Section 1 Short titles
This Act may be cited as the “Location Updates for Custody and Transparency Enforcement Act” or the “LOCATE Act”.
Location Updates for Custody and Transparency Enforcement Act
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.
Sec. 2 Definitions
In this Act:
Custody event— The term custody event means, with respect to an individual in immigration detention, any of the following:
Initial intake or placement into custody by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
Transfer from one detention facility to another detention facility.
Release from custody.
Removal from the United States.
Death.
Any other significant change in status that materially affects the individual’s location or custodial status.
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
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.
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.
Data accuracy— The Online Detainee Locator System shall include, for each detainee—
the full name and date of birth of the detainee;
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;
the date of initial apprehension and most recent transfer of such detainee, if applicable;
any scheduled release, removal, or transfer date for such detainee, if known; and
information regarding the release, deportation, or death of such detainee, if applicable.
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
Inspector General audits— The Inspector General of the Department of Homeland Security shall—
conduct annual audits to evaluate the Department of Homeland Security's compliance with the requirements under section 3; and
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.
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.