[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9113 Introduced in House (IH)]

<DOC>






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.
                                 <all>