,,ii #aaith ,,congress #b;d ,session ,s4 #dghf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjbf,mr4 ,booker introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,governors' ,right to ,inspect ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 purpose4,sec4 #c4 ,definitions4,sec4 #d4 ,right of access for health and safety oversight4,sec4 #e4 ,notice4,sec4 #f4 ,facility obligations and security protocols4,sec4 #g4 ,reports to ,congress4,sec4 #h4 ,supplemental authority4,sec4 #i4 ,authorization of appropriations4,sec4 #aj4 ,effective date4 #b4 ,findings2 purpose 7a7 ,findings ,congress finds the following3 7#a7 ,in #bjbf1 the ,united ,states detention rate peaked at the highest in decades1 with more than #gj1jjj people in custody in facilities operated either directly by ,u4,s4 ,immigration and ,customs ,enforcement or by private contractors under a ,federal contract4 7#b7 ,nearly #ej individuals died in ,,ice custody between ,january #bjbe and ,may #bjbf1 which is the highest death toll in at least #bj years4 ,this raises 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 immigration detention center in ,newark1 ,new ,jersey 7a privately operated1 #a1jjj-;bed facility run by the ,,geo ,group under ,federal contract7 have documented overcrowding1 spoiled food1 lack of medical access1 and inadequate sanitation1 conditions that led to a hunger and labor strike by approximately #cjj detainees during ,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 ,state 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 located1 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 and designated public health officials are uniquely well-positioned-- 7,a7 to conduct independent1 on-the-ground health and safety oversight2 and 7,b7 to communicate findings directly to ,congress1 supplementing and1 where necessary1 compensating for gaps in1 existing ,federal inspection programs4 7b7 ,purpose ,the sole purpose of this ,act is to authorize health and safety oversight by designated ,state officials4 ,governors and other ,state officials will not be authorized to interfere with ,federal immigration enforcement operations1 detainee custody determinations1 or removal proceedings4 #c4 ,definitions ,in this ,act3 7#a7 ,authorized oversight official ,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-- 7i7 by the ,governor of such ,state solely for purposes of conducting inspections under this ,act2 or 7ii7 under applicable ,state law4 7#b7 ,covered facility ,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 directly owned and operated by ,,ice2 7,b7 facilities owned or operated by a private entity pursuant to a contract with the ,department of ,homeland ,security2 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 ,health and safety inspection ,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 access to clean water1 sleeping conditions1 temperature1 ventilation1 and emergency safety systems4 7#d7 ,,ice ,the term ,,ice means ,u4,s4 ,immigration and ,customs ,enforcement4 7#e7 ,secretary ,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 facility2 7#b7 interview detainees who agree to1 or request to1 speak with the official in a private room or area 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 ,an authorized oversight official may conduct a health and safety inspection of a covered facility without prior notice4 #f4 ,facility obligations and security protocols 7a7 ,duty ,to cooperate ,the operator of a covered facility shall cooperate with each health and safety inspection4 7b7 ,reasonable security protocols ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall promulgate a rule establishing reasonable security protocols governing health and safety inspections1 which-- 7#a7 may include-- 7,a7 prohibiting weapons within the facility2 7,b7 facility staff escorting authorized oversight officials during each health and safety inspection2 7,c7 restricting photography in areas posing genuine security risks in a manner that is narrowly tailored and does not prevent documentation of health and safety conditions2 and 7,d7 prohibiting disclosure of information that could compromise the identity or safety of undercover personnel2 and 7#b7 may not be designed or applied in a manner that effectively prevents or significantly impairs the conduct of a health and safety inspection4 #g4 ,reports 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 the ,committee on ,appropriations of the ,senate2 7#d7 the ,committee on the ,judiciary of the ,house of ,representatives2 7#e7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7#f7 the ,committee on ,appropriations of the ,house of ,representatives2 7#g7 any ,member of ,congress representing the district or ,state in which such facility is located2 and 7#h7 the ,secretary4 7b7 ,contents of report ,any 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 ,not later than #fj days after receiving a report described in this section1 the ,secretary shall submit a response to the ,governor who submitted the report and all the other recipients of such report that-- 7#a7 verifies or corrects the findings of the report2 and 7#b7 includes a plan for implementing the corrective actions recommended in the report4 7d7 ,public availability ,reports submitted under this section1 and any response of the ,secretary to such reports1 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 ,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 #i4 ,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-- 7#a7 the establishment of security protocols under section #f2 and 7#b7 the maintenance of a public reporting portal under section #g7;d74 #aj4 ,effective date ,this ,act shall take effect on the date this is #ahj days after the date of the enactment of this ,act4