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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Short-Term Detention 

3 Standards Act’’. 

4 SEC. 2. ACCESS TO APPROPRIATE TEMPORARY SHELTER, 

5 FOOD, AND WATER DURING SHORT-TERM DE6 TENTION. 

7 Paragraph (1) of section 411(m) of the Homeland 

8 Security Act of 2002 (6 U.S.C. 211(m)) is amended to 

9 read as follows: 

10 ‘‘(1) ACCESS TO APPROPRIATE TEMPORARY

11 SHELTER, FOOD, AND WATER.—The Commissioner 

12 shall make every effort to ensure the provision to an 

13 individual apprehended by U.S. Customs and Border 

14 Protection of appropriate temporary shelter with ac15 cess to bathroom and shower facilities, water, appro16 priate nutrition, hygiene, personal grooming items, 

17 and sanitation needs.’’. 

18 SEC. 3. AUDIT AND INSPECTIONS OF DETENTION FACILI19 TIES. 

20 (a) OIG AND GAO.—The Inspector General of the 

21 Department of Homeland Security and the Comptroller 

22 General shall carry out regular audits and inspections, in23 cluding unannounced audits and inspections, of processes 

24 (including recordkeeping) utilized by U.S. Customs and 

25 Border Protection to conduct intake and process individ26 uals apprehended by U.S. Customs and Border Protection. 


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1 The Inspector General and Comptroller General shall, to 

2 the extent possible, share information and coordinate to 

3 ensure that Congress is provided timely audit and inspec4 tion information. 

5 (b) CONGRESSIONAL ACCESS.—The Commissioner of 

6 U.S. Customs and Border Protection may not— 

7 (1) prevent a Member of Congress or an em8 ployee of the United States House of Representa9 tives or the United States Senate designated by such 

10 a Member for the purposes of this section from en11 tering, for the purpose of conducting oversight, any 

12 such facility; and 

13 (2) make any temporary modification at any 

14 such facility that in any way alters what is observed 

15 by a visiting member of Congress or such designated 

16 employee, compared to what would be observed in 

17 the absence of such modification. 

18 (c) PHOTOGRAPHS.—The Inspector General of the 

19 Department of Homeland Security, Comptroller General, 

20 a Member of Congress, or an employee of the United 

21 States House of Representatives or United States Senate 

22 shall be authorized to take photographs or video or audio 

23 recordings of conditions in a facility but may not publish 


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1 photographs or video or audio recordings with personally 

2 identifiable information without permission. 

Passed the House of Representatives July 25, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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