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. Hernández) 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
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.
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.