II 

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 shortterm custody of individuals held in facilities of U.S. 

Customs and Border Protection 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 ‘‘Humane Short Term 

5 Custody Act’’. 

6 SEC. 2. STANDARDS FOR SHORT-TERM CUSTODY BY U.S. 

7 CUSTOMS AND BORDER PROTECTION. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the Secretary of HomeVerDate Mar 15 2010 02:06 Dec 17, 2013 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1817.IS S1817

rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 1817 IS

1 land Security shall, in consultation with the Office for 

2 Civil Rights and Civil Liberties of the Department of 

3 Homeland Security, prescribe regulations establishing 

4 standards for short-term custody of individuals by U.S. 

5 Customs and Border Protection that provide for basic 

6 minimums of care at all facilities of U.S. Customs and 

7 Border Protection that hold individuals in custody, includ8 ing Border Patrol stations, ports of entry, checkpoints, 

9 forward operating bases, secondary inspection areas, and 

10 short-term custody facilities. 

11 (b) REQUIREMENTS.— 

12 (1) IN GENERAL.—The regulations prescribed 

13 under subsection (a) shall include standards with re14 spect to the following: 

15 (A) Limits on detention space capacity. 

16 (B) The availability of potable water and 

17 food. 

18 (C) Access to bathroom facilities and hy19 giene items. 

20 (D) Sleeping arrangements for detainees 

21 held overnight. 

22 (E) Adequate climate control. 

23 (F) Access to language-appropriate forms 

24 and materials that include an explanation of the 

25 consequences of signing such forms. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 1817 IS

1 (G) Pregnant women and individuals with 

2 medical needs. 

3 (H) Reasonable accommodations in accord4 ance with the Americans with Disabilities Act 

5 of 1990 (42 U.S.C. 12101 et seq.). 

6 (I) Access to emergency medical care, if 

7 necessary. 

8 (J) Access to facilities by nongovernmental 

9 organizations. 

10 (K) Transferring detainees to facilities of 

11 U.S. Immigrations and Customs Enforcement. 

12 (L) Returning personal property to former 

13 detainees. 

14 (2) ADDITIONAL STANDARDS.—The Secretary 

15 of Homeland Security may prescribe such additional 

16 standards with respect to the short-term custody of 

17 individuals as the Secretary considers appropriate. 

18 (3) CONSISTENCY WITH THE PRISON RAPE

19 ELIMINATION ACT OF 2003.—The regulations pre20 scribed under subsection (a) shall be fully consistent 

21 with the national standards required under section 

22 8(c) of the Prison Rape Elimination Act of 2003 (42 

23 U.S.C. 15607(c)). 

24 (c) INSPECTIONS.—The Inspector General of the De25 partment of Homeland Security shall— 


rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 1817 IS

1 (1) inspect the facilities described in subsection 

2 (a) not less frequently than annually; and 

3 (2) make the results of the inspections available 

4 to the public without the need to submit a request 

5 under section 552 of title 5, United States Code. 

6 (d) CERTIFICATION.—Not later than 18 months after 

7 the issuance of the regulations required by subsection (a), 

8 the Secretary of Homeland Security shall certify to Con9 gress that the regulations have been fully implemented. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS