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H.R. 9374IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 9374

U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement online detainee locator system

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(a) In general The Secretary of Homeland Security (in this section referred to as the Secretary) shall develop and maintain an online detainee locator system for individuals in the custody of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. (b) Requirements for detainee locator system The online detainee locator system developed under this section shall— (1) be made publicly accessible on the Department of Homeland Security website; (2) be made available in— (A) English; (B) Spanish; (C) Haitian Creole; (D) any other language, as determined by the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, to be among the 10 most spoken first-languages of individuals based on data collected by U.S. Customs and Border Protection with respect to nationwide encounters at any point in the preceding fiscal year; and (E) any other language necessary, pursuant to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which prohibits discrimination on the basis of national origin; (3) include a search function tool that permits a user of such system to search for an individual in the custody of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement by inputting— (A) the alien registration number of such individual; (B) the complete name of such individual; or (C) the country of birth and date of birth of such individual; and (4) with respect to any search results produced by the search function tool described in paragraph (3), display non-exact matches for first and last names. (c) Required detainee information (1) In general Upon implementation of the online detainee locator system developed under this section, not later than 8 hours after an individual is detained by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, the Secretary shall make available to such system the following information: (A) The alien registration number of such individual. (B) The complete name of such individual. (C) The date of birth of such individual. (D) The country of birth of such individual. (E) The date and time such individual was taken into custody by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. (F) The name and address of the facility or location at in which such individual is located. (G) The contact information for such facility or location including a telephone number. (2) Transfer If U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement transfers an individual described in paragraph (1) to a different facility or location, or to a different Federal, State, local, or Tribal law enforcement agency, the Secretary shall make available, not later than 8 hours after commencement of such transfer, in addition to the information required under paragraph (1)— (A) any updated information with respect to paragraph (1)(E) through (G); (B) a time-stamped log of any transfers of such individual; and (C) in the case of a transfer that requires such individual to be in transit for more than 5 hours— (i) the address of the facility or location from and to which such individual is being transferred; (ii) the mode of transportation being used to transfer such individual; and (iii) the estimated time of arrival. (3) Protection of minors Any information described under paragraphs (1) or (2) that pertains to an individual under the age of 18, may not be made available to the online detainee locator system developed under this section. (d) Information Data retention Any information made available under subsection (c) to the online detainee locator system developed under this section shall be retained on such system for not less than 60 days after an individual is— (1) released from the custody U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement; or (2) removed from the United States. (e) Compliance (1) The Secretary shall make available a publicly accessible and secure online form for any family member or legal representative of an individual in the custody of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement to report, with respect to such individual, any missing, incorrect, or out-of-date information on the online detainee locator system developed under this section. (2) Not later than 1 week after receiving a report submitted pursuant to subsection (e)(1), the Secretary shall— (A) acknowledge receipt of such report; and (B) resolve such report. (f) Penalty (1) In general With respect to an employee that fails to comply with this section, the Director of Immigration and Customs Enforcement or the Commissioner of Customs and Border Protection shall investigate such failure, and as appropriate, may, pursuant to subchapter II of chapter 75 of title 5, United States Code— (A) furlough such employee; (B) reduce the pay or grade of such employee; or (C) suspend such employee for not more than 30 days. (2) Further investigation After an investigation pursuant to subsection (f)(1), the Director of Immigration and Customs Enforcement or the Commissioner of Customs and Border Protection shall refer such investigation to the Inspector General of the Department of Homeland Security for further investigation. (3) Contracts The Secretary may not renew a contract for any facility or contractor that failed to provide timely or accurate data for the online detainee locator developed under this section.