[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 458 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 458

To require investigations and reports regarding individuals who died in 
  the custody of certain Federal authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2021

Mr. Castro of Texas (for himself, Mr. Espaillat, Ms. Roybal-Allard, Mr. 
Vargas, Ms. Escobar, Ms. Velazquez, Ms. Garcia of Texas, Mr. Cardenas, 
 and Mr. Gallego) 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 investigations and reports regarding individuals who died in 
  the custody of certain Federal authorities, 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 ``Jakelin Caal Death in Custody 
Reporting Act of 2021''.

SEC. 2. INVESTIGATION AND REPORTING OF INDIVIDUALS WHO DIED IN THE 
              CUSTODY OF FEDERAL IMMIGRATION ENFORCEMENT AGENCIES.

    (a) Investigation.--
            (1) In general.--Not later than 30 days after the death of 
        an alien in the custody of the Department of Homeland Security, 
        the Secretary of Homeland Security shall conduct an 
        investigation into such death, which shall include a root cause 
        analysis that identifies any changes to policies, practices, 
        training curricula, staffing, or potential system-wide errors 
        that could reduce the probability of such an event in the 
        future. Such root cause analysis shall include consultation 
        with and input from appropriately qualified personnel, who, at 
        a minimum, shall consist of a medical professional qualified in 
        any field germane to such death, and shall be performed in 
        accordance with professional medical standards for 
        investigating sentinel events in medical care facilities, 
        including the Sentinel Event Policy promulgated by The Joint 
        Commission.
            (2) Public availability.--Not later than 30 days after the 
        conclusion of the investigation required under paragraph (1), 
        the Secretary of Homeland Security shall make publicly 
        available on the website of the Department of Homeland Security 
        a report describing the results of such investigation, 
        including the root cause analysis described in such paragraph.
    (b) Reporting.--
            (1) In general.--The Chief of the U.S. Border Patrol and 
        Director of U.S. Immigration and Customs Enforcement shall 
        submit to the appropriate congressional committees and post on 
        a publicly available website of the Department of Homeland 
        Security not later than 24 hours after the death of any 
        individual in the custody of the U.S. Border Patrol or U.S. 
        Immigration and Customs Enforcement, as the case may be, in the 
        temporary custody of other law enforcement agencies on behalf 
        of such agencies, or after the use of force by an agent or 
        officer of such agencies a report relating to each such death.
            (2) Elements.--Each report under paragraph (1) shall 
        include information that, at minimum, includes the following 
        with respect to each death that is the subject of each such 
        report:
                    (A) The name, gender, race, ethnicity, and age of 
                the deceased.
                    (B) The date, time, and location of such death.
                    (C) A description of the circumstances surrounding 
                such death.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means the Committee on the Judiciary 
        and the Committee on Homeland Security of the House of 
        Representatives and the Committee on the Judiciary and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate.

SEC. 3. INVESTIGATION AND REPORTING OF INDIVIDUALS WHO DIED IN THE 
              CUSTODY OF THE OFFICE OF REFUGEE RESETTLEMENT.

    (a) Investigation.--
            (1) In general.--Not later than 30 days after the death of 
        an alien in the custody of the Department of Health and Human 
        Services, the Secretary of Health and Human Services shall 
        conduct an investigation into such death, which shall include a 
        root cause analysis that identifies any changes to policies, 
        practices, training curricula, staffing, or potential system-
        wide errors that could reduce the probability of such an event 
        in the future. Such root cause analysis shall include 
        consultation with and input from appropriately qualified 
        personnel, who, at a minimum, shall consist of a medical 
        professional qualified in any field germane to such death, and 
        shall be performed in accordance with professional medical 
        standards for investigating sentinel events in medical care 
        facilities, including the Sentinel Event Policy promulgated by 
        The Joint Commission.
            (2) Public availability.--Not later than 30 days after the 
        conclusion of the investigation required under paragraph (1), 
        the Secretary of Health and Human Services shall make publicly 
        available on the website of the Department of Health and Human 
        Services a report describing the results of such investigation, 
        including the root cause analysis described in such paragraph.
    (b) Reporting.--
            (1) In general.--The Director of the Office of Refugee 
        Resettlement of the Department of Health and Human Services 
        shall submit to the appropriate congressional committees and 
        post on a publicly available website of the Department not 
        later than 24 hours after the death of any individual in the 
        custody of such Office a report relating to each such death.
            (2) Elements.--Each report under paragraph (1) shall 
        include information that, at minimum, includes the following 
        with respect to each death that is the subject of each such 
        report:
                    (A) The name, gender, race, ethnicity, and age of 
                the deceased.
                    (B) The date, time, and location of death.
                    (C) A description of the circumstances surrounding 
                the death.
            (3) Definition.--In this subsection, the term ``appropriate 
        congressional committees'' means the Committee on the Judiciary 
        of the House of Representatives and the Committee on the 
        Judiciary of the Senate.
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