Applicability

(a) Covered deaths The requirements of this Act apply with respect to every covered death, including a death occurring during or at the conclusion of a serious illness or serious injury suffered by an individual in custody and a death occurring within 30 days after an individual is released from custody, notwithstanding any release from custody effected during a medical emergency or episode of medical treatment and notwithstanding any policy, directive, or guidance of the Department of Homeland Security. (b) Contract and intergovernmental facilities (1) In general This Act applies with respect to every covered facility without regard to the ownership or operation of the facility. (2) Contract terms Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that every contract, subcontract, and intergovernmental service agreement for the operation of a covered facility requires compliance with this Act as a material term, requires immediate reporting to U.S. Immigration and Customs Enforcement of any death or a serious illness or serious injury suffered by an individual in custody, and provides that failure to comply— (A) shall result in the civil penalties described in paragraph (3); and (B) in the case of 2 or more such failures at the same covered facility during any 12-month period, shall result in termination of the contract, subcontract, or agreement, and debarment of the contractor from any contract or agreement for the operation of a covered facility for a period of 3 years. (3) Civil penalty (A) In general A contractor (including any subcontractor thereof) that violates this Act, shall be subject to a civil penalty in the amount of $100,000 for each day a notification required by this Act remains unmade. (B) No waiver The Secretary may not waive, reduce, or reimburse a contractor for any penalty under this paragraph. (C) Family Notification Fund There is established in the general fund of the Treasury an account to be known as the Family Notification Fund. Amounts collected as fines under this paragraph shall be deposited into the fund and shall remain available until expended to pay awards of damages under section 6 that are imposed against the United States. Such amounts may not be retained or used by the Department of Homeland Security.