[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3995 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 3995

To require U.S. Customs and Border Protection and U.S. Immigration and 
   Customs Enforcement to timely update the Online Detainee Locator 
                    System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2026

   Mr. Lujan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require U.S. Customs and Border Protection and U.S. Immigration and 
   Customs Enforcement to timely update the Online Detainee Locator 
                    System, 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 TITLES.

    This Act may be cited as the ``Location Updates for Custody and 
Transparency Enforcement Act'' or the ``LOCATE Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Custody event.--The term ``custody event'' means, with 
        respect to an individual in immigration detention, any of the 
        following:
                    (A) Initial intake or placement into custody by 
                U.S. Customs and Border Protection or U.S. Immigration 
                and Customs Enforcement.
                    (B) Transfer from one detention facility to another 
                detention facility.
                    (C) Release from custody.
                    (D) Removal from the United States.
                    (E) Death.
                    (F) Any other significant change in status that 
                materially affects the individual's location or 
                custodial status.
            (2) Online detainee locator system.--The term ``Online 
        Detainee Locator System'' means the online system maintained by 
        U.S. Immigration and Customs Enforcement for the purposes of 
        tracking detainees in its custody or the custody of U.S. 
        Customs and Border Protection.

SEC. 3. TIMELY REPORTING OF DETAINEE CUSTODY EVENTS.

    (a) Timely Updates.--Not later than 6 hours after any custody event 
affecting an individual in the custody of U.S. Customs and Border 
Protection or not later than 12 hours after any custody event affecting 
an individual in the custody of U.S. Immigration and Customs 
Enforcement, the Online Detainee Locator System shall be updated to 
accurately reflect such individual's current custodial status and 
location.
    (b) Transfers Between CBP and ICE.--If an individual who was 
initially taken into custody by U.S. Customs and Border Protection is 
subsequently transferred to U.S. Immigration and Customs Enforcement, 
U.S. Customs and Border Protection shall provide all relevant 
biographical and custodial information relating to such individual to 
U.S. Immigration and Customs Enforcement not later than 4 hours after 
such transfer to facilitate timely entry into the Online Detainee 
Locator System.
    (c) Data Accuracy.--The Online Detainee Locator System shall 
include, for each detainee--
            (1) the full name and date of birth of the detainee;
            (2) the current facility where the detainee is being held, 
        including the address of such facility and the contact 
        information for a knowledgeable official at such facility;
            (3) the date of initial apprehension and most recent 
        transfer of such detainee, if applicable;
            (4) any scheduled release, removal, or transfer date for 
        such detainee, if known; and
            (5) information regarding the release, deportation, or 
        death of such detainee, if applicable.
    (d) Rule of Construction.--Nothing in this section may be construed 
to supersede or replace any requirement that U.S. Customs and Border 
Protection and U.S. Immigration and Customs Enforcement report in-
custody deaths in accordance with section 3 of the Death in Custody 
Reporting Act of 2013 (42 U.S.C. 13727a).

SEC. 4. ENFORCEMENT AND ACCOUNTABILITY.

    (a) Inspector General Audits.--The Inspector General of the 
Department of Homeland Security shall--
            (1) conduct annual audits to evaluate the Department of 
        Homeland Security's compliance with the requirements under 
        section 3; and
            (2) submit annual reports to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives that summarize the findings of such audits.
    (b) Timely Notification of Family or Representatives.--Not later 
than 12 hours after a custody event involving a detainee, reasonable 
efforts shall be made to notify close family members or legal 
representatives of such detainee, if known, of such custody event.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date that is 30 days after the 
date of the enactment of this Act.
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