S.Amdt. 1260

1. Adds SEC. 3722. STANDARDS FOR SHORT-TERM CUSTODY BY U.S. CUSTOMS AND BORDER PROTECTION at the end of subtitle G of title III

   Adds a section

   In S. 744 · Reported to Senate

   "(v) Such other locations as the Secretary of Homeland Security shall specify for purposes of this subsection.".

   Inserted: SEC. 3722. STANDARDS FOR SHORT-TERM CUSTODY BY U.S. CUSTOMS AND BORDER PROTECTION.

   Inserted: (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall, in consultation with the Office for Civil Rights and Civil Liberties of the Department, prescribe regulations establishing standards for short-term custody of aliens 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 aliens in custody, including Border Patrol stations, ports of entry, checkpoints, forward operating bases, secondary inspection areas, and short-term custody facilities.

   Inserted: (b) Requirements.--

   Inserted: (1) In general.--The regulations prescribed under subsection (a) shall include standards with respect to the following:

   Inserted: (A) Limits on detention space capacity.

   Inserted: (B) The availability of potable water and food.

   Inserted: (C) Access to bathroom facilities and hygiene items.

   Inserted: (D) Sleeping arrangements for detainees held overnight.

   Inserted: (E) Adequate climate control.

   Inserted: (F) Access to language-appropriate forms and materials that include an explanation of the consequences of signing such forms.

   Inserted: (G) Pregnant women and individuals with medical needs.

   Inserted: (H) Reasonable accommodations in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

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   Inserted: (I) Access to emergency medical care, if necessary.

   Inserted: (J) Access to facilities by nongovernmental organizations.

   Inserted: (K) Transferring detainees to facilities of U.S. Immigrations and Customs Enforcement and of the Office for Refugee Resettlement.

   Inserted: (2) Additional standards.--The Secretary may prescribe such additional standards with respect to the short-term custody of aliens as the Secretary considers appropriate.

   Inserted: (c) Inspections.--

   Inserted: (1) Inspections by ombudsman for immigration related concerns.--The Ombudsman for Immigration Related Concerns established by section 104 of the Homeland Security Act of 2002, as added by section 1114, shall--

   Inserted: (A) inspect the facilities described in subsection (a) not less frequently than annually; and

   Inserted: (B) 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.

   Inserted: (2) Inspections by border oversight task force.--Each facility described in subsection (a) shall be available for inspection by members of the Department of Homeland Security Border Oversight Task Force established by section 1113.

   Inserted: (d) Certification.--Not later than 18 months after the issuance of the regulations required by subsection (a), the Secretary shall certify to Congress that the regulations have been fully implemented.

   Original wording

   At the end of subtitle G of title III, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed