Prohibitions on the Department of Homeland Security with respect to full-body restraints

(a)

In general

Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section:

714.

Prohibitions with respect to full-body restraints

(a)

In general

The Secretary may not—(1)obligate or expend Federal funds for the acquisition of, or(2)utilize,

a full-body restraint.

(b)

Saving provision

The prohibition under subsection (a)(1) does not apply with respect to a contract or other similar type agreement entered into on or before the date of the enactment of this section.(c)

Federal service

If an officer or employee of the Department in the course of employment with the Department—(1)violates a prohibition under subsection (a), or(2)deceives Congress or departmental leadership, as described in section 454, on a matter related to such prohibition,

the Secretary, through the employee discipline and adverse action programs referred to in section 704(b)(10), shall remove such officer or employee, as the case may be, from Federal service.

(d)

Reports

(1)

In general

Not later than 90 days after the date of the enactment of this section and quarterly thereafter, the Secretary shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that includes the following:(A)Information relating to departmental compliance with the prohibitions under subsection (a).(B)An accounting of the full-body restraints, if any, in the possession of the Department.(2)

Contents

If the prohibition under subsection (a)(2) is violated, the applicable report under paragraph (1) shall include, to the extent practicable, the following with respect to such violation:(A)An identification of the following:(i)The individual with respect to whom personnel of the Department utilized a full-body restraint.(ii)If applicable, each field office to which such personnel are assigned or deployed, as the case may be.(B)Information relating to the following:(i)The reason for such utilization.(ii)The age, sex, race, and ethnicity of such individual.(iii)The period of time for which such restraint was so utilized.(iv)The citizenship or immigration status of such individual.(v)Whether such individual was injured in the course of being placed in such restraint.(vi)Whether subsequent to such placement such individual was injured as a result of such utilization.(vii)The component of the Department through which such utilization was carried out.(viii)The location at which, or the transportation route on which, such utilization was carried out.(ix)The language access services, if any, available to such individual immediately before and during such utilization.(C)An identification of the officer or employee of the Department who is responsible for such utilization.(D)Information relating to the following:(i)Whether such officer or employee, as the case may be, during such utilization was a doctor, nurse, or other health professional, qualified to determine whether such utilization would injure such individual.(ii)If clause (i) is answered in the affirmative, such qualifications. (e)

Full-Body restraints defined

In this section, the term full-body restraints means four-point and five-point restraints that immobilize an individual.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 713 the following new item:

Sec. 714. Prohibitions with respect to full-body restraints.