[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3174 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3174
To increase transparency and accountability with respect to
establishing and operating temporary influx facilities of the
Department of Health and Human Services, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2021
Mr. Pfluger introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To increase transparency and accountability with respect to
establishing and operating temporary influx facilities of the
Department of Health and Human Services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migrant Facility Transparency Act of
2021''.
SEC. 2. TRANSPARENCY RESPECTING TEMPORARY INFLUX FACILITIES.
(a) Establishment of New Facilities.--
(1) In general.--The Secretary of Health and Human
Services--
(A) before selecting any site for use as a
temporary influx facility of the Department of Health
and Human Services, shall--
(i) not fewer than 7 days before finalizing
such selection, give notice under paragraph (2)
of the proposed selection to the relevant
Federal, State, and local officials; and
(ii) coordinate with such officials to
evaluate the proposed selection; and
(B) if within 3 business days of receipt of a
notice under paragraph (2) the chief executive official
of the municipality or county that includes the
location of the proposed temporary influx facility
transmits a notice to the Secretary opposing the
proposed location, shall not select such location.
(2) Notice.--A notice under this paragraph shall be in
writing and include each of the following:
(A) An assurance of advanced notification of the
siting decision.
(B) The proposed scope of operations of the
temporary influx facility and any proposed or
anticipated deviation from the existing policies of the
Office of Refugee Resettlement for children entering
the United States.
(C) A strategy for termination of operations of the
proposed temporary influx facility.
(D) The date by which such operations are planned
to terminate.
(E) A strategy to report to the relevant Federal,
State, and local officials on a daily basis--
(i) the number of migrants at the temporary
influx facility;
(ii) the number of migrants processed in
and out of the facility since the previous
report;
(iii) the ratio of supervising adults to
children at the facility; and
(iv) updates on health, security, and other
issues at or related to the facility.
(b) Scope of Operations.--The Secretary of Health and Human
Services shall immediately notify the relevant Federal, State, and
local officials--
(1) at least 7 calendar days before making any change in--
(A) the scope of operations of a temporary influx
facility;
(B) the strategy for termination of operations of
such a facility; or
(C) the date by which operations at such a facility
are planned to terminate; and
(2) upon the occurrence of any major security or safety
incident at such a facility.
(c) Definitions.--In this subsection:
(1) The term ``relevant Federal, State, and local
officials'' means, with respect to the location, or proposed
location, of a temporary influx facility, the following
officials:
(A) The Governor of the State.
(B) The Attorney General of the State.
(C) Judges of the county.
(D) The mayor of any municipality that includes
such location.
(E) The chief prosecuting attorney for the
jurisdiction.
(F) Local law enforcement officials.
(G) Local health officials.
(H) Federal and State legislators elected to
represent the State or district including such
location.
(2) The term ``temporary influx facility'' includes any
emergency intake site or influx care center of the Office of
Refugee Resettlement.
SEC. 3. REPORT.
(a) In General.--Not later than 14 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall submit to
the appropriate congressional committees a report on all temporary
influx facilities of the Department of Health and Human Services.
(b) Contents.--The report under subsection (a) shall--
(1) address internal and external protocols, requirements,
and training (including cooperation with local law enforcement)
for serious crimes alleged or found to have been committed at a
temporary influx facility, including sexual misconduct, sexual
abuse, and sexual assault; and
(2) include recommendations to ensure the safety of all
visitors, staff, and migrants at a temporary influx facility.
(c) Failure To Submit Report.--If the Secretary of Health and Human
Services fails to submit the report required by subsection (a) by the
deadline referred to in such subsection, the Secretary shall
immediately pause all intake processing activities at all temporary
influx facilities of the Department of Health and Human Services until
such time as the report is submitted.
(d) Definition.--In this section:
(1) The term ``appropriate congressional committees''
includes--
(A) the Committees on Energy and Commerce and
Homeland Security of the House of Representatives; and
(B) the Committees on Homeland Security and
Governmental Affairs and Judiciary of the Senate.
(2) The term ``temporary influx facility'' has the meaning
given to such term in section 2.
<all>