I 

117TH CONGRESS 

1ST SESSION H. R. 3174 

To increase transparency and accountability with respect to establishing and 

operating temporary influx facilities of the Department of Health and 

Human Services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. PFLUGER introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To increase transparency and accountability with respect to 

establishing and operating temporary influx facilities of 

the Department of Health and Human Services, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Migrant Facility 

5 Transparency Act of 2021’’. 

6 SEC. 2. TRANSPARENCY RESPECTING TEMPORARY INFLUX 

7 FACILITIES. 

8 (a) ESTABLISHMENT OF NEW FACILITIES.— 


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1 (1) IN GENERAL.—The Secretary of Health and 

2 Human Services— 

3 (A) before selecting any site for use as a 

4 temporary influx facility of the Department of 

5 Health and Human Services, shall— 

6 (i) not fewer than 7 days before final7 izing such selection, give notice under 

8 paragraph (2) of the proposed selection to 

9 the relevant Federal, State, and local offi10 cials; and 

11 (ii) coordinate with such officials to 

12 evaluate the proposed selection; and 

13 (B) if within 3 business days of receipt of 

14 a notice under paragraph (2) the chief executive 

15 official of the municipality or county that in16 cludes the location of the proposed temporary 

17 influx facility transmits a notice to the Sec18 retary opposing the proposed location, shall not 

19 select such location. 

20 (2) NOTICE.—A notice under this paragraph 

21 shall be in writing and include each of the following: 

22 (A) An assurance of advanced notification 

23 of the siting decision. 

24 (B) The proposed scope of operations of 

25 the temporary influx facility and any proposed 


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1 or anticipated deviation from the existing poli2 cies of the Office of Refugee Resettlement for 

3 children entering the United States. 

4 (C) A strategy for termination of oper5 ations of the proposed temporary influx facility. 

6 (D) The date by which such operations are 

7 planned to terminate. 

8 (E) A strategy to report to the relevant 

9 Federal, State, and local officials on a daily 

10 basis— 

11 (i) the number of migrants at the 

12 temporary influx facility; 

13 (ii) the number of migrants processed 

14 in and out of the facility since the previous 

15 report; 

16 (iii) the ratio of supervising adults to 

17 children at the facility; and 

18 (iv) updates on health, security, and 

19 other issues at or related to the facility. 

20 (b) SCOPE OF OPERATIONS.—The Secretary of 

21 Health and Human Services shall immediately notify the 

22 relevant Federal, State, and local officials— 

23 (1) at least 7 calendar days before making any 

24 change in— 


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1 (A) the scope of operations of a temporary 

2 influx facility; 

3 (B) the strategy for termination of oper4 ations of such a facility; or 

5 (C) the date by which operations at such 

6 a facility are planned to terminate; and 

7 (2) upon the occurrence of any major security 

8 or safety incident at such a facility. 

9 (c) DEFINITIONS.—In this subsection: 

10 (1) The term ‘‘relevant Federal, State, and 

11 local officials’’ means, with respect to the location, 

12 or proposed location, of a temporary influx facility, 

13 the following officials: 

14 (A) The Governor of the State. 

15 (B) The Attorney General of the State. 

16 (C) Judges of the county. 

17 (D) The mayor of any municipality that 

18 includes such location. 

19 (E) The chief prosecuting attorney for the 

20 jurisdiction. 

21 (F) Local law enforcement officials. 

22 (G) Local health officials. 

23 (H) Federal and State legislators elected 

24 to represent the State or district including such 

25 location. 


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1 (2) The term ‘‘temporary influx facility’’ in2 cludes any emergency intake site or influx care cen3 ter of the Office of Refugee Resettlement. 

4 SEC. 3. REPORT. 

5 (a) IN GENERAL.—Not later than 14 days after the 

6 date of enactment of this Act, the Secretary of Health and 

7 Human Services shall submit to the appropriate congres8 sional committees a report on all temporary influx facili9 ties of the Department of Health and Human Services. 

10 (b) CONTENTS.—The report under subsection (a) 

11 shall— 

12 (1) address internal and external protocols, re13 quirements, and training (including cooperation with 

14 local law enforcement) for serious crimes alleged or 

15 found to have been committed at a temporary influx 

16 facility, including sexual misconduct, sexual abuse, 

17 and sexual assault; and 

18 (2) include recommendations to ensure the safe19 ty of all visitors, staff, and migrants at a temporary 

20 influx facility. 

21 (c) FAILURE TO SUBMIT REPORT.—If the Secretary 

22 of Health and Human Services fails to submit the report 

23 required by subsection (a) by the deadline referred to in 

24 such subsection, the Secretary shall immediately pause all 

25 intake processing activities at all temporary influx faciliVerDate Sep 11 2014 01:11 Jun 12, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3174.IH H3174

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1 ties of the Department of Health and Human Services 

2 until such time as the report is submitted. 

3 (d) DEFINITION.—In this section: 

4 (1) The term ‘‘appropriate congressional com5 mittees’’ includes— 

6 (A) the Committees on Energy and Com7 merce and Homeland Security of the House of 

8 Representatives; and 

9 (B) the Committees on Homeland Security 

10 and Governmental Affairs and Judiciary of the 

11 Senate. 

12 (2) The term ‘‘temporary influx facility’’ has 

13 the meaning given to such term in section 2. 

Æ 


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