sultation with the head of the Office of Civil Rights and 
Civil Liberties of the Department, shall promulgate regu-
lations establishing short-term custody standards pro-
viding for basic minimums of care at all U.S. Customs 
and Border Protection (CBP) facilities holding individuals 
in CBP custody, including— 
(1) Border Patrol stations; 
(2) ports of entry; 
(3) checkpoints; 
(4) forward operating bases; 
(5) secondary inspection areas; and 
(6) short-term custody facilities. 
(b) REQUIREMENTS.—The regulations promulgated 
in accordance with subsection (a) shall ensure that deten-
tion space capacity will not be exceeded except in emer-
gency circumstances, and that all individuals in CBP cus-
tody receive— 
(1) potable water and a snack, and, if detained 
for more than five hours, a nutritious meal with reg-
ular nutritious meals (at least one of which daily 
must be heated), and snacks, thereafter; 
(2) medically appropriate meals or snacks if 
such individuals are pregnant or have medical needs; 
(3) access to bathroom facilities, as well as 
basic toiletries and hygiene items, including soap, a 
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toothbrush, toilet paper, and other items appropriate 
for the age and gender identification of such individ-
uals, such as diapers and feminine hygiene products; 
(4) a cot, clean linens, and blankets, if detained 
for more than five hours; 
(5) adequate lighting and climate control that 
achieves a reasonable indoor temperature; 
(6) a physical and mental health screening con-
ducted promptly upon arrival in a manner that com-
plies with the requirements for such screenings spec-
ified in the currently applicable National Commis-
sion for Correctional Health Care Jails Standards, 
as well as information about the availability of, and 
access to, health care services that is communicated 
in a form and language such individuals are known 
to understand; 
(7) immediate physical and mental health needs 
addressed by a qualified health care professional as 
soon as possible; 
(8) prompt notice of the ability to make one 
telephone call at any time after arrest, telephone ac-
cess to make such call, and the phone numbers to 
file a complaint with the Office of the Inspector 
General of the Department and the Office for Civil 
Rights and Civil Liberties of the Department; 
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(9) to the extent practicable, a reasonable ac-
commodation to respect such individuals’ religious 
practices; 
(10) all protections under the Prison Rape 
Elimination Act of 2003 (42 U.S.C. 15601 et seq.; 
Public Law 108–79), except that certain protections 
shall not apply at a particular CBP facility if the 
Commissioner of CBP determines that implementa-
tion at that particular facility of such a protection 
would be impracticable; 
(11) safe transport, including prevention of sex-
ual assault during transfer, including in subcon-
tracted transportation services, while such individ-
uals are transported from a CBP facility; and 
(12) an administrative exit interview, upon re-
lease from CPB custody and after individuals have 
an opportunity to receive and review their belong-
ings, with translations as necessary, which contains 
the questions described in subsection (c), or substan-
tially similar questions. 
(c) EXIT INTERVIEW QUESTIONS.—The questions de-
scribed in this section are as follows: 
(1) Have all belongings, including money and 
identification been returned to you? 
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(2) Were you apprehended with family mem-
bers? If so, have you received information about 
where your family member is and how and when you 
may be reunited? 
(3) Have you received information about how to 
file a complaint? 
(4) Do you wish to file a complaint now about 
your treatment or conditions while in CPB custody? 
(d) FURTHER PROVISIONS.—The Commissioner of 
CBP shall ensure that all individuals in CBP custody— 
(1) have regular access to consular officials and 
Government-funded legal service providers through 
confidential in-person visits or telephonic commu-
nications; 
(2) receive copies of all signed documents; and 
(3) are transferred to an appropriate U.S. Im-
migration and Customs Enforcement or Department 
of Health and Human Services Office of Refugee 
Resettlement facility or are released from short-term 
custody within 72 hours of apprehension. 
(e) SURVEILLANCE
OF CERTAIN INDIVIDUALS
IN 
CBP CUSTODY.—The Commissioner of CBP shall ensure 
constant surveillance of an individual in CBP custody who 
exhibits signs of hostility, depression, or similar behaviors, 
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or who is reasonably known to pose an elevated suicide 
risk. 
(f) PHYSICAL
AND
MENTAL
HEALTH
ASSESS-
MENT.—The Commissioner of CBP shall ensure that indi-
viduals in CBP custody for more than 24 hours, receive, 
in addition to the physical and mental health screening 
specified in subsection (b)(6), a physical and mental 
health assessment by a qualified healthcare professional. 
To the extent practicable, such individuals with known or 
readily apparent disabilities, including temporary disabil-
ities, shall be housed in a manner that accommodates their 
mental or physical condition, or both, and provides for the 
safety, comfort, and security of such individuals. 
(g) RETURN OF CERTAIN BELONGINGS.—Any lawful, 
nonperishable belongings of an individual in CBP custody 
that are confiscated by personnel operating under Federal 
authority shall be returned to such individual prior to the 
deportation or removal of such individual. 
(h) INSPECTION OF SHORT-TERM CUSTODY FACILI-
TIES.—Short-term custody facilities shall be inspected at 
least once every year by the Department of Homeland Se-
curity Office for Civil Rights and Civil Liberties, with the 
results made public without the need to submit a request 
under section 552 of title 5, United States Code. 
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(i) CONSULTATION.—The Secretary shall seek input 
from nongovernmental organizations regarding their inde-
pendent opinion of specific facilities and permit regular 
access to nongovernmental organizations for human rights 
monitoring. 
(j) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall 
promulgate regulations to— 
(1) establish a publicly accessible online system 
to track the location of individuals in CBP custody 
held in short-term custody, and provide an online 
list of all locations with phone numbers routinely 
used to hold individuals in short-term custody; 
(2) improve the education of individuals in CBP 
custody regarding administrative procedures and 
legal rights under United States immigration law, in 
consultation with the Executive Office for Immigra-
tion Review; and 
(3) ensure notification of the Office of Inspector 
General and Department of Homeland Security Of-
fice for Civil Rights and Civil Liberties within 48 
hours of all instances in which— 
(A) an individual in CBP custody has died, 
including during transfer to another facility or 
while being released; or 
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(B) an individual has died as the result of 
an encounter with CBP. 
(k) ANNUAL REPORTS.—Not later than 180 days 
after the date of the enactment of this Act and annually 
thereafter, the Secretary shall submit to Congress a report 
that details all instances in which an individual in CBP 
custody has died in the prior fiscal year, including during 
transfer to another facility or while being released, as well 
as all instances in which an individual has died as the re-
sult of an encounter with CBP, and the result of any sub-
sequent investigation. Such reports shall also detail all in-
stances in which an individual, including an individual in 
the custody of CBP, has suffered serious injuries requiring 
hospitalization as a result of the use of force by CBP. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) APPREHENDED
INDIVIDUAL.—The term 
‘‘apprehended individual’’ means an individual ap-
prehended by personnel of the Department of Home-
land Security or of a cooperating entity. 
(2) BORDER.—The term ‘‘border’’ means an 
international border of the United States. 
(3) CHILD.—Except as otherwise specifically 
provided, the term ‘‘child’’ has the meaning given 
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such term in section 101(b)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1101(b)(1)). 
(4) COOPERATING ENTITY.—The term ‘‘cooper-
ating entity’’ means a State or local entity acting 
pursuant to an agreement with the Secretary. 
(5) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(6) MIGRATION DETERRENCE PROGRAM.—The 
term ‘‘migration deterrence program’’ means an ac-
tion related to the repatriation or referral for pros-
ecution of one or more apprehended individuals for 
a suspected or confirmed violation of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.) by 
the Secretary or a cooperating entity. 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(8) UNACCOMPANIED ALIEN CHILD.—The term 
‘‘unaccompanied alien child’’ has the meaning given 
such term in section 462 of the Homeland Security 
Act of 2002 (6 U.S.C. 279). 
Æ 
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