator of an immigration detention facility may not delay1 condition1 restrict1 or deny access to such facility to a ,member of ,congress on the basis of staffing limitations1 operational considerations1 contractual arrangements1 or facility designation4 7,b7 ,notice ,not later than #gb hours after discovering that a ,member of ,congress' access to an immigration detention facility was delayed or denied for any reason1 the ,director of ,u4,s4 ,immigration and ,customs ,enforcement or the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit a detailed report identifying the reasons for such delay and denial and describing the steps that will be taken to prevent future delays or denials to-- 7i7 the ,committee on ,appropriations of the ,senate2 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7iii7 the ,committee on the ,judiciary of the ,senate2 7iv7 the ,committee on ,appropriations of the ,house of ,representatives2 7v7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7vi7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7vii7 the ,office of ,inspector ,general of the ,department of ,homeland ,security4 7#e7 ,consequences for repeated noncompliance 7,a7 ,in general ,if access to an immigration detention facility is delayed or denied to #b or more ,members of ,congress in violation of this subsection during any fiscal year1 the ,secretary of ,homeland ,security shall ensure that any officer1 employee1 or contractor of the ,department of ,homeland ,security who knowingly delays1 restricts1 or denies access to such a facility in violation of this subsection is subject to appropriate administrative or contractual disciplinary action4 7,b7 ,notification ,the ,secretary shall notify the committees listed in paragraph 7#d77;,b7 not later than #dh hours after determining a violation described in subparagraph 7,a7 has occurred4 7#f7 ,rule of construction ,nothing in this subsection may be construed to limit the authority of ,congress to impose additional requirements or restrictions through appropriations ,acts or other legislation4 7b7 ,public reporting requirements ,the ,secretary of ,homeland ,security shall track and publicly report1 on an aggregated basis without including personally identifiable information of those involved1 all allegations and incidents in which immigration enforcement officers or agents1 during an immigration enforcement operation or while an individual is detained by the ,department of ,homeland ,security-- 7#a7 used excessive force to carry out their objective2 7#b7 engaged in conduct exceeding authorized authority2 7#c7 detained a ,united ,states citizen2 7#d7 mistakenly detained or arrested an individual who should not have been detained or arrested2 7#e7 perpetrated sexual assault1 abuse1 or harassment2 or 7#f7 engaged in other misconduct4 7c7 ,detention accountability and grievance procedures 7#a7 ,grievance process ,the ,secretary of ,homeland ,security shall ensure that each immigration detention facility used or operated by the ,department of ,homeland ,security or its contractors maintains a confidential and accessible grievance process through which detained individuals may report grievances regarding-- 7,a7 the use of excessive force2 7,b7 violations of ,federal law1 detention standards1 or ,department policy2 7,c7 threats1 intimidation1 retaliation1 or abuse by facility personnel2 or 7,d7 sexual assault1 abuse1 or harassment4 7#b7 ,accessibility requirements ,the grievance process required under paragraph 7#a7 shall-- 7,a7 be available in all languages commonly spoken by detained individuals2 7,b7 permit grievances to be filed orally or in writing2 7,c7 allow detained individuals to submit grievances without interference or retaliation2 and 7,d7 provide timely review and resolution of such grievances4 7#c7 ,accountability for excessive force or misconduct ,if an investigation conducted by the ,department of ,homeland ,security1 the ,office of ,inspector ,general of the ,department1 the ,office of ,professional ,responsibility of the ,department1 ,u4,s4 ,immigration and ,customs ,enforcement1 a local field office1 or any other authorized investigative entity determines that an officer1 employee1 or contractor used excessive force against a detained individual1 the head of the agency with jurisdiction over the facility shall ensure that such individual-- 7,a7 is immediately removed from duties involving the supervision1 custody1 or transport of detained individuals at the facility at which the incident occurred2 and 7,b7 is not permitted to return to perform such duties4 7#d7 ,sexual abuse and assault prevention and intervention program ,not less frequently than annually1 the ,secretary of ,homeland ,security shall publish facility-specific information for each immigration detention facility regarding each facility's compliance with ,u4,s4 ,immigration and ,customs ,enforcement's ,sexual ,abuse and ,assault ,prevention and ,intervention ,program1 including-- 7,a7 the number of allegations of sexual abuse or harassment reported at such facility2 7,b7 the status and outcome of investigations into such allegations2 7,c7 whether the facility was found compliant with applicable standards under the ,sexual ,abuse and ,assault ,prevention and ,intervention ,program2 and 7,d7 any corrective actions required and the status of such actions4 #d4 ,preserving civil rights 7a7 ,use of force ,in carrying out immigration enforcement operations1 immigration enforcement officers and agents may not use excessive force4 7b7 ,detainee rights ,the ,secretary of ,homeland ,security shall ensure1 after an immigration enforcement officer or agent detains any individual-- 7#a7 a member of such individual's immediate family1 as determined by the detained individual1 is notified of such detention by the ,department of ,homeland ,security not later than #e hours after the commencement of such detention2 7#b7 such individual is guaranteed access to at least #a phone call within #e hours after the commencement of the detention2 7#c7 such individual is guaranteed reasonable access to legal counsel and a faith leader not later than #ab hours after the commencement of the detention and periodically thereafter1 either in person or through telephonic communication2 and 7#d7 such individual is guaranteed reasonable accommodations to facilitate the signing of any necessary legal documentation4 7c7 ,medical and mental health services ,the ,secretary of ,homeland ,security shall ensure that-- 7#a7 after an immigration enforcement officer or agent detains any individual1 such individual is provided timely medical and mental health services1 including access to emergency care and chronic condition management1 in accordance with the standards established under the ,national ,detention ,standards and the ,performance-,based ,national ,detention ,standards2 7#b7 any individual in detention with care provided by the ,department of ,veterans ,affairs should have access to health care services provided by the ,department of ,veterans ,affairs2 7#c7 if an individual described in paragraph 7#a7 is transferred to a hospital or emergency room-- 7,a7 the individual's legal counsel or designated representative is immediately notified2 and 7,b7 family members or a designated emergency contact are notified of the location of such hospital or emergency room as soon as practicable2 and 7#d7 procedures are implemented to allow family members or legal representatives of such individuals to drop off valid prescription medications and necessary medical devices for use in detention facilities1 including ,,cpap machines1 mobility aids1 and glucose monitors1 for the individual's use after such items are cleared through standard security and medical review4 7d7 ,transportation and transfers 7#a7 ,notice of transfer ,not later than #bd hours after any detained individual is transferred to another detention facility1 the head of the facility housing the individual shall notify the individual's legal counsel1 designated representative1 and next of kin1 as applicable1 of-- 7,a7 the specific name and address of the facility to which the individual has been transferred2 and 7,b7 the direct contact information for such facility1 including a primary phone number and a point of contact for inquiries from the family and legal representative of such individual4 7#b7 ,justification for transfer 7,a7 ,in general ,before any transfer described in paragraph 7#a71 the ,director of the facility or the field office shall provide a written justification to the detained individual and such individual's legal counsel detailing the specific administrative or safety reason for such transfer1 such as medical necessity1 facility capacity1 or specialized housing requirements4 7,b7 ,medical transfer summaries ,the ,director of the facility from which a detained individual is being transferred shall provide a medical transfer summary with respect to such individual to the receiving facility4 7,c7 ,observations ,officers involved in the transfer of detained individuals between detention facilities shall share with the receiving facility any observations suggesting the detained individual-- 7i7 has engaged in self-injurious behavior2 or 7ii7 has expressed a desire to harm himself or herself during such transfer4 7,d7 ,specialty care ,a detained individual in need of specialty care may not be transferred to a detention facility that lacks the resources to provide such care unless such resources may be easily procured from a nearby hospital1 clinic1 or doctors' office4 7#c7 ,bed availability and facility standards ,a transfer described in paragraph 7#a7 may not occur unless the ,director of both the originating and receiving detention facilities attest that-- 7,a7 a dedicated bed and appropriate housing space are available at the destination facility to which the individual is being transferred2 and 7,b7 such destination facility meets all applicable ,federal detention standards1 including having the medical and mental health resources to maintain the individual's continuity of care4 7#d7 ,additional detention standards ,all transfers of detained individuals shall comply with all applicable standards established by the ,secretary of ,transportation1 including-- 7,a7 minimum protections during transport1 including-- 7i7 the use of seatbelts or secure seating for all individuals during vehicle movement2 7ii7 prohibition on transport in overcrowded conditions or standing-room configurations2 7iii7 access to adequate ventilation1 temperature control1 food1 drinking water1 and necessary medications2 and 7iv7 for individuals who are restrained or shackled-- 7,i7 the application or adjustment of such restraints shall allow the individual the physical range of motion necessary to safely drink water and consume food without assistance2 or 7,,ii7 if the security level of the restraint prevents the individual from self-feeding or self-drinking1 the provision of direct1 safe assistance to ensure the individual is able to eat and drink fully and comfortably2 7,b7 regular bathroom breaks1 including-- 7i7 access to restroom facilities not less frequently than once every #b hours during transport2 7ii7 reasonable accommodations for children1 elderly individuals1 pregnant women1 and individuals with medical conditions2 and 7iii7 mandatory reasonable accommodations for individuals with physical1 sensory1 intellectual1 or mental health disabilities1 including the provision of vehicles and communication assistance in full compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 and 7,c7 safety protocols1 including-- 7i7 medical screening before transport to identify health risks1 disabilities1 or special needs2 7ii7 continuous monitoring of individuals during transport by trained personnel2 7iii7 prohibiting the use of restraint methods that impede breathing1 circulation1 or safe seating during transport2 7iv7 maintaining written transport logs documenting the duration1 conditions1 stops1 and personnel involved2 7v7 operating audio or video recording equipment1 where available1 for the duration of transport2 and 7vi7 protecting mobility and medical devices by ensuring such items are transported with the individual and are not separated or damaged during the transfer process4 7#e7 ,documentation and reporting ,not later than #bd hours after each incident involving a violation by a transporting officer or agent of any standard described in paragraph 7#d71 such incident shall be-- 7,a7 documented by the supervisor of such officer or agent1 which documentation shall include-- 7i7 the nature of the violation2 7ii7 the duration of the transport during which such violation occurred2 7iii7 the individuals affected by such violation2 7iv7 any corrective actions taken to prevent future violations2 and 7v7 any disciplinary or remedial measures imposed on the violator2 and 7,b7 reported to-- 7i7 the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security2 7ii7 the ,office of ,inspector ,general of the ,department of ,homeland ,security2 and 7iii7 the appropriate congressional committees4 7e7 ,office for ,civil ,rights and ,civil ,liberties ,the ,secretary of ,homeland ,security shall-- 7#a7 reconstitute the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security2 and 7#b7 ensure such ,office has an independent reporting structure1 including direct reporting authority to the ,secretary of ,homeland ,security1 for purposes of investigating1 reviewing1 and reporting on civil rights and civil liberties violations related to immigration enforcement or detention4 #e4 ,limitations on conversions of existing buildings into immigrant detention centers 7a7 ,in general ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection may not acquire and repurpose any warehouse1 ,state-run facility1 or correctional facility as a detention center for individuals who are awaiting removal proceedings or are in ,federal custody absent full compliance with the requirements set forth in subsection 7b74 7b7 ,requirements for conversion of existing facilities 7#a7 ,compliance and financial accountability 7,a7 ,in general ,the new immigrant detention center shall be operated in full compliance with all applicable ,federal detention and safety standards4 7,b7 ,contractual penalties ,the ,secretary of ,homeland ,security shall ensure all contracts for the operation of immigration detention centers include enforceable financial clawbacks and liquidated damages provisions to be triggered by a persistent or systemic failure to adhere to all applicable ,federal detention and safety standards4 7#b7 ,guaranteed access ,all individuals housed at any immigration detention center shall be guaranteed regular access to legal counsel1 faith leaders1 and family members1 either in person or through telephonic communication1 in accordance with paragraphs 7#b7 and 7#c7 of section #c7;a74 7#c7 ,independent inspections and timeline 7,a7 ,in general ,each immigration detention center shall be subject to a rigorous inspection schedule4 7,b7 ,pre-operational audit ,an independent inspection of each new immigration detention facility shall be completed and published not later than #cj days before any contract is executed for the operation of such facility4 7,c7 ,recurring access ,state ,attorneys ,general1 the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 and a court-appointed independent monitor shall have unrestricted1 unannounced access to each immigration detention facility at any time4 7,d7 ,reporting ,not later than #ad days after conducting an inspection of an immigration detention facility1 the ,secretary of ,homeland ,security shall submit a report containing the results of such inspection to-- 7i7 the appropriate congressional committees2 and 7ii7 the ,governor of the ,state in which such facility is located4 7#d7 ,commencement of operations ,a new immigration detention center may not commence operations without full transparency and oversight in accordance with this subsection4 7#e7 ,notice2 briefings ,the ,secretary of ,homeland ,security shall provide advance written notice and ongoing coordination to the ,governor1 ,state attorney general1 and appropriate local government officials in the jurisdiction in which any new immigration detention center is located1 including-- 7,a7 notice of the intent to establish1 expand1 or materially modify operations at the facility2 and 7,b7 regular briefings regarding population levels1 medical capacity1 emergency protocols1 and public safety impacts4 7#f7 ,intergovernmental consultation 7,a7 ,in general ,the ,secretary of ,homeland ,security shall establish procedures for consulting with appropriate ,state and local government officials regarding any new immigration detention center's impact on local infrastructure4 7,b7 ,certification requirement ,the ,secretary shall certify that each new immigration detention center adheres to all applicable ,state health and safety standards unless such standards directly conflict with the execution of ,federal immigration law4 7c7 ,rule of construction ,nothing in this section may be construed to waive the supremacy of ,federal law4 #f4 ,warrant requirements 7a7 ,judicial warrants ,notwithstanding any other provision of law1 including the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 and any regulation or policy issued by the ,department of ,homeland ,security1 an officer or agent of ,u4,s4 ,immigration and ,customs ,enforcement or ,u4,s4 ,customs and ,border ,protection may not arrest or detain an individual without a judicially enforceable warrant issued by a magistrate judge or a judge appointed under article ,,iii of the ,constitution of the ,united ,states who has been duly confirmed by the ,senate4 7b7 ,administrative warrants 7#a7 ,in general ,except as provided in paragraph 7#b71 an administrative warrant1 including a warrant of arrest or removal issued by an officer or employee of the ,department of ,homeland ,security1 may not-- 7,a7 authorize entry into a private residence or dwelling2 or 7,b7 be used to justify forced entry1 coercive entry1 or entry without consent4 7#b7 ,exceptions ,the restrictions set forth in paragraph 7#a7 shall not apply with respect to an individual who is determined to be a flight risk or a danger to the public4 7c7 ,remedies for violations ,if an immigration enforcement action is conducted in violation of this section-- 7#a7 any information obtained as a result of such action shall be prohibited from being entered into the record or received into evidence in a removal proceeding for purposes of establishing alienage or chargeability2 and 7#b7 the noncitizen who is the subject of such removal proceedings may file a motion to enforce the prohibition described in paragraph 7#a71 including through a motion to terminate such proceedings4