[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9113 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9113
To require the Secretary of Homeland Security to notify Congress of any
serious injury or death of any individual in the custody of the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 2, 2026
Mr. Walkinshaw (for himself, Mr. Thompson of Mississippi, Ms. Norton,
Mr. Goldman of New York, Mr. Correa, Mr. Krishnamoorthi, Mr. Carter of
Louisiana, Mr. Kennedy of New York, Mrs. McIver, Mr. Subramanyam, Mr.
Thanedar, Mr. Green of Texas, Ms. Mejia, and Mr. Hernandez) introduced
the following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on the Judiciary, 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 the Secretary of Homeland Security to notify Congress of any
serious injury or death of any individual in the custody of the
Department of Homeland Security, 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 ``Department of Homeland Security
Accountability Act of 2026''.
SEC. 2. NOTIFICATION AND INVESTIGATION OF SERIOUS INJURIES AND DEATHS
OF INDIVIDUALS IN DHS CUSTODY.
(a) Notification.--The Secretary of Homeland Security shall submit
to the appropriate congressional committees and appropriate Members of
Congress a notification with respect to any serious bodily injury or
death of an individual that occurs either while such individual is in
the custody of the Department of Homeland Security, or as a result of
any action, use of force, or other conduct by a Department employee,
contractor, or agent. Such notifications shall be submitted within 72
hours of the serious bodily injury or death at issue, and shall include
the following information:
(1) The date, time, and location of such serious bodily
injury or death.
(2) The circumstances of such serious bodily injury or
death, and the nationality of the individual so injured or
deceased.
(3) The components of the Department involved in such
serious bodily injury or death.
(4) Whether medical assistance was sought and, if
applicable, the time at which such assistance was sought and
the time at which such assistance was provided.
(5) A description of the use of force and de-escalation
tactics, if any, utilized during the incident at issue.
(6) If a firearm was discharged, a description of such
firearm and the number and type of ammunition rounds
discharged.
(7) If a less lethal device was utilized, a description of
such device and its use during such incident.
(8) A description of any injury sustained by an employee of
the Department.
(9) A description of all agencies, including State and
local agencies, participating in an investigation into such
serious bodily injury or death.
(b) Investigation.--
(1) In general.--The Secretary of Homeland Security shall
investigate all serious bodily injuries and deaths described in
subsection (a). Each such investigation shall--
(A) ensure such investigation is conducted by
employees of the Department of Homeland Security
outside the chain of command of the individual or
individuals being investigated;
(B) preserve for at least five years after the
completion of such investigation all video recordings
of individuals who suffered such serious bodily injury
or death;
(C) place on administrative leave until such
investigation is completed any employee of the
Department who inflicted such serious bodily injury or
utilized lethal force leading to such death;
(D) obtain any autopsies performed for any such
death;
(E) conduct a mortality review for any such death,
including a review of any medical assistance provided,
and whether the deceased individual's treatment
complied with relevant Department standards; and
(F) conduct a review of any medical assistance
provided to an individual who suffered serious bodily
injury, including a review of whether such individual's
treatment complied with relevant Department standards.
(2) Report.--Not later than seven days after the completion
of an investigation under paragraph (1), the Secretary of
Homeland Security shall submit to the appropriate congressional
committees a report regarding such investigation.
(c) Effective Date.--This section shall take effect and apply
beginning on the date that is seven days after the date of the
enactment of this Act.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security, Committee
on Appropriations, and Committee on Judiciary of the
House of Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs, Committee on Appropriations, and
the Committee on the Judiciary of the Senate.
(2) Appropriate members of congress.--The term
``appropriate Members of Congress'' means the Member of the
House of Representatives and the Senator who represent the
district and State, respectively, in which the serious bodily
injury or death at issue occurred.
(3) Serious bodily injury.--The term ``serious bodily
injury'' means any physical injury that involves any of the
following:
(A) Protracted and obvious disfigurement.
(B) Protracted loss or impairment of the function
of any of the following:
(i) A bodily member.
(ii) An organ.
(iii) Mental faculty.
(C) Substantial risk of death.
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