I 
111TH CONGRESS 
2D SESSION 
H. R. 4470 
To ensure that individuals detained by the Department of Homeland Security 
are treated humanely, provided adequate medical care, and granted cer-
tain specified rights. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 19, 2010 
Ms. WATSON introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To ensure that individuals detained by the Department of 
Homeland Security are treated humanely, provided ade-
quate medical care, and granted certain specified rights. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Treatment, Avoid-
ing Needless Deaths, and Abuse Reduction in the Deten-
tion System Act’’ or the ‘‘Strong STANDARDS Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) DETAINEE.—The term ‘‘detainee’’ means 
an individual who is subject to detention under the 
Immigration and Nationality Act. 
(2) DETENTION.—The term ‘‘detention’’ means 
government custody or any other deprivation of an 
individual’s freedom of movement by government 
agents. 
(3) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means any Federal, State, local govern-
ment facility, or privately owned and operated facil-
ity that is used to hold detainees for more than 72 
hours. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(5) SHORT-TERM DETENTION FACILITY.—The 
term ‘‘short-term detention facility’’ means any Fed-
eral, State, local government, or privately owned and 
operated facility that is used to hold immigration de-
tainees for 72 hours or less. 
(6) UNACCOMPANIED
ALIEN
CHILDREN.—The 
term ‘‘unaccompanied alien children’’ has the mean-
ing given the term in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g)). 
SEC. 3. DETENTION CONDITIONS. 
(a) IN GENERAL.—The Secretary shall— 
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(1) ensure that all detainees are treated hu-
manely and granted the protections described in this 
section; and 
(2) comply with the minimum requirements set 
forth in this section. 
(b) QUALITY OF MEDICAL CARE.— 
(1) RIGHT TO MEDICAL CARE.—Each detainee 
has the right to— 
(A) prompt and adequate medical care, de-
signed to ensure continuity of care, at no cost 
to the detainee; 
(B) care to address medical needs that ex-
isted prior to detention; and 
(C) primary care, emergency care, chronic 
care, reproductive health care, prenatal care, 
dental care, eye care, mental health care, and 
other medically necessary specialized care. 
(2) SCREENINGS
AND
EXAMINATIONS.—Each 
detainee shall receive— 
(A) a comprehensive medical, dental, and 
mental 
health 
intake 
screening, 
including 
screening for sexual abuse or assault by a li-
censed health care professional upon arrival at 
a detention facility or short-term detention fa-
cility; and 
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(B) a comprehensive medical and mental 
health examination by a licensed health care 
professional not later than 14 days after the de-
tainee’s arrival at a detention facility. 
(3) MEDICATIONS AND TREATMENT.— 
(A) PRESCRIPTIONS.—Each detainee tak-
ing prescribed medications prior to detention 
shall be allowed to continue taking such medica-
tions, on schedule and without interruption, 
until and unless a licensed health care profes-
sional examines the immigration detainee and 
decides upon an alternative course of treatment. 
Detainees who arrive at a detention facility 
without prescription medications and report 
being on such medications shall be evaluated by 
a qualified health care professional not later 
than 24 hours after arrival. All decisions to dis-
continue or modify a detainee’s reported pre-
scription medication regimen shall be conveyed 
to the detainee in a language that the detainee 
understands and shall be recorded in writing in 
the detainee’s medical records. 
(B) PSYCHOTROPIC
MEDICATION.—Medi-
cation may not be forcibly administered to a de-
tainee to facilitate transport, removal, or other-
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wise to control the detainee’s behavior. Involun-
tary psychotropic medication may only be used, 
to the extent authorized by applicable law, in 
emergency situations after a physician has per-
sonally examined the detainee and determined 
that— 
(i) the detainee is imminently dan-
gerous to self or others due to a mental ill-
ness; and 
(ii) involuntary psychotropic medica-
tion is medically appropriate to treat the 
mental illness and necessary to prevent 
harm. 
(C) TREATMENT.—Each detainee shall be 
provided medically necessary treatment, includ-
ing prenatal care, prenatal vitamins, hormonal 
therapies, and birth control. Female detainees 
shall be provided with adequate access to sani-
tary products. 
(4) MEDICAL CARE DECISIONS.—Any decision 
regarding requested medical care for a detainee— 
(A) shall be made in writing by an on-site 
licensed health care professional not later than 
72 hours after such medical care is requested; 
and 
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(B) shall be immediately communicated to 
the detainee. 
(5) ADMINISTRATIVE APPEALS PROCESS.— 
(A) IN GENERAL.—Detention facilities, in 
conjunction with the Department of Homeland 
Security, shall ensure that detainees, medical 
providers, and legally appointed advocates have 
the opportunity to appeal a denial of requested 
health care services by an on-site provider to an 
independent appeals board. 
(B) APPEALS BOARD.—The appeals board 
shall include health care professionals in the 
fields relevant to the request for medical or 
mental health care. 
(C) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
ten decision regarding the appeal and notify the 
detention facility and the appellee of such deci-
sion. 
(6) REVIEW
OF
ON-SITE
MEDICAL
PROVIDER 
REQUESTS.— 
(A) IN GENERAL.—The Secretary shall re-
spond within 72 hours to any request by an on- 
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site medical provider for authorization to pro-
vide medical or mental health care to a de-
tainee. 
(B) WRITTEN EXPLANATION.—If the Sec-
retary denies or fails to grant a request de-
scribed in subparagraph (A), the Secretary shall 
immediately provide a written explanation of 
the reasons for such decision to the on-site 
medical provider and the detainee. 
(C) APPEALS BOARD.—The on-site medical 
provider and the detainee (or the detainee’s le-
gally appointed advocate) shall be permitted to 
appeal the denial of, or failure to grant, a re-
quest described in subparagraph (A) to an inde-
pendent appeals board. 
(D) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
ten decision regarding the appeal and notify the 
on-site medical provider, the detainee, and the 
detention facility of such decision. 
(7) CONDITIONAL RELEASE.— 
(A) IN
GENERAL.—If a licensed health 
care professional determines that a detainee has 
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a medical or mental health care condition, is 
pregnant, or is a nursing mother, the Secretary 
shall consider releasing the detainee on parole, 
on bond, or into a secure alternatives program. 
(B) REEVALUATION.—If a detainee de-
scribed in subparagraph (A) is not initially re-
leased under this paragraph, the Secretary shall 
periodically reevaluate the situation of the de-
tainee to determine if such a release would be 
appropriate. 
(C) DISCHARGE
PLANNING.—Upon re-
moval or release, all detainees with serious med-
ical or mental health conditions and women who 
are pregnant shall receive discharge planning to 
ensure continuity of care for a reasonable pe-
riod of time. 
(8) MEDICAL RECORDS.— 
(A) IN
GENERAL.—The Secretary shall 
maintain complete, confidential medical records 
for every detainee and make such records avail-
able to a detainee or to individuals authorized 
by the detainee not later than 72 hours after 
receiving a request for such records. 
(B) TRANSFER OF MEDICAL RECORDS.— 
Immediately upon a detainee’s transfer between 
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detention facilities, the detainee’s complete 
medical records, including any transfer sum-
mary, shall be provided to the receiving deten-
tion facility. 
(c) TRANSFERS OF DETAINEES.— 
(1) NOTICE.—Absent exigent circumstances, 
such as a natural disaster or comparable emergency, 
the Secretary shall provide not less than 72 hours 
written notice to any detainee before transferring 
such detainee to another detention facility. Not later 
than 24 hours after such transfer, the Secretary 
shall notify the detainee’s legal representative or 
other person designated by the detainee of the trans-
fer, by telephone and in writing. 
(2) 
PROCEDURES.—Absent 
exigent 
cir-
cumstances, such as a natural disaster or com-
parable emergency, the Secretary shall not transfer 
a detainee to another detention facility if such trans-
fer would— 
(A) impair an existing attorney-client rela-
tionship; 
(B) prejudice the rights of the detainee in 
any legal proceeding, including any Federal, 
State, or administrative proceeding; or 
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(C) negatively affect the detainee’s health, 
including by interrupting the continuity of med-
ical care or provision of prescription medication. 
(d) ACCESS TO TELEPHONES.— 
(1) IN GENERAL.—Not later than 6 hours after 
the commencement of a detention of a detainee, the 
detainee shall be provided reasonable access to a 
telephone, with at least 1 working telephone avail-
able for every 25 detainees. 
(2) CONTACTS.—Each detainee has the right to 
contact by telephone, free of charge— 
(A) legal representatives; 
(B) nongovernmental organizations des-
ignated by the Secretary; 
(C) consular officials; 
(D) Federal and State courts in which the 
detainee is, or may become, involved in a legal 
proceeding; and 
(E) all government immigration agencies 
and adjudicatory bodies, including the Office of 
the Inspector General of the Department of 
Homeland Security and the Office for Civil 
Rights and Civil Liberties of the Department of 
Homeland Security, through confidential toll- 
free numbers. 
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(3) EMERGENCIES.—Each detainee subject to 
expedited removal or who is experiencing a personal 
or family emergency, including the need to arrange 
care for dependents, shall be allowed to make con-
fidential calls at no charge. 
(4) PRIVACY.—Each detainee has the right to 
privacy of telephone conversations made for the pur-
pose of obtaining legal representation or related to 
legal matters. 
(5) RATES.—The Secretary shall ensure that 
rates charged in detention facilities for telephone 
calls are reasonable and do not significantly impair 
the detainee’s right to make telephone calls. 
(e) PHYSICAL AND SEXUAL ABUSE.— 
(1) IN GENERAL.—No detainee, whether in a 
detention facility or short-term detention facility, 
shall be subject to degrading or inhumane treatment 
such as physical abuse, sexual abuse or harassment, 
or arbitrary punishment. 
(2) PREVENTION.—Detention facilities shall 
take all necessary measures— 
(A) to prevent sexual abuse and sexual as-
saults of detainees; 
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(B) to provide medical and mental health 
treatment to victims of sexual abuse and sexual 
assaults; and 
(C) to comply fully with the national 
standards for the detection, prevention, reduc-
tion, and punishment of prison rape adopted 
pursuant to section 8 of the Prison Rape Elimi-
nation Act of 2003 (42 U.S.C. 15607). 
(f) LIMITATIONS
ON
SOLITARY
CONFINEMENT, 
SHACKLING, AND STRIP SEARCHES.— 
(1) EXTRAORDINARY
CIRCUMSTANCES.—The 
use of solitary confinement, shackling, and strip 
searches of detainees shall be limited to situations 
where the use of such techniques is necessitated by 
extraordinary circumstances when the safety of 
other persons is at imminent risk. These techniques 
may not be used for the purpose of humiliating de-
tainees either within or outside the detention facility. 
(2) PROTECTED
CLASSES.—Solitary confine-
ment, shackling, and strip searches may not be used 
on pregnant women, nursing mothers, women in 
labor or delivery, or children who are younger than 
18 years of age. Strip searches may not be con-
ducted in front of children who are younger than 21 
years of age. 
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(3) WRITTEN
POLICIES.—Detention facilities 
shall— 
(A) adopt written policies pertaining to the 
use of force and the use of restraints; and 
(B) train all staff on the proper use of 
such techniques and devices. 
(g) LOCATION OF DETENTION FACILITIES.— 
(1) NEW
FACILITIES.—All detention facilities 
first used by the Department of Homeland Security 
after the date of the enactment of this Act shall be 
located within 50 miles of a community in which 
there is a demonstrated capacity to provide free or 
low-cost legal representation by— 
(A) nonprofit legal aid organizations; or 
(B) pro bono attorneys with expertise in 
asylum or immigration law. 
(2) EXISTING FACILITIES.—Not later than Jan-
uary 1, 2012, all detention facilities used by the De-
partment of Homeland Security shall meet the loca-
tion requirement described in paragraph (1). 
(3) REPORT.—If the Secretary fails to comply 
with the requirement under paragraph (2) by Janu-
ary 1, 2012, the Secretary shall submit a report to 
Congress on such date, and annually thereafter, 
that— 
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(A) explains the reasons for such failure; 
and 
(B) describes the specific plans of the Sec-
retary to meet such requirement. 
(h) TRANSLATION CAPABILITIES.—Detention facili-
ties and short-term detention facilities shall— 
(1) employ staff who are professionally qualified 
in any language spoken by more than 10 percent of 
its detainee population; 
(2) arrange for alternative translation services, 
as needed, in the exceptional circumstances when 
trained bilingual staff members are unavailable to 
translate; and 
(3) provide notices and written materials to de-
tainees in the native language of such detainees if 
such language is spoken by more than 5 percent of 
the detainees in the facility. 
(i) LEGAL ACCESS.—All detention facilities shall pro-
vide detainees with— 
(1) access to legal information, including an on- 
site law library with up-to-date legal materials and 
law databases; 
(2) free access to the necessary equipment and 
materials for legal research and correspondence, 
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such as computers, printers, copiers, and type-
writers; 
(3) information regarding the availability of 
legal information and services to assist those with 
limited English proficiency or disabilities; 
(4) confidential meeting space to confer with 
legal counsel; and 
(5) services to send confidential legal docu-
ments to legal counsel, government offices, and legal 
organizations. 
(j) VISITORS.— 
(1) LEGAL
REPRESENTATION.—Detainees in 
detention facilities have the right to meet privately 
with current or prospective legal representatives, in-
terpreters, and other legal support staff for at least 
8 hours per day on regular business days and 4 
hours per day on weekends and holidays, subject to 
appropriate security procedures. Legal visits may 
only be restricted for narrowly defined exceptional 
circumstances, such as a natural disaster or com-
parable emergency. 
(2) PRO BONO ORGANIZATIONS.—Detention fa-
cilities shall prominently post, in detainee housing 
units and other appropriate areas, official lists of 
pro bono legal organizations and their contact infor-
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mation, which shall be updated semiannually by the 
Secretary. 
(3) RELIGIOUS, CULTURAL, AND
SPIRITUAL 
VISITORS.—Detainees have the right to reasonable 
access to religious or other qualified individuals to 
address religious, cultural, and spiritual consider-
ations. 
(4) CHILDREN.—Detainees have the right to 
regular, private contact visits with children who are 
younger than 18 years of age. 
(k) RECREATIONAL PROGRAMS AND ACTIVITIES.— 
Detention facilities shall provide detainees with access to 
at least 1 hour of indoor and outdoor recreational pro-
grams and activities each day. 
(l) TRAINING OF PERSONNEL.—All personnel in de-
tention facilities and short-term detention facilities shall 
be given comprehensive, specialized training and regular, 
periodic updates, including— 
(1) an overview of immigration detention and 
all detention standards; 
(2) the characteristics of the noncitizen de-
tainee population, including special characteristics of 
vulnerable groups; and 
(3) the due process and grievance procedures to 
protect the rights of detainees. 
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(m) TRANSPORTATION.—The Secretary shall ensure 
that— 
(1) each detainee is safely transported, which 
shall include the appropriate use of safety harnesses 
and occupancy limitations of vehicles; and 
(2) female officers are responsible and at all 
times present during the transfer and transport of 
female detainees who are in the custody of the De-
partment of Homeland Security. 
(n) VULNERABLE POPULATIONS.—Detention facility 
conditions and minimum requirements for detention facili-
ties shall recognize and accommodate the unique needs of 
vulnerable detainees, including— 
(1) families with children; 
(2) asylum seekers; 
(3) victims of abuse, torture, or trafficking; 
(4) individuals who are older than 65 years of 
age; 
(5) pregnant women; and 
(6) nursing mothers. 
(o) CHILDREN.—The Secretary shall ensure that un-
accompanied alien children are— 
(1) physically separated from any adult who is 
not an immediate family member; and 
(2) separated by sight and sound from— 
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(A) immigration detainees and inmates 
with criminal convictions; 
(B) pretrial inmates facing criminal pros-
ecution; 
(C) children who have been adjudicated 
delinquents or convicted of adult offenses or are 
pending delinquency or criminal proceedings; 
and 
(D) inmates exhibiting violent behavior 
while in detention. 
SEC. 4. SPECIFIC DETENTION REQUIREMENTS FOR SHORT- 
TERM DETENTION FACILITIES. 
(a) ACCESS TO BASIC NEEDS, PEOPLE, AND PROP-
ERTY.— 
(1) BASIC NEEDS.—All detainees in short-term 
detention facilities shall receive— 
(A) potable water; 
(B) food, if detained for more than 5 
hours; 
(C) basic toiletries, diapers, sanitary prod-
ucts, and blankets; and 
(D) access to bathroom facilities. 
(2) PEOPLE.—The Secretary shall provide con-
sular officials with access to detainees held at any 
short-term detention facility. Detainees shall be af-
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forded reasonable access to a licensed health care 
professional. The Secretary shall ensure that nursing 
mothers in such facilities have access to their chil-
dren. 
(3) PROPERTY.—Any property belonging to a 
detainee that was confiscated by an official of the 
Department of Homeland Security shall be returned 
to the detainee upon repatriation or transfer. 
(b) PROTECTIONS FOR CHILDREN.— 
(1) QUALIFIED
STAFF.—The Secretary shall 
ensure that adequately trained and qualified staff 
are stationed at each major port of entry at which, 
during the most recent 2 fiscal years, an average of 
not fewer than 50 unaccompanied alien children per 
year have been held by United States Customs and 
Border Protection, which staff shall include— 
(A) independent licensed social workers 
dedicated to ensuring the proper temporary 
care for the children while in the custody of 
United States Customs and Border Protection; 
and 
(B) agents charged primarily with the safe, 
swift, and humane transportation of such chil-
dren to the custody of the Office of Refugee Re-
settlement. 
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(2) SPECIFIC RIGHTS.—The social workers de-
scribed in paragraph (1)(A) shall ensure that each 
unaccompanied alien child— 
(A) receives emergency medical care; 
(B) receives mental health care in case of 
trauma; 
(C) has access to psychosocial health serv-
ices; 
(D) is provided with— 
(i) a pillow, linens, and sufficient 
blankets to rest at a comfortable tempera-
ture; and 
(ii) a bed and mattress placed in an 
area specifically designated for residential 
use; 
(E) receives adequate nutrition; 
(F) enjoys a safe and sanitary living envi-
ronment; 
(G) receives educational materials; and 
(H) has access to at least 3 hours of in-
door and outdoor recreational programs and ac-
tivities per day. 
(c) CONFIDENTIALITY.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall maintain the privacy and con-
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fidentiality of all information gathered in the course 
of providing care, custody, placement, and follow-up 
services to unaccompanied alien children, consistent 
with the best interest of such children, by not dis-
closing such information to other government agen-
cies or nonparental third parties, except as provided 
under paragraph (2). 
(2) LIMITED DISCLOSURE OF INFORMATION.— 
The Secretary may only disclose information regard-
ing an unaccompanied alien child if— 
(A) the child authorizes such disclosure 
and such is consistent with the child’s best in-
terest; or 
(B) the disclosure is to a duly recognized 
law enforcement entity and is necessary to pre-
vent imminent and serious harm to another in-
dividual. 
(3) WRITTEN RECORD.—All disclosures under 
paragraph (2) shall be duly recorded in writing and 
placed in the child’s file. 
SEC. 5. RULEMAKING AND ENFORCEMENT. 
(a) REGULATIONS.— 
(1) NOTICE OF PROPOSED RULEMAKING.—Not 
later than 60 days after the date of the enactment 
of this Act, the Secretary shall issue a notice of pro-
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posed rulemaking regarding the implementation of 
this Act. 
(2) FINAL REGULATIONS.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall promulgate regulations, which shall 
be binding upon all detention facilities and short- 
term detention facilities, to ensure that the detention 
requirements under sections 3 and 4 are fully imple-
mented and enforced and that all facilities comply 
with the regulations. 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—The Secretary shall enforce 
all regulations and standards promulgated under 
subsection (a). Not later than 180 days after the 
date of the enactment of this Act, the Secretary 
shall issue guidance to detention facilities and short- 
term detention facilities to ensure compliance with 
all the detention requirements under sections 3 and 
4. 
(2) INVESTIGATION.— 
(A) GRIEVANCES.—Each detainee has the 
right to file grievances with the staff of deten-
tion facilities, short-term detention facilities, 
and the Department of Homeland Security, and 
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shall be protected from retaliation for exercising 
such right. 
(B) REVIEW.—The Secretary shall— 
(i) review any grievance or other com-
plaint containing evidence that a detention 
facility or short-term detention facility has 
violated any requirement under this Act; 
(ii) issue a determination in writing to 
the complainant indicating the Secretary’s 
findings regarding the alleged violation not 
later than 30 days after receiving such 
complaint; 
(iii) remedy any violation not later 
than 30 days after issuing a determination 
under clause (ii); and 
(iv) promptly advise the complainant 
of the remedy referred to in clause (iii). 
(C) WRITTEN
RESPONSE.—If the Sec-
retary issues a written response under subpara-
graph (B)(ii) indicating that no violation has 
occurred, such response shall constitute final 
agency action for the purposes of section 702 of 
title 5, United States Code. 
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(3) PENALTIES.—The Secretary shall enforce 
compliance with the detention requirements under 
sections 3 and 4 by— 
(A) imposing financial penalties upon de-
tention facilities and short-term detention facili-
ties that are not in compliance with such re-
quirements; and 
(B) terminating the contracts of such fa-
cilities if such noncompliance persists. 
(4) COMPLIANCE OFFICER.— 
(A) DESIGNATION.—Each detention facil-
ity and short-term detention facility shall des-
ignate an officer to ensure compliance with the 
provisions of this Act. 
(B) DUTIES.—Each officer designated 
under subparagraph (A) shall— 
(i) investigate all evidence pertaining 
to a violation of this Act; and 
(ii) if a violation is identified, remedy 
the violation within 30 days. 
(C) JUDICIAL
REVIEW.—A detainee may 
not seek judicial review of the detention facili-
ty’s determination until after the passage of the 
30-day period, except where irreparable harm 
would result. 
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(c) RULE OF CONSTRUCTION.—Nothing in the sec-
tion may be construed to preclude review of noncompliance 
with this Act under— 
(1) section 1331 or 2241 of title 28, United 
States Code; or 
(2) section 1979 of the Revised Statutes (42 
U.S.C. 1983). 
(d) PUNITIVE DAMAGES.—No individual may seek 
punitive damages for any violation under this Act. 
SEC. 6. IMMIGRATION DETENTION COMMISSION. 
(a) APPOINTMENT.—The Secretary shall appoint and 
convene an Immigration Detention Commission (referred 
to in this section as the ‘‘Commission’’), which shall be 
comprised of— 
(1) experts from United States Immigration 
and Customs Enforcement, United States Customs 
and Border Protection, the Office of Refugee Reset-
tlement, and the Division of Immigration Health 
Services of the Department of Health and Human 
Services; and 
(2) independent experts, in a number equal to 
the number of experts appointed under paragraph 
(1), from nongovernmental organizations and inter-
governmental organizations with expertise in work-
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ing on behalf of detainees and other vulnerable pop-
ulations. 
(b) DUTIES.—The Commission shall conduct inde-
pendent investigations, and evaluate and report on the 
compliance of detention facilities, short-term detention fa-
cilities, and the Department of Homeland Security with 
the detention requirements under sections 3 and 4. 
(c) BIENNIAL REPORTS.—Not later than 60 days 
after the end of the first fiscal year beginning after the 
date of the enactment of this Act, and every 2 years there-
after, the Commission shall submit a report containing the 
findings of its investigations and evaluations under sub-
section (b) to— 
(1) the Committee on the Judiciary of the Sen-
ate; 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(3) the Committee on the Judiciary of the 
House of Representatives; and 
(4) the Committee on Homeland Security of the 
House of Representatives. 
SEC. 7. DEATH IN CUSTODY REPORTING REQUIREMENT. 
(a) IN GENERAL.—If an individual dies while in the 
custody of the Department of Homeland Security or en 
route to or from such custody— 
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(1) the supervising official at the detention fa-
cility or short-term detention facility at which the 
death took place shall immediately notify the Sec-
retary of such death; and 
(2) not later than 48 hours after receiving a no-
tification under paragraph (1), the Secretary shall 
report the death to— 
(A) the Office of the Inspector General of 
the Department of Homeland Security; and 
(B) the Department of Justice. 
(b) REPORT TO CONGRESS.—Not later than 60 days 
after the end of each fiscal year, the Secretary shall sub-
mit a report containing detailed information regarding all 
the deaths of individuals in the custody of the Department 
of Homeland Security during the preceding fiscal year to 
the committees set forth in section 6(c). 
(c) CONTENTS.—The reports submitted under sub-
section (a)(2) and subsection (b) shall include— 
(1) the name, gender, race, ethnicity, and age 
of the deceased; 
(2) the date, time, and location of death; 
(3) the law enforcement agency that detained, 
arrested, or was in the process of arresting the de-
ceased; 
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(4) a description of the circumstances sur-
rounding the death; 
(5) the status and results of any investigation 
that has been conducted into the circumstances sur-
rounding the death; and 
(6) all medical records of the deceased. 
Æ 
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