The Department of Homeland Security or any other Federal agency may not initiate the construction, acquisition, renovation, or operation of, or otherwise acquire an interest in real property to be used as, a new processing site or detention center for U.S. Immigration and Customs Enforcement until—
(1)
the relevant Federal agency issues a public notice in the Federal Register that—
(A)
is open for public comments for a period lasting at least 30 days;
(B)
describes the scope of the construction, acquisition, renovation, or operation;
(C)
includes information regarding such agency's due diligence process, which shall explain how such agency will comply with—
(i)
Federal guidance and standards related to immigration detention; and
(ii)
applicable environmental regulations;
(D)
includes any other information or documentation relevant to such new processing site or detention center; and
(E)
includes an economic impact analysis and an engineering review that addresses the site or center's waste exportation, water usage, and electrical demand;
(2)
after the conclusion of the public comment period, the head of the relevant Federal agency—
(A)
considers and responds to significant comments received in accordance with subchapter II of chapter 5 of title 5, United States Code; and
(B)
enters into a signed, written agreement with appropriate local government officials and the Governor of the State in which such processing site or detention center will be located that authorizes such construction, acquisition, renovation, or operation, as applicable; and
(3)
at least 30 days has elapsed since the head of the relevant Federal agency submitted a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Appropriations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Appropriations of the House of Representatives, and the Committee on the Judiciary of the House of Representatives regarding such planned construction, acquisition, renovation, or operation that includes a fully executed copy of the agreement described in paragraph (2).