Migrant Facility Transparency Act of 2021
Bill: H.R.3174 | Sponsor: Rep. Pfluger, August (R-TX)
Policy area: Immigration

Summary:
Migrant Facility Transparency Act of 2021
This bill allows a municipality or county to block the establishment of a temporary influx facility within its borders and addresses other related issues. (Generally, these temporary facilities provide shelter capacity when there is a large increase in the number of migrants arriving into the United States.)
Specifically, the Department of Health and Human Services (HHS) must, at least seven days before selecting a site for such a facility, provide certain information about the planned facility to specified federal, state, and local officials, including officials for the municipality or county where the facility will be located. If the municipality or county notifies HHS of its opposition to the facility within three days of receiving the information, HHS may not establish the facility at that location.
HHS must also notify the relevant federal, state, and local officials of (1) certain changes related to such a facility's operations, and (2) any major security or safety incident at the facility.
Within 14 days of this bill's enactment, HHS must report to Congress certain information about the safety of temporary influx facilities. If HHS does not meet this deadline, HHS must immediately pause all intake processing at such facilities until the report is submitted.

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.

    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 ``Migrant Facility Transparency Act of 
2021''.

SEC. 2. TRANSPARENCY RESPECTING TEMPORARY INFLUX FACILITIES.

    (a) Establishment of New Facilities.--
            (1) In general.--The Secretary of Health and Human 
        Services--
                    (A) before selecting any site for use as a 
                temporary influx facility of the Department of Health 
                and Human Services, shall--
                            (i) not fewer than 7 days before finalizing 
                        such selection, give notice under paragraph (2) 
                        of the proposed selection to the relevant 
                        Federal, State, and local officials; and
                            (ii) coordinate with such officials to 
                        evaluate the proposed selection; and
                    (B) if within 3 business days of receipt of a 
                notice under paragraph (2) the chief executive official 
                of the municipality or county that includes the 
                location of the proposed temporary influx facility 
                transmits a notice to the Secretary opposing the 
                proposed location, shall not select such location.
            (2) Notice.--A notice under this paragraph shall be in 
        writing and include each of the following:
                    (A) An assurance of advanced notification of the 
                siting decision.
                    (B) The proposed scope of operations of the 
                temporary influx facility and any proposed or 
                anticipated deviation from the existing policies of the 
                Office of Refugee Resettlement for children entering 
                the United States.
                    (C) A strategy for termination of operations of the 
                proposed temporary influx facility.
                    (D) The date by which such operations are planned 
                to terminate.
                    (E) A strategy to report to the relevant Federal, 
                State, and local officials on a daily basis--
                            (i) the number of migrants at the temporary 
                        influx facility;
                            (ii) the number of migrants processed in 
                        and out of the facility since the previous 
                        report;
                            (iii) the ratio of supervising adults to 
                        children at the facility; and
                            (iv) updates on health, security, and other 
                        issues at or related to the facility.
    (b) Scope of Operations.--The Secretary of Health and Human 
Services shall immediately notify the relevant Federal, State, and 
local officials--
            (1) at least 7 calendar days before making any change in--
                    (A) the scope of operations of a temporary influx 
                facility;
                    (B) the strategy for termination of operations of 
                such a facility; or
                    (C) the date by which operations at such a facility 
                are planned to terminate; and
            (2) upon the occurrence of any major security or safety 
        incident at such a facility.
    (c) Definitions.--In this subsection:
            (1) The term ``relevant Federal, State, and local 
        officials'' means, with respect to the location, or proposed 
        location, of a temporary influx facility, the following 
        officials:
                    (A) The Governor of the State.
                    (B) The Attorney General of the State.
                    (C) Judges of the county.
                    (D) The mayor of any municipality that includes 
                such location.
                    (E) The chief prosecuting attorney for the 
                jurisdiction.
                    (F) Local law enforcement officials.
                    (G) Local health officials.
                    (H) Federal and State legislators elected to 
                represent the State or district including such 
                location.
            (2) The term ``temporary influx facility'' includes any 
        emergency intake site or influx care center of the Office of 
        Refugee Resettlement.

SEC. 3. REPORT.

    (a) In General.--Not later than 14 days after the date of enactment 
of this Act, the Secretary of Health and Human Services shall submit to 
the appropriate congressional committees a report on all temporary 
influx facilities of the Department of Health and Human Services.
    (b) Contents.--The report under subsection (a) shall--
            (1) address internal and external protocols, requirements, 
        and training (including cooperation with local law enforcement) 
        for serious crimes alleged or found to have been committed at a 
        temporary influx facility, including sexual misconduct, sexual 
        abuse, and sexual assault; and
            (2) include recommendations to ensure the safety of all 
        visitors, staff, and migrants at a temporary influx facility.
    (c) Failure To Submit Report.--If the Secretary of Health and Human 
Services fails to submit the report required by subsection (a) by the 
deadline referred to in such subsection, the Secretary shall 
immediately pause all intake processing activities at all temporary 
influx facilities of the Department of Health and Human Services until 
such time as the report is submitted.
    (d) Definition.--In this section:
            (1) The term ``appropriate congressional committees'' 
        includes--
                    (A) the Committees on Energy and Commerce and 
                Homeland Security of the House of Representatives; and
                    (B) the Committees on Homeland Security and 
                Governmental Affairs and Judiciary of the Senate.
            (2) The term ``temporary influx facility'' has the meaning 
        given to such term in section 2.
                                 <all>