[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1817 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1817

To require the Secretary to implement standards for short-term custody 
of individuals held in facilities of U.S. Customs and Border Protection 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 12 (legislative day, December 11), 2013

  Mrs. Boxer introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Secretary to implement standards for short-term custody 
of individuals held in facilities of U.S. Customs and Border Protection 
                        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 ``Humane Short Term Custody Act''.

SEC. 2. STANDARDS FOR SHORT-TERM CUSTODY BY U.S. CUSTOMS AND BORDER 
              PROTECTION.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall, in 
consultation with the Office for Civil Rights and Civil Liberties of 
the Department of Homeland Security, prescribe regulations establishing 
standards for short-term custody of individuals by U.S. Customs and 
Border Protection that provide for basic minimums of care at all 
facilities of U.S. Customs and Border Protection that hold individuals 
in custody, including Border Patrol stations, ports of entry, 
checkpoints, forward operating bases, secondary inspection areas, and 
short-term custody facilities.
    (b) Requirements.--
            (1) In general.--The regulations prescribed under 
        subsection (a) shall include standards with respect to the 
        following:
                    (A) Limits on detention space capacity.
                    (B) The availability of potable water and food.
                    (C) Access to bathroom facilities and hygiene 
                items.
                    (D) Sleeping arrangements for detainees held 
                overnight.
                    (E) Adequate climate control.
                    (F) Access to language-appropriate forms and 
                materials that include an explanation of the 
                consequences of signing such forms.
                    (G) Pregnant women and individuals with medical 
                needs.
                    (H) Reasonable accommodations in accordance with 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12101 et seq.).
                    (I) Access to emergency medical care, if necessary.
                    (J) Access to facilities by nongovernmental 
                organizations.
                    (K) Transferring detainees to facilities of U.S. 
                Immigrations and Customs Enforcement.
                    (L) Returning personal property to former 
                detainees.
            (2) Additional standards.--The Secretary of Homeland 
        Security may prescribe such additional standards with respect 
        to the short-term custody of individuals as the Secretary 
        considers appropriate.
            (3) Consistency with the prison rape elimination act of 
        2003.--The regulations prescribed under subsection (a) shall be 
        fully consistent with the national standards required under 
        section 8(c) of the Prison Rape Elimination Act of 2003 (42 
        U.S.C. 15607(c)).
    (c) Inspections.--The Inspector General of the Department of 
Homeland Security shall--
            (1) inspect the facilities described in subsection (a) not 
        less frequently than annually; and
            (2) make the results of the inspections available to the 
        public without the need to submit a request under section 552 
        of title 5, United States Code.
    (d) Certification.--Not later than 18 months after the issuance of 
the regulations required by subsection (a), the Secretary of Homeland 
Security shall certify to Congress that the regulations have been fully 
implemented.
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