119-HR4542

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 4542

1. Short title
2. Prohibition on operation and funding of immigration detention facility in the Everglades

1. Short title

This Act may be cited as the "No Cages in the Everglades Act".

2. Prohibition on operation and funding of immigration detention facility in the Everglades

(a) In general - Notwithstanding any other provision of law, no funds made available to the Department of Homeland Security, including U.S. Immigration and Customs Enforcement, may be obligated or expended for the following:

(1) - Planning, construction, leasing, operation, staffing, or maintenance of any immigration detention facility located within or adjacent to the Everglades ecosystem.

(2) - Contracting with any public entity for the purposes described in paragraph (1).

(b) Right of access -

(1) In general - Notwithstanding any other provision of law, any facility, including any facility described in subsection (a)(1), used to detain or house individuals in the custody of the Department of Homeland Security, including U.S. Immigration and Customs Enforcement, or that is used to detain or house individuals by the Department, whether operated by the Federal Government or a State or local government, shall allow Members of Congress and designated congressional staff to conduct announced or unannounced inspections of such facility at any time, consistent with applicable security and safety protocols.

(2) Prohibition on limitation - The right of access described in paragraph (1) may not be waived, limited, or conditioned by any contract, lease, memorandum of understanding, or other agreement between the Department of Homeland Security and any State or local government operator of a facility described in paragraph (1).

(3) Rule of construction - Nothing in this subsection may be construed to require a Member of Congress or designated congressional staff to provide prior notice of the intent to enter a facility described in paragraph (1) for the purpose of conducting oversight.

(c) Independent report -

(1) In general - Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall conduct an independent inquiry and submit to the appropriate congressional committees a report regarding the facility described in subsection (a)(1). Such report shall contain the following:

(A) - An accounting of the use of funds allocated to or made available to the Department for such facility.

(B) - A description of the process that led to the construction of such facility.

(C) - An evaluation of whether such facility satisfies minimum Federal standards, including the following:

(i) - National Detention Standards (NDS) 2000.

(ii) - Performance-Based National Detention Standards (PBNDS) 2008.

(iii) - PBNDS 2011.

(iv) - NDS 2019.

(v) - Family Residential Standards 2020.

(vi) - Temporary Housing Standards.

(D) - A description of any formal or informal complaints registered by individuals detained at such facility regarding detention conditions, access to counsel, or treatment.

(E) - An assessment of ecological risks resulting from the construction and operation of such facility, as well as the risks for detained individuals, officers, and staff at such facility as a result of flooding, hurricanes, or other natural disasters.

(2) Briefings - The Inspector General of the Department of Homeland Security shall provide to the appropriate congressional committees briefings on the contents of the report required under paragraph (1).

(d) Definitions - In this section:

(1) Appropriate congressional committees - The term "appropriate congressional committees" means the following:

(A) - In the House of Representatives, the following:

(i) - The Committee on Homeland Security.

(ii) - The Committee on the Judiciary.

(iii) - The Committee on Appropriations.

(B) - In the Senate, the following:

(i) - The Committee on Homeland Security and Governmental Affairs.

(ii) - The Committee on the Judiciary.

(iii) - The Committee on Appropriations.

(2) Designated congressional staff - The term "designated congressional staff" means any employee employed by the official office of a Member of Congress, or employed by an official Committee of the House of Representatives or the Senate.

(3) Everglades ecosystem - The term "Everglades ecosystem" means the hydrologically connected wetland areas of southern Florida, including Big Cypress National Preserve, Everglades National Park, Water Conservation Areas, and adjacent wetlands.

(4) Facility - The term "facility" means any building, site, or structure at which individuals in Department of Homeland Security custody are housed or detained.