Short-Term Detention Standards Act

IIB 116TH CONGRESS 1ST SESSION H. R. 3670 IN THE SENATE OF THE UNITED STATES JULY 29, 2019 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To amend the Homeland Security Act of 2002 to ensure access to appropriate temporary shelter, food, and water for individuals apprehended by U.S. Customs and Border Protection, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:00 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.RFS H3670 kjohnson on DSK79L0C42 with BILLS 2 HR 3670 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Short-Term Detention 2 Standards Act’’. 3 SEC. 2. ACCESS TO APPROPRIATE TEMPORARY SHELTER, 4 FOOD, AND WATER DURING SHORT-TERM DE- 5 TENTION. 6 Paragraph (1) of section 411(m) of the Homeland 7 Security Act of 2002 (6 U.S.C. 211(m)) is amended to 8 read as follows: 9 ‘‘(1) ACCESS TO APPROPRIATE TEMPORARY 10 SHELTER, FOOD, AND WATER.—The Commissioner 11 shall make every effort to ensure the provision to an 12 individual apprehended by U.S. Customs and Border 13 Protection of appropriate temporary shelter with ac- 14 cess to bathroom and shower facilities, water, appro- 15 priate nutrition, hygiene, personal grooming items, 16 and sanitation needs.’’. 17 SEC. 3. AUDIT AND INSPECTIONS OF DETENTION FACILI- 18 TIES. 19 (a) OIG AND GAO.—The Inspector General of the 20 Department of Homeland Security and the Comptroller 21 General shall carry out regular audits and inspections, in- 22 cluding unannounced audits and inspections, of processes 23 (including recordkeeping) utilized by U.S. Customs and 24 Border Protection to conduct intake and process individ- 25 uals apprehended by U.S. Customs and Border Protection. 26 VerDate Sep 11 2014 23:00 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.RFS H3670 kjohnson on DSK79L0C42 with BILLS 3 HR 3670 RFS The Inspector General and Comptroller General shall, to 1 the extent possible, share information and coordinate to 2 ensure that Congress is provided timely audit and inspec- 3 tion information. 4 (b) CONGRESSIONAL ACCESS.—The Commissioner of 5 U.S. Customs and Border Protection may not— 6 (1) prevent a Member of Congress or an em- 7 ployee of the United States House of Representa- 8 tives or the United States Senate designated by such 9 a Member for the purposes of this section from en- 10 tering, for the purpose of conducting oversight, any 11 such facility; and 12 (2) make any temporary modification at any 13 such facility that in any way alters what is observed 14 by a visiting member of Congress or such designated 15 employee, compared to what would be observed in 16 the absence of such modification. 17 (c) PHOTOGRAPHS.—The Inspector General of the 18 Department of Homeland Security, Comptroller General, 19 a Member of Congress, or an employee of the United 20 States House of Representatives or United States Senate 21 shall be authorized to take photographs or video or audio 22 recordings of conditions in a facility but may not publish 23 VerDate Sep 11 2014 23:00 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.RFS H3670 kjohnson on DSK79L0C42 with BILLS 4 HR 3670 RFS photographs or video or audio recordings with personally 1 identifiable information without permission. 2 Passed the House of Representatives July 25, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:00 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3670.RFS H3670 kjohnson on DSK79L0C42 with BILLS