H.R. 3473: Humane Accountability Act

This bill, titled the Humane Accountability Act, aims to enhance transparency and reporting on the treatment and circumstances of individuals detained by U.S. federal agencies related to immigration. Specifically, it requires various reports to Congress regarding detainees held by U.S. Customs and Border Protection (CBP), U.S. Immigration and Customs Enforcement (ICE), and the Office of Refugee Resettlement (ORR). Below is a summary of its main provisions:

Report on Detainees

The Secretary of Homeland Security is mandated to submit a detailed report to Congress within 30 days of the bill’s enactment. This report will include:

• The number of encounters with CBP and ICE resulting in the detention of noncitizens since January 21, 2025, including personal information about the detainees and the legal basis for their detention.
• The number of such encounters that occurred in sensitive areas, such as schools and hospitals.
• The total number of individuals removed from the United States, including relevant personal information and the countries they were sent to.
• Details of any noncitizens removed to specific facilities such as the Terrorism Confinement Center in El Salvador and Guantanamo Bay, even if they were not subject to a final order of removal.

Joint Report on Detainees in Custody

Within 60 days of enactment, the Secretary of Homeland Security and the Secretary of Health and Human Services must jointly provide Congress and the Comptroller General with a report regarding detainees. This report will address:

• Instances of assault or abuse against detainees requiring medical attention.
• Reports of sexual assault against detainees and findings from any investigations.
• Records of local law enforcement being called to detention facilities, including emergency responses.
• Instances where detainees were transferred for medical care necessitating hospitalization.
• Reports of detainee deaths while in custody.
• The frequency and nature of complaints made by detainees or their families regarding conditions or treatment, and actions taken in response.
• Complaints regarding access to legal counsel and respective responses.

Recommendations

The Comptroller General of the United States is required to submit recommendations within 90 days after receiving the above report. These recommendations will aim to address issues highlighted in the report and may cover:

• The impact of previous closures of oversight offices on the ability to report abuse.
• Compliance with legal visitation and access requirements.
• Increased reviews of detention facilities by relevant inspectors general to ensure compliance with civil rights protections.
• Improvements in tracking detainee locations and making this information publicly accessible.

Notice of Non-Traditional Detention Locations

Before utilizing non-traditional locations for detaining individuals (including non-citizen minors or family units), the Secretaries of Homeland Security and Health and Human Services must notify Congress at least 60 days in advance. This notice will include:

• The specific location and type of facility to be used.
• A justification for its use.
• The number of detention beds planned for use.
• Details about compliance with reporting and due process requirements.
• A standard care document outlining access to medical services.
• A timeline with estimated costs and budget details.
• Copies of any agreements for the use of the location, along with any funding details.

Non-traditional locations may include federal properties controlled by the Department of Defense, lands located on Indian reservations, or locations outside of the continental United States.

Relevant Companies

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