[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3473 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3473
To require a report on detainees in the custody of U.S. Customs and
Border Protection, U.S. Immigration and Customs Enforcement, or the
Office of Refugee Resettlement (ORR), and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Vasquez (for himself, Ms. Budzinski, and Mr. Vargas) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Homeland Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require a report on detainees in the custody of U.S. Customs and
Border Protection, U.S. Immigration and Customs Enforcement, or the
Office of Refugee Resettlement (ORR), 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 ``Humane Accountability Act''.
SEC. 2. REPORTS RELATING TO CERTAIN DETAINEES.
(a) Information to Congress.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report containing information relating to the
following:
(1) The number of U.S. Customs and Border Protection (CBP)
and U.S. Immigration and Customs Enforcement (ICE) encounters
that have occurred since January 21, 2025, that have resulted
in the detention of a noncitizen, including the names and
nationalities of the individuals affected and an identification
of the legal or other authority under which each such detention
occurred.
(2) The number of CBP and ICE encounters that have occurred
since January 21, 2025, at sensitive or protected locations,
including schools, places of worship, hospitals, child care
centers, courthouses, and other locations where minor children
may be present.
(3) The total number of removals that have occurred since
January 21, 2025, including the names, nationalities, and alien
numbers of the individuals affected, an identification of the
legal or other authority under which each such removal
occurred, and an identification of the countries to which such
individuals were removed.
(4) The names and nationalities of any noncitizens who have
been removed to the Terrorism Confinement Center (CECOT) in El
Salvador or to Guantanamo Bay, including those who were not
subject to a final order of removal.
(b) Report on DHS and HHS Detainees.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Health and Human Services shall jointly
submit to Congress and the Comptroller General of the United
States a report regarding detainees in the custody of U.S.
Customs and Border Protection (CBP), U.S. Immigration and
Customs Enforcement (ICE), or the Office of Refugee
Resettlement (ORR), as the case may be. Such report shall
include information relating to the following:
(A) All instances of assault or abuse against
detainees while in custody either by an officer, staff,
or other detainee that requires medical attention.
(B) All reports of sexual assault on detainees
while in custody, as well as any findings from
subsequent investigations into each such assault.
(C) All reports of instances of local law
enforcement being called to a facility, including
emergency responders.
(D) All reports of instances in which a detainee
was transferred from a facility for medical care
requiring overnight hospitalization.
(E) All instances of detainee deaths while in
custody.
(F) The frequency and topic of complaints submitted
to authorities at detention centers by detainees or
their families regarding abuse, sexual assault, staff
neglect, staff retaliation, lack of proper resources or
amenities, or deaths, as well as any action taken by
such authorities to address and remedy such complaints.
(G) The frequency of complaints submitted by
detainees or their families relating to lack of access
to legal counsel as well as any action taken by such
authority to address and remedy such complaints.
(2) GAO recommendations.--Not later than 90 days after
receipt of the report required under paragraph (1), the
Comptroller General of the United States shall submit to
Congress a list of recommendations to address the instances,
reports, and complaints included in such report, as well as
additional recommendations relating to the following:
(A) The effects of closures of the United States
Citizenship and Immigration Services (USCIS) Ombudsman,
the Office for Civil Rights and Civil Liberties (CRCL)
of the Department of Homeland Security, and the
Immigration Detention Ombudsman (OIDO) of the
Department of Homeland Security on the ability to file
reports of assaults, abuse, or improper actions against
those in the custody of the Department of Homeland
Security or the Department of Health and Human
Services, as the case may be.
(B) Ensuring compliance with all applicable legal
visitation and access requirements.
(C) Ensuring the Offices of the Inspectors General
or the Department of Homeland Security and the
Department of Health and Human Services increase
regular reviews of detention facilities and compliance
with all applicable due process and civil rights
protections.
(D) Improving the process for tracking the location
of detainees while in custody, including making
publicly available information related to current
location of such detainees, all transfers to facilities
operated or controlled by the Department of Homeland
Security or the Office of Refugee Resettlement of the
Department of Health and Human Services, as the case
may be, throughout the entirety of the relevant removal
process, and ensuring the ICE Online Detainee Locator
System reflects the final repatriation location for
individuals who have been removed.
(c) Notice Relating to Detention at Non-Tradition Locations.--
(1) In general.--Not later than 60 days before the
Secretary of Homeland Security or the Secretary of Health and
Human Services plans to utilize a non-traditional location
described in paragraph (3) for the detention of a detainee
(including a non-citizen minor or family unit) in the custody
of U.S. Customs and Border Protection (CBP), U.S. Immigration
and Customs Enforcement (ICE), or the Office of Refugee
Resettlement (ORR) of the Department of Health and Human
Services, as the case may be, the Secretary of Homeland
Security or the Secretary of Health and Human Services, as
appropriate, shall, in coordination with the Attorney General,
the Secretary of Defense, and the head of any other relevant
Federal department or agency, submit to Congress a notification
regarding such plans.
(2) Elements.--A notification under paragraph (1) shall
also include information relating to the following:
(A) The type and specific location for the
nontraditional detention location.
(B) A justification for utilization.
(C) The number of detention beds that will be
utilized.
(D) Details of efforts to ensure compliance with
all reporting, access, and due process requirements.
(E) A copy of detention standard of care that will
be applied, including facilitation of access to medical
services.
(F) A timeline, estimated costs, budget, and
utilized funds.
(G) A copy of any agreements for use of the
nontraditional location, including a record of any
funding or proposed payments.
(3) Non-traditional locations described.--A non-traditional
location described in this paragraph is any of the following:
(A) Any building, grounds, or property under the
jurisdiction, custody, or control of the Department of
Defense.
(B) Any building, grounds, or property located on
Indian lands (as such term is defined in section 502.12
of title 25, Code of Federal Regulations).
(C) Any lands outside the external boundary of the
continental United States.
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