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Waiver Accountability and Transparency Act

USA116th CongressHR-2489| House 
| Updated: 5/31/2019
Elijah E. Cummings

Elijah E. Cummings

Democratic Representative

Maryland

Cosponsors (43)
Val Butler Demings (Democratic)Barbara Lee (Democratic)Robin L. Kelly (Democratic)Joseph P. Kennedy (Democratic)Raúl M. Grijalva (Democratic)Karen Bass (Democratic)Darren Soto (Democratic)Sheila Jackson Lee (Democratic)Ilhan Omar (Democratic)Bobby L. Rush (Democratic)Eric Swalwell (Democratic)Tony Cárdenas (Democratic)Scott H. Peters (Democratic)Donald M. Payne (Democratic)Anthony G. Brown (Democratic)Adriano Espaillat (Democratic)Ann Kirkpatrick (Democratic)Danny K. Davis (Democratic)Ro Khanna (Democratic)Ann M. Kuster (Democratic)Matt Cartwright (Democratic)Mark DeSaulnier (Democratic)Jim Cooper (Democratic)Gregory W. Meeks (Democratic)Jahana Hayes (Democratic)Kathy Castor (Democratic)Eleanor Holmes Norton (Democratic)Bonnie Watson Coleman (Democratic)Norma J. Torres (Democratic)Jamie Raskin (Democratic)Joe Neguse (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)James P. McGovern (Democratic)Peter Welch (Democratic)Earl Blumenauer (Democratic)Jesús G. "Chuy" García (Democratic)Jason Crow (Democratic)Rashida Tlaib (Democratic)Ayanna Pressley (Democratic)Alcee L. Hastings (Democratic)Debbie Wasserman Schultz (Democratic)Chellie Pingree (Democratic)

Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Waiver Accountability and Transparency Act This bill imposes requirements related to U.S. Immigration and Customs Enforcement (ICE) granting waivers to immigration detention facilities that do not meet certain standards. ICE shall publicly post within three days of submission each waiver request, request justification, assessment, final decision, and rationale for whether the waiver was granted or denied. ICE shall grade each waiver request from 1 to 3, with 3 being the most serious and including those with issues impacting due process, medical safety, and security. For grade 3 waivers, all parties involved, including ICE, must sign off on a corrective action plan, which shall include a timeline and plan to make the facility compliant with the relevant standards. A waiver may not be approved for longer than 90 days, and waivers may be reapproved every 90 days. After one year, any reapproval shall be approved by the Department of Homeland Security (DHS) and ICE, and DHS and ICE shall jointly publish the justification for the reapproval. ICE shall periodically report to Congress and publicly post online financial penalties imposed on a facility. DHS shall periodically report to Congress and publicly post online an analysis of sample of cases where facility failed to meet a standard but DHS declined to impose a penalty. The Government Accountability Office shall periodically conduct a study on the waiver process and the ability of DHS to hold contractors accountable.
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Timeline
May 2, 2019
Introduced in House
May 2, 2019
Referred to the House Committee on the Judiciary.
May 31, 2019
Referred to the Subcommittee on Immigration and Citizenship.
  • May 2, 2019
    Introduced in House


  • May 2, 2019
    Referred to the House Committee on the Judiciary.


  • May 31, 2019
    Referred to the Subcommittee on Immigration and Citizenship.

Immigration

Congressional oversightDepartment of Homeland SecurityDetention of personsGovernment information and archivesGovernment studies and investigationsImmigration status and proceduresLaw enforcement administration and funding

Waiver Accountability and Transparency Act

USA116th CongressHR-2489| House 
| Updated: 5/31/2019
Waiver Accountability and Transparency Act This bill imposes requirements related to U.S. Immigration and Customs Enforcement (ICE) granting waivers to immigration detention facilities that do not meet certain standards. ICE shall publicly post within three days of submission each waiver request, request justification, assessment, final decision, and rationale for whether the waiver was granted or denied. ICE shall grade each waiver request from 1 to 3, with 3 being the most serious and including those with issues impacting due process, medical safety, and security. For grade 3 waivers, all parties involved, including ICE, must sign off on a corrective action plan, which shall include a timeline and plan to make the facility compliant with the relevant standards. A waiver may not be approved for longer than 90 days, and waivers may be reapproved every 90 days. After one year, any reapproval shall be approved by the Department of Homeland Security (DHS) and ICE, and DHS and ICE shall jointly publish the justification for the reapproval. ICE shall periodically report to Congress and publicly post online financial penalties imposed on a facility. DHS shall periodically report to Congress and publicly post online an analysis of sample of cases where facility failed to meet a standard but DHS declined to impose a penalty. The Government Accountability Office shall periodically conduct a study on the waiver process and the ability of DHS to hold contractors accountable.
View Full Text

Suggested Questions

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Timeline
May 2, 2019
Introduced in House
May 2, 2019
Referred to the House Committee on the Judiciary.
May 31, 2019
Referred to the Subcommittee on Immigration and Citizenship.
  • May 2, 2019
    Introduced in House


  • May 2, 2019
    Referred to the House Committee on the Judiciary.


  • May 31, 2019
    Referred to the Subcommittee on Immigration and Citizenship.
Elijah E. Cummings

Elijah E. Cummings

Democratic Representative

Maryland

Cosponsors (43)
Val Butler Demings (Democratic)Barbara Lee (Democratic)Robin L. Kelly (Democratic)Joseph P. Kennedy (Democratic)Raúl M. Grijalva (Democratic)Karen Bass (Democratic)Darren Soto (Democratic)Sheila Jackson Lee (Democratic)Ilhan Omar (Democratic)Bobby L. Rush (Democratic)Eric Swalwell (Democratic)Tony Cárdenas (Democratic)Scott H. Peters (Democratic)Donald M. Payne (Democratic)Anthony G. Brown (Democratic)Adriano Espaillat (Democratic)Ann Kirkpatrick (Democratic)Danny K. Davis (Democratic)Ro Khanna (Democratic)Ann M. Kuster (Democratic)Matt Cartwright (Democratic)Mark DeSaulnier (Democratic)Jim Cooper (Democratic)Gregory W. Meeks (Democratic)Jahana Hayes (Democratic)Kathy Castor (Democratic)Eleanor Holmes Norton (Democratic)Bonnie Watson Coleman (Democratic)Norma J. Torres (Democratic)Jamie Raskin (Democratic)Joe Neguse (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)James P. McGovern (Democratic)Peter Welch (Democratic)Earl Blumenauer (Democratic)Jesús G. "Chuy" García (Democratic)Jason Crow (Democratic)Rashida Tlaib (Democratic)Ayanna Pressley (Democratic)Alcee L. Hastings (Democratic)Debbie Wasserman Schultz (Democratic)Chellie Pingree (Democratic)

Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

Immigration

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Congressional oversightDepartment of Homeland SecurityDetention of personsGovernment information and archivesGovernment studies and investigationsImmigration status and proceduresLaw enforcement administration and funding