[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2872

  To secure the borders of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2013

Ms. Loretta Sanchez of California introduced the following bill; which 
was referred to the Committee on Homeland Security, and in addition to 
 the Committees on Foreign Affairs, the Judiciary, and Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To secure the borders of the United States, and for other purposes.

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

SECTION 1. SHORT TITLE; DEFINITION; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border 
Enforcement, Security, and Technology Act of 2013'' and ``BEST Act of 
2013''.
    (b) Definition.--In this Act, the term ``appropriate congressional 
committees'' means the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate.
    (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Definition; Table of contents.
            TITLE I--COMPREHENSIVE BORDER SECURITY STRATEGY

Sec. 101. Technology plan.
Sec. 102. National Strategy for Border Security.
Sec. 103. Roles and responsibility.
           TITLE II--BORDER SECURITY PERSONNEL AND RESOURCES

Sec. 201. Maintenance of adequate ratio of supervisory and managerial 
                            agents to new agents.
Sec. 202. Strengthening border patrol recruitment and retention.
Sec. 203. Authorization of additional U.S. Customs and Border 
                            Protection officers.
Sec. 204. Strengthening U.S. Customs and Border Protection officer 
                            recruitment and retention.
Sec. 205. Enhanced customer service standards and professionalism 
                            training.
Sec. 206. U.S. Customs and Border Protection officer training.
Sec. 207. U.S. Customs and Border Protection wait times transparency.
Sec. 208. K-9 units.
Sec. 209. Equipment and vehicle needs for Customs and Border Protection 
                            officers and Border Patrol agents.
         TITLE III--STRENGTHENING INFRASTRUCTURE AND TECHNOLOGY

Sec. 301. Pilot program on border connectivity.
                 TITLE IV--SECURING THE PORTS OF ENTRY

Sec. 401. Biometric exit data system.
Sec. 402. NEXUS, SENTRI, and FAST assessment.
Sec. 403. Electronic device search and seizure standards at ports of 
                            entry.
     TITLE V--FEDERAL, STATE, AND LOCAL COORDINATION AND ASSISTANCE

Sec. 501. Coordination of land and maritime border enforcement efforts.
Sec. 502. Department of Homeland Security Border Oversight Task Force.
                  TITLE VI--INTERNATIONAL COOPERATION

Sec. 601. North and Central American border security cooperation 
                            initiative.
Sec. 602. Enhancing the security of Mexico's southern border.
Sec. 603. Caribbean cooperation initiative.
   TITLE VII--SECURE AND HUMANE DETENTION AND EFFECTIVE REPATRIATION.

Sec. 701. Immigration detention standards.
Sec. 702. Detention management.
Sec. 703. Alternatives to detention for families and vulnerable 
                            populations.
Sec. 704. Short term detention standards at and between ports of entry.
Sec. 705. Report on nondeportable aliens.

            TITLE I--COMPREHENSIVE BORDER SECURITY STRATEGY

SEC. 101. TECHNOLOGY PLAN.

    (a) Requirement for Plan.--The Secretary of Homeland Security shall 
develop a comprehensive plan for the technology for the security of the 
international borders of the United States.
    (b) Contents.--The plan required under subsection (a) shall include 
the following:
            (1) A description of existing technologies employed along 
        the international borders of the United States.
            (2) Requirements relating to the compatibility of new 
        technologies with technologies in use by the Secretary of 
        Homeland Security on the date of the enactment of this Act.
            (3) A description of how the Commissioner of United States 
        Customs and Border Protection and the Commandant of the Coast 
        Guard are working, or are expected to work, with the Under 
        Secretary for Science and Technology of the Department of 
        Homeland Security to identify and test new technology.
            (4) A description of the specific technology to be deployed 
        along the international borders of the United States.
            (5) Identification of any obstacles that may impede the 
        deployment described in paragraph (4).
            (6) A description on how the Commissioner of United States 
        Customs and Border Protection shall consult with border 
        communities in the development of technology.
            (7) A description of how existing and proposed technologies 
        and infrastructure used for land and maritime security will 
        impact the environmental, social, economic, and cultural 
        conditions of surrounding communities.
            (8) A detailed estimate of all costs associated with the 
        deployment of new technology and infrastructure and with 
        continued maintenance of such technologies and infrastructure.
            (9) A detailed estimate of personnel needed to operate and 
        maintain the technologies and infrastructure described in 
        paragraph (8).
            (10) A description of how the Secretary of Homeland 
        Security is working with the Administrator of the Federal 
        Aviation Administration on safety and airspace control issues 
        associated with the use of unmanned aerial vehicles.
            (11) A description of technologies developed or utilized by 
        the Department of Defense, including any such technologies 
        determined to be excess by the Secretary of Defense.
    (c) Submission to Congress.--Not later than three months after the 
date of the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees the plan required under subsection 
(a).

SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.

    (a) Requirement for Strategy.--The Secretary of Homeland Security, 
in consultation with the heads of other appropriate Federal departments 
and agencies, shall develop a National Strategy for Border Security 
that describes actions to be carried out to achieve operational control 
over--
            (1) all ports of entry into the United States; and
            (2) the international borders of the United States.
    (b) Contents.--The National Strategy for Border Security required 
under subsection (a) shall include the following:
            (1) The implementation schedule for the comprehensive 
        technology plan for the security of the international borders 
        required under section 101.
            (2) An assessment of the threat posed by terrorists and 
        terrorist groups that may try to infiltrate the United States 
        at locations along the international borders.
            (3) A risk assessment for all United States ports of entry 
        and all portions of the international borders of the United 
        States, including a description of activities being undertaken 
        to--
                    (A) prevent the entry into the United States of 
                terrorists, instruments of terrorism, human 
                traffickers, criminal aliens, perpetrators of criminal 
                violence, unlawful aliens, narcotics, and other 
                contraband; and
                    (B) protect critical infrastructure at or near such 
                ports of entry or borders.
            (4) A description of the legal requirements that prevent 
        achieving and maintaining operational control over the 
        international borders of the United States.
            (5) A description of the most appropriate, practical, and 
        cost-effective means of protecting the international borders of 
        the United States against threats to security and illegal 
        transit, including intelligence capacities, technology, 
        equipment, personnel, and training needed to address border 
        security vulnerabilities.
            (6) A description of staffing needs for all border security 
        functions, taking into account threat and vulnerability 
        information pertaining to the international borders of the 
        United States and the impact of new security programs, 
        policies, and technologies.
            (7) A description of the border security roles and missions 
        of Federal, State, regional, local, and tribal authorities, and 
        recommendations regarding actions the Secretary of Homeland 
        Security can carry out to improve coordination with such 
        authorities to enable border security and enforcement 
        activities to be carried out in a more efficient and effective 
        manner.
            (8) A description of existing efforts and technologies used 
        for border security and the effect of the use of such efforts 
        and technologies on civil rights, private property rights, 
        privacy rights, and civil liberties.
            (9) An assessment of effects and reporting on deaths and 
        injuries resulting from unlawful border crossings.
            (10) A prioritized list of research and development 
        objectives to enhance the security of the international borders 
        of the United States.
            (11) An assessment on how crossing times at port of entry 
        border crossings impact legitimate border activity.
            (12) A description of the performance metrics to be used to 
        ensure accountability by the components of the Department of 
        Homeland Security in implementing such Strategy.
            (13) A schedule for the implementation of the security 
        measures described in such Strategy, including a prioritization 
        of security measures, realistic deadlines for addressing 
        security and enforcement needs, an estimate of the resources 
        required to carry out such measures, and a description of how 
        such resources should be allocated.
    (c) Consultation.--In developing the National Strategy for Border 
Security required under subsection (a), the Secretary of Homeland 
Security shall consult with representatives of--
            (1) State, local, territorial, and tribal authorities with 
        responsibility for locations along the international borders of 
        the United States; and
            (2) appropriate private sector entities, labor 
        organizations, nongovernmental organizations, and affected 
        communities that have expertise in subject matter areas related 
        to border policy.
    (d) Coordination.--The National Strategy for Border Security 
required under subsection (a) shall be consistent with the National 
Strategy for Maritime Security developed pursuant to Homeland Security 
Presidential Directive 13, dated December 21, 2004.
    (e) Submission to Congress.--
            (1) Strategy.--Not later than one year after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to the appropriate congressional committees the 
        National Strategy for Border Security required under subsection 
        (a).
            (2) Updates.--The Secretary of Homeland Security shall 
        submit to the appropriate congressional committees any update 
        of such Strategy that the Secretary determines is necessary, 
        not later than 30 days after any such update is developed.

SEC. 103. ROLES AND RESPONSIBILITY.

    (a) In General.--Nothing in section 102 or 103 may be construed to 
relieve the Secretary of Homeland Security of the responsibility to 
take all actions necessary and appropriate to achieve and maintain 
operational control over the international borders of the United 
States.
    (b) Operational Control Defined.--In this title, the term 
``operational control'' means the ability to detect, respond, and 
interdict border penetrations in areas determined to be a high priority 
for threat potential or other national security objectives. Such 
ability may be limited to specific smuggling corridors or other 
geographically defined locations as designated by the Secretary of 
Homeland Security.

           TITLE II--BORDER SECURITY PERSONNEL AND RESOURCES

SEC. 201. MAINTENANCE OF ADEQUATE RATIO OF SUPERVISORY AND MANAGERIAL 
              AGENTS TO NEW AGENTS.

    (a) In General.--Except as provided in subsection (b), the 
Secretary of Homeland Security shall maintain a ratio of five new 
Border Patrol agents to every one supervisor.
    (b) Exception.--Subsection (a) shall not apply in the case of a 
work unit with an average length of service of four or more years.
    (c) New Border Patrol Agent Defined.--In this section, the term 
``new Border Patrol agent'' means a Border Patrol agent who has fewer 
than two years of experience.

SEC. 202. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.

    (a) In General.--The Secretary of Homeland Security shall, in 
accordance with existing Federal statutes applicable to pay, 
recruitment, and retention of Federal law enforcement officers, address 
the recruitment and retention challenges faced by the Border Patrol, 
including the following:
            (1) The establishment of a recruitment incentive for Border 
        Patrol agents, including the establishment of a foreign 
        language incentive award.
            (2) The establishment of a retention plan, including the 
        payment of bonuses to Border Patrol agents for every year of 
        service after the first two years of service.
            (3) An increase in the pay percentage differentials to 
        Border Patrol agents in certain high-cost areas, as determined 
        by the Secretary of Homeland Security, in accordance with other 
        Federal, State, and local law enforcement agencies.
            (4) The basic rate of pay for Border Patrol agents shall 
        increase from the annual rate of basic pay for positions at GS-
        12 of the General Schedule to the annual rate of basic pay for 
        positions at GS-13 of such Schedule.
            (5) The establishment of quarterly goals for the 
        recruitment of new Border Patrol agents, including goals for 
        the number of such recruits entering Border Patrol training, 
        and the number of such recruits who successfully complete such 
        training and become Border Patrol agents.
    (b) Applicability of Recruitment Incentive to Current Border Patrol 
Agents.--Any recruitment incentive described in subsection (a)(1) shall 
be applicable for Border Patrol agents currently employed by the 
Department of Homeland Security who may qualify for such incentive.
    (c) Supervisor Training Capacity.--The Secretary of Homeland 
Security shall expand the training capacity at the Federal Law 
Enforcement Training Center (FLETC) in Artesia, New Mexico, to the 
extent necessary to train and maintain the ratio specified in section 
201.
    (d) Reporting Requirements Relating to Recruitment and Retention 
Progress.--Not later than 90 days after the date of the enactment of 
this Act and every 90 days thereafter, the Secretary of Homeland 
Security shall submit to the appropriate congressional committees a 
report on the resources expended for Border Patrol recruitment and 
retention efforts by the Department of Homeland Security and whether 
the Department is meeting its recruitment and retention goals for 
Border Patrol agents under this section.

SEC. 203. AUTHORIZATION OF ADDITIONAL U.S. CUSTOMS AND BORDER 
              PROTECTION OFFICERS.

    Not later than September 30, 2014, the Secretary of Homeland 
Security is authorized to increase the number of U.S. Customs and 
Border Protection officers by 1,600 over the number of such officers in 
existence as of the date of the enactment of this Act.

SEC. 204. STRENGTHENING U.S. CUSTOMS AND BORDER PROTECTION OFFICER 
              RECRUITMENT AND RETENTION.

    (a) Required Plan.--The Secretary of Homeland Security shall 
establish a plan, in accordance with existing Federal statutes 
applicable to pay, recruitment, and retention of Federal law 
enforcement officers, to address the recruitment and retention 
challenges faced by U.S. Customs and Border Protection. Such plan shall 
include the following components:
            (1) The establishment of a retention plan, including the 
        payment of bonuses to U.S. Customs and Border Protection 
        officers for every year of service after the first two years of 
        service.
            (2) An increase in the pay percentage differentials to U.S. 
        Customs and Border Protection officers in certain high-cost 
        areas, as determined by the Secretary of Homeland Security, in 
        accordance with other Federal, State, and local law enforcement 
        agencies.
            (3) An increase in the annual rate of basic pay for U.S. 
        Customs and Border Protection Officers at GS-12 of the General 
        Schedule to the annual rate of basic pay for positions at GS-13 
        of such Schedule.
            (4) The establishment of quarterly goals for the 
        recruitment of new U.S. Customs and Border Protection officers, 
        including goals for the number of such recruits entering U.S. 
        Customs and Border Protection officer training, and the number 
        of such recruits who successfully complete such training and 
        become U.S. Customs and Border Protection officers.
    (b) Reporting Requirements Relating to Recruitment and Retention 
Progress.--Not later than 90 days after the date of the enactment of 
this Act and every 90 days thereafter, the Secretary of Homeland 
Security shall submit to the appropriate congressional committees a 
report on the resources expended for U.S. Customs and Border Protection 
officer recruitment and retention efforts by the Department of Homeland 
Security and whether the Department is meeting its recruitment and 
retention goals for U.S. Customs and Border Protection officers under 
this section.

SEC. 205. ENHANCED CUSTOMER SERVICE STANDARDS AND PROFESSIONALISM 
              TRAINING.

    (a) Plans Required.--The Secretary of Homeland Security shall 
implement a comprehensive plan, based on publicly communicated metrics, 
for U.S. Customs and Border Protection to improve professionalism and 
customer service.
    (b) Plan Components.--The plan required under subsection (a) shall 
include each of the following:
            (1) Information on the metrics U.S. Customs and Border 
        Protection will use to measure customer service.
            (2) Information on the metrics U.S. Customs and Border 
        Protection will use to measure professionalism.
            (3) The implementation of a system to improve customer 
        service by soliciting customer comments combining in person, 
        phone, and online solutions.
            (4) The establishment of customer service best practices 
        based on the customer service metrics referred to in paragraph 
        (1).
            (5) The establishment of professionalism best practices 
        based on the professionalism metrics referred to in paragraph 
        (2).
            (6) A requirement that U.S. Customs and Border Protection 
        submit to Congress quarterly reports on the agency's 
        performance against the customer service metrics referred to in 
        paragraph (1), the professionalism metrics referred to in 
        paragraph (2), the best practices referred to in paragraph (4), 
        and the best practices referred to in paragraph (5).
    (c) Annual Reports to Congress.--At least once each year, the 
Secretary of Homeland Security shall submit to the appropriate 
congressional committees a report on U.S. Customs and Border 
Protection. Each such report shall include--
            (1) an assessment of U.S. Customs and Border Protection's 
        customer service performance based on the metrics referred to 
        in subsection (b)(1);
            (2) a detailed description of customer service improvements 
        sought by customers;
            (3) customer service improvements sought by Department of 
        Homeland Security metrics, and the costs associated with such 
        improvements;
            (4) the security and efficiency benefits derived from such 
        improvements;
            (5) an assessment of U.S. Customs and Border Protection's 
        professionalism performance based on the metrics referred to in 
        subsection (b)(2);
            (6) a description of any improvements in U.S. Customs and 
        Border Protection's professionalism, and costs associated with 
        such improvements; and
            (7) the security and efficiency benefits derived from such 
        improvements.
    (d) Oversight.--The Department of Homeland Security's Office of 
Civil Rights and Civil Liberties shall have oversight of--
            (1) the customer service and professionalism efforts of 
        U.S. Customs and Border Protection under this section to ensure 
        that comments are collected, analyzed, and responded to in a 
        timely manner; and
            (2) the development of monthly reports detailing the number 
        and types of such comments submitted by the public, which shall 
        be made available to the public through the Department's Web 
        site.

SEC. 206. U.S. CUSTOMS AND BORDER PROTECTION OFFICER TRAINING.

    (a) Ensuring Customs and Border Protection Officer Training.--Not 
later than 90 days after the date of the enactment of this Act, the 
Commissioner of U.S. Customs and Border Protection shall incorporate 
into an existing database of the agency or develop a database system 
that identifies for each Customs and Border Protection officer--
            (1) the assigned port placement location;
            (2) the specific assignment and responsibilities;
            (3) the required initial training courses completed;
            (4) the required ongoing training courses available and 
        completed;
            (5) for each training course completed, the method by which 
        such training course was delivered;
            (6) for each training course, the time allocated during on-
        duty hours within which training must be completed;
            (7) for each training course offered, the duration of 
        training and the amount of time an officer must be absent from 
        work to complete such training course;
            (8) if training has been postponed, the basis for 
        postponing such training and the date such training was 
        completed;
            (9) certification or evidence of completion of each 
        training course; and
            (10) certification by a supervising officer that the 
        officer at issue is able to carry out the function for which 
        the training was provided.
    (b) Identifying and Enhancing On-the-Job Training.--Not later than 
90 days after the date of the enactment of this Act, the Commissioner 
of U.S. Customs and Border Protection shall--
            (1) review the mission and responsibilities of Customs and 
        Border Protection officers carried out at air, land, and sea 
        ports of entry in both primary and secondary inspections areas;
            (2) develop an inventory of specific tasks that must be 
        performed by Customs and Border Protection officers throughout 
        the entire inspection process at such ports of entry, including 
        tasks to be performed in such primary and secondary inspections 
        areas;
            (3) ensure that on-the-job training includes supervised and 
        evaluated performance of the tasks identified in paragraph (2), 
        or a supervised and evaluated practical training exercise that 
        simulates the on-the-job experience; and
            (4) develop criteria to measure officer proficiency in 
        performing the tasks identified in paragraph (2) and for 
        providing feedback to officers on a regular basis.
    (c) Use of Data.--The Commissioner of U.S. Customs and Border 
Protection shall use the information developed under subsection (a) and 
subsection (b)(2) to--
            (1) develop specific training requirements for Customs and 
        Border Protection officers to ensure that such officers have 
        sufficient training to conduct primary and secondary 
        inspections at land, air, and sea ports of entry;
            (2) measure progress toward achieving the training 
        requirements referred to in paragraph (1); and
            (3) make staffing allocation decisions.
    (d) Competency.--Supervisors of on-the-job training for Customs and 
Border Protection officers shall--
            (1) attest to the competency of such officers to carry out 
        the functions for which such officers received training; and
            (2) provide feedback to such officers on performance.

SEC. 207. U.S. CUSTOMS AND BORDER PROTECTION WAIT TIMES TRANSPARENCY.

    To increase professionalism and transparency, the Commissioner of 
U.S. Customs and Border Protection shall--
            (1) publish live wait times at all United States ports of 
        entry, as determined by calculating the time elapsed between an 
        individual's entry into the Customs and Border Protection 
        inspection area and such individual's clearance by a Customs 
        and Border Protection officer;
            (2) make information about such wait time available to the 
        public in real time through the U.S. Customs and Border 
        Protection Web site;
            (3) submit to the appropriate congressional committees 
        monthly reports that include compilations of all such wait 
        times and that rank all United States air ports of entry by 
        wait times; and
            (4) provide adequate staffing at the U.S. Customs and 
        Border Protection information center to reduce wait times to 
        under 10 minutes for travelers attempting to submit comments or 
        speak with a representative about their entry experiences.

SEC. 208. K-9 UNITS.

    (a) In General.--The Secretary of Homeland Security shall increase 
by 20 percent the number of K-9 units working within U.S. Customs and 
Border Protection over the number of such units in existence at the end 
of fiscal year 2013, including adding infrastructure, officers, and 
support staff necessary for such additional units.
    (b) Use of New Units.--The Secretary of Homeland Security shall 
deploy to the international borders between the United States and 
Mexico and the United States and Canada the additional K-9 units added 
under subsection (a). Such units shall be used only for bomb, 
narcotics, passenger, and currency detection purposes.

SEC. 209. EQUIPMENT AND VEHICLE NEEDS FOR CUSTOMS AND BORDER PROTECTION 
              OFFICERS AND BORDER PATROL AGENTS.

    (a) In General.--The Secretary of Homeland Security shall keep the 
appropriate congressional committees informed of the equipment and 
vehicle needs for Customs and Border Protection Officers and Border 
Patrol agents.
    (b) Equipment and Vehicles.--Equipment and vehicle needs under 
subsection (a) shall include the following:
            (1) The Secretary of Homeland Security, acting through the 
        Commissioner of U.S. Customs and Border Protection, shall 
        account for the number of helicopters and power boats. The 
        Secretary shall ensure that the appropriate types of 
        helicopters that are being requested will be mission capable. 
        The Secretary shall also ensure that the types of power boats 
        that are being requested are appropriate for both the waterways 
        in which they are to be used and the mission requirements.
            (2) The Secretary of Homeland Security shall keep the 
        appropriate congressional committees informed of the fleet of 
        motor vehicles appropriate for use by Border Patrol agents and, 
        when necessary, by Customs and Border Protection officers, that 
        will permit a ratio of at least one mission specific vehicle 
        per every three agents or officers. Each vehicle shall have a 
        ``panic button'' and a global positioning system device that 
        may be activated solely in emergency situations for the purpose 
        of tracking the location of an agent or officer in distress.
            (3) The Secretary of Homeland Security shall equip each 
        mission specific vehicle in the fleet of the Border Patrol and 
        when necessary, U.S. Customs and Border Protection, with a 
        portable electronic device that would allow agents to access 
        necessary law enforcement databases and otherwise suited to the 
        unique operational requirements of the Border Patrol and, when 
        necessary, U.S. Customs and Border Protection. Each such 
        portable electronic device shall be equipped with a ``panic 
        button'' and a global positioning system device that is 
        activated solely in emergency situations for the purpose of 
        tracking the location of an agent or officer in distress.
            (4) The Secretary of Homeland Security shall equip each 
        Border Patrol agent, and when necessary, each U.S. Customs and 
        Border Protection officer, with a hand-held global positioning 
        system device for navigational purposes.
            (5) The Secretary of Homeland Security provide for the 
        equipment needs for night time operations, including night 
        vision equipment, by Customs and Border Protection officers and 
        Border Patrol agents.
            (6) The Secretary of Homeland Security shall issue every 
        Border Patrol agent and Customs and Border Protection officer 
        high-quality body armor that is appropriate for the climate and 
        risks faced by such agents and officers.
    (c) Use and Training.--The Secretary of Homeland Security shall 
establish an overall policy on how the equipment and vehicles described 
in subsection (b) will be used, and implement training programs for the 
agents and officers who use such equipment and vehicles, including safe 
operating procedures and rescue operations.

         TITLE III--STRENGTHENING INFRASTRUCTURE AND TECHNOLOGY

SEC. 301. PILOT PROGRAM ON BORDER CONNECTIVITY.

    (a) Establishment.--The Secretary of Homeland Security shall 
conduct a pilot program to provide a tactical cellular testbed on the 
southwest border of the United States that serves as both a 
communications platform and an intelligence data transport layer 
between a dismounted team and the nearest communications node. Such 
pilot program shall be designed to--
            (1) test and deploy 3G/4G communications and intelligence 
        collection devices;
            (2) evaluate and test solutions that are ruggedized, 
        rapidly deployable, highly mobile, and customizable cellular 
        network capable of meeting multimission requirements and 
        providing complete connectivity in harsh and dynamic operating 
        environments;
            (3) support the breadth of cellular technologies, including 
        technologies currently being leveraged by the Department of 
        Defense;
            (4) test and evaluate communications that are interoperable 
        with existing communications capabilities, such as tactical 
        push-to-talk radios;
            (5) pass data via the platform that includes biometric, 
        forensic, and cellular exploitation data;
            (6) provide communications and data transport capabilities 
        that are available on-the-move with no disruption in service 
        and that integrate advanced geo-location capabilities;
            (7) evaluate a platform that is able to operate as a 
        standalone system or be scalable to support multilevel 
        operations in order to meet user specifications and operational 
        needs; and
            (8) provide secure communications and the rapid 
        dissemination of biometric, forensic, and other collected 
        information to exploitation centers for analysis within minutes 
        and provide a secure path back to the dismounted agent for 
        alerts and immediate feedback.
    (b) Report to Congress.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
submit to the appropriate congressional committees a report on the 
Secretary's plan to conduct the pilot program described in subsection 
(a).

                 TITLE IV--SECURING THE PORTS OF ENTRY

SEC. 401. BIOMETRIC EXIT DATA SYSTEM.

    (a) Establishment.--
            (1) Exit data system.--Not later than December 31, 2015, 
        the Secretary of Homeland Security shall establish a mandatory 
        exit data system that includes the collection of data from 
        machine-readable visas, passports, and other travel and entry 
        documents for all categories of aliens who are exiting from air 
        and sea ports of entry.
            (2) Biometric exit data system.--Not later than two years 
        after the date of the enactment of this Act, the Secretary of 
        Homeland Security, in accordance with subsection (b) and in 
        consultation with nongovernmental organizations, academic 
        experts, and appropriate stakeholders representing the aviation 
        and transportation industries, shall establish a mandatory 
        biometric exit data system at the ten United States airports 
        that support the highest volume of international air travel, as 
        determined by Department of Transportation international flight 
        departure data.
            (3) Study and report.--Not later than three years after the 
        establishment of the mandatory biometric exit data system under 
        paragraph (2), the Secretary of Homeland Security shall conduct 
        a study of the effectiveness of such system at the ten airports 
        referred to in such paragraph and submit to the appropriate 
        congressional committees a report on the results of such study.
            (4) Expansion of biometric exit data system.--Not later 
        than four years after the establishment of the mandatory 
        biometric exit data system under paragraph (2), the Secretary 
        of Homeland Security shall--
                    (A) establish such system at the Core 30 
                international airports in the United States, as 
                designated by the Federal Aviation Administration; and
                    (B) submit to the appropriate congressional 
                committee a plan for the establishment of such system 
                at major sea and land ports of entry based upon--
                            (i) the performance of such system at the 
                        ten airports referred to in such paragraph; and
                            (ii) the findings of the study conducted 
                        pursuant to paragraph (3).
    (b) Requirements for Biometric Exit Data System.--The mandatory 
biometric exit data system established under subsection (a)(2) shall--
            (1) recognize the advantages of being able to confirm an 
        individual's identity, and potentially such individual's threat 
        level, upon initial interaction at ports of entry;
            (2) leverage existing and proven biometric technologies 
        utilized within the Department of Homeland Security;
            (3) capitalize on lessons learned from the Department of 
        Defense use of biometric technologies in Iraq and Afghanistan;
            (4) integrate with existing biometric databases across the 
        Federal Government;
            (5) assess the role of biometric technologies in the 
        Department of Homeland Security's risk-based security model; 
        and
            (6) assess operational and funding requirements of 
        Department of Homeland Security components, specifically U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement.

SEC. 402. NEXUS, SENTRI, AND FAST ASSESSMENT.

    The Comptroller General of the United States shall submit to the 
appropriate congressional committees a study of registered traveler 
programs that--
            (1) evaluates existing screening procedures to focus on 
        security risks and creating clear guidelines for program 
        participation;
            (2) identifies any vulnerabilities in such procedures and 
        making recommendations to rectify such vulnerabilities; and
            (3) assesses the feasibility of expanding such registered 
        traveler programs to additional ports of entry or additional 
        lanes at ports of entry where such programs are currently in 
        operation, provided that any existing vulnerabilities are 
        addressed.

SEC. 403. ELECTRONIC DEVICE SEARCH AND SEIZURE STANDARDS AT PORTS OF 
              ENTRY.

    (a) Rule With Respect to Border Security Searches of Electronic 
Devices.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security, 
        acting through the Commissioner of U.S. Customs and Border 
        Protection, in coordination with the Assistant Secretary of 
        Homeland Security for U.S. Immigration and Customs Enforcement 
        and the senior official appointed pursuant to section 222 of 
        the Homeland Security Act of 2002 (6 U.S.C. 142), shall issue a 
        rule with respect to the scope of and procedural and 
        recordkeeping requirements associated with border security 
        searches of electronic devices.
            (2) Content.--The rule issued pursuant to paragraph (1) 
        shall include the following:
                    (A) A requirement that information collected during 
                a border security search of an electronic device that 
                is determined to be commercial information, including 
                trade secrets, information subject to attorney-client 
                privilege, information subject to doctor-patient 
                privilege, or information subject to another privilege 
                or protection shall be handled in accordance with the 
                laws, rules, and regulations governing such information 
                and shall not be shared with a Federal, State, local, 
                tribal, territorial, or foreign agency unless it is 
                determined that such agency has the mechanisms in place 
                to comply with such laws, rules, and regulations.
                    (B) A requirement that authorized agents, to the 
                greatest extent practicable, conduct all border 
                security searches of electronic devices in the presence 
                of a supervisor and, where appropriate, in the presence 
                of the individuals whose electronic devices are subject 
                to such searches.
                    (C) A determination of the number of days that an 
                electronic device subjected to a border security search 
                or the information collected from such device may be 
                retained, unless probable cause exists, that prohibits 
                retention exceeding the period necessary to translate, 
                decrypt, or reasonably search such device or 
                information and that requires such information to be 
                destroyed if in the custody of an authorized agent 
                after such number of days.
                    (D) A requirement that if information collected 
                from an electronic device subjected to a border 
                security search is copied, shared, retained, or entered 
                into an electronic database, the individual from whose 
                electronic device such information is collected shall 
                receive written notification of such copying, sharing, 
                retention, or entry unless such notification would 
                hinder an investigation involving national security or 
                would meet another criteria established by the 
                Secretary of Homeland Security in the rule.
                    (E) A requirement that an individual subjected to a 
                border security search of an electronic device shall 
                receive a receipt for such device if such device is 
                removed from the possession of such individual.
                    (F) A requirement that an individual subjected to a 
                border security search of an electronic device shall 
                receive notice of how to report abuses or concerns and 
                how to seek redress from the Department of Homeland 
                Security.
                    (G) A requirement that information on the rights of 
                individuals with respect to border security searches 
                and Department of Homeland Security redress procedures 
                shall be posted at all ports of entry in locations that 
                are likely to be viewed by individuals subject to 
                border security searches.
                    (H) A privacy impact assessment of the rule, as 
                prepared by the senior official appointed pursuant to 
                section 222 of the Homeland Security Act of 2002, that 
                includes recommendations with respect to the copying, 
                sharing, retention, and entry into an electronic 
                database of personally identifiable information 
                collected from electronic devices subjected to a border 
                security search.
                    (I) A civil liberties impact assessment of the 
                rule, as prepared by the Officer for Civil Rights and 
                Civil Liberties of the Department of Homeland Security.
    (b) Training and Auditing With Respect to the Rule.--
            (1) Training.--The Secretary of Homeland Security shall 
        provide each authorized agent with appropriate training to 
        conduct border security searches of electronic devices in 
        accordance with the rule issued pursuant to subsection (a). The 
        training shall include instruction on constitutional, privacy, 
        civil rights, and civil liberties issues related to such 
        searches.
            (2) Auditing.--The Secretary of Homeland Security, acting 
        through the Inspector General of the Department of Homeland 
        Security, shall develop and annually administer an auditing 
        mechanism to review whether authorized agents are conducting 
        border security searches of electronic devices in accordance 
        with the rule issued pursuant to subsection (a).
    (c) Report.--Not later than 90 days after the effective date of the 
rule issued pursuant to subsection (a) and quarterly thereafter, the 
Secretary of Homeland Security shall submit to the appropriate 
congressional committees a report that includes the following:
            (1) A description of the activities of authorized agents 
        with respect to border security searches of electronic devices.
            (2) A description of the manner in which the Department of 
        Homeland Security has complied with the requirements of this 
        section.
            (3) The number, by port of entry, of border security 
        searches of electronic devices conducted during the reporting 
        period.
            (4) The number, by port of entry, of instances during the 
        reporting period that information from an electronic device 
        subjected to a border security search was retained, copied, 
        shared, or entered in an electronic database, including the 
        number of electronic devices retained as the result of any such 
        border security search.
            (5) The race, ethnicity, national origin, and citizenship 
        of each individual whose electronic device was subjected to a 
        border security search during the reporting period, to 
        determine the existence or absence of racial profiling.
            (6) The number of instances during the reporting period 
        that information collected from an electronic device subjected 
        to a border security search was referred to a law enforcement 
        or intelligence agency for further action, including whether 
        such information resulted in a prosecution or conviction.
    (d) Definitions.--In this section:
            (1) Authorized agent.--The term ``authorized agent'' means 
        an agent, officer, or official of United States Customs and 
        Border Protection, United States Immigration and Customs 
        Enforcement, or any other office or agency of the Department of 
        Homeland Security who is authorized to conduct a border 
        security search.
            (2) Border security search.--The term ``border security 
        search'' means a search by an authorized agent of persons, 
        baggage, or cargo entering, departing, or passing through the 
        United States through any port of entry.
            (3) Electronic device.--The term ``electronic device'' 
        means an electronic, magnetic, optical, electrochemical, or 
        other high-speed data processing device performing logical, 
        arithmetic, or storage functions, such as a computer, a 
        cellular telephone, or any other device used for electronic 
        communication or for storing electronic, digital or analog 
        data, and which includes any data storage facility or 
        communications facility directly related to or operating in 
        conjunction with such device.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

     TITLE V--FEDERAL, STATE, AND LOCAL COORDINATION AND ASSISTANCE

SEC. 501. COORDINATION OF LAND AND MARITIME BORDER ENFORCEMENT EFFORTS.

    The Inspector General of the Department of Homeland Security shall 
submit to Congress a report on the state of coordination between U.S. 
Customs and Border Protection and the Coast Guard regarding land and 
maritime border enforcement efforts and make recommendations to enhance 
such coordination, rectify any jurisdictional issues that are 
identified, and improve such border security enforcement efforts.

SEC. 502. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE.

    (a) Establishment.--
            (1) In general.--There is established an independent task 
        force, which shall be known as the Department of Homeland 
        Security Border Oversight Task Force (referred to in this 
        section as the ``DHS Task Force'').
            (2) Duties.--The DHS Task Force shall--
                    (A) review and make recommendations regarding 
                immigration and border enforcement policies, 
                strategies, and programs that take into consideration 
                their impacts on border communities;
                    (B) recommend ways in which the Border Communities 
                Liaison Offices can strengthen relations and 
                collaboration between communities in the border regions 
                and the Department of Homeland Security and other 
                Federal agencies that carry out such policies, 
                strategies, and programs;
                    (C) evaluate how the policies, strategies, and 
                programs of Federal agencies operating along the 
                international borders between the United States and 
                Mexico and between the United States and Canada protect 
                the due process, civil, and human rights of border 
                residents, visitors, and migrants at and near such 
                borders; and
                    (D) evaluate and make recommendations regarding the 
                training of border enforcement personnel.
            (3) Membership.--
                    (A) In general.--The DHS Task Force shall be 
                composed of 26 members, appointed by the President, who 
                have expertise in migration, local crime indices, civil 
                and human rights, community relations, cross-border 
                trade and commerce, quality of life indicators, or 
                other pertinent experience, of whom--
                            (i) 13 members shall be from the northern 
                        border region and shall include--
                                    (I) two local government elected 
                                officials;
                                    (II) two local law enforcement 
                                official;
                                    (III) two civil rights advocates;
                                    (IV) one business representative;
                                    (V) one higher education 
                                representative;
                                    (VI) one representative of a faith 
                                community;
                                    (VII) two representatives of the 
                                Border Patrol; and
                                    (VIII) two tribal officials; and
                            (ii) 17 members shall be from the southern 
                        border region and shall include--
                                    (I) three local government elected 
                                officials;
                                    (II) three local law enforcement 
                                officials;
                                    (III) three civil rights advocates;
                                    (IV) two business representatives;
                                    (V) one higher education 
                                representative;
                                    (VI) one representative of a faith 
                                community;
                                    (VII) two representatives of the 
                                Border Patrol; and
                                    (VIII) two tribal officials.
                    (B) Nongovernmental appointees.--Individuals 
                appointed as members of the DHS Task Force may not be 
                employed by the Federal Government.
                    (C) Term of service.--Members of the Task Force 
                shall be appointed for the shorter of--
                            (i) three years; or
                            (ii) the duration of the DHS Task Force.
                    (D) Chair, vice chair.--The members of the DHS Task 
                Force shall elect a Chair and a Vice Chair from among 
                its members, who shall serve in such capacities for the 
                duration of the DHS Task Force or until removed by the 
                majority vote of at least 14 members.
    (b) Operations.--
            (1) Initial meeting.--The DHS Task Force shall hold its 
        first meeting not later than 90 days after the date of the 
        enactment of this Act.
            (2) Hearings.--The DHS Task Force may, for the purpose of 
        carrying out its duties, hold hearings, sit and act, take 
        testimony, receive evidence, and administer oaths.
            (3) Recommendations.--The DHS Task Force may make findings 
        or recommendations to the Secretary of Homeland Security 
        related to the duties described in subsection (a)(2).
            (4) Response.--Not later than 180 days after receiving the 
        findings and recommendations from the DHS Task Force under 
        paragraph (2), the Secretary of Homeland Security shall issue a 
        response that describes how the Department of Homeland Security 
        has addressed, or will address, such findings and 
        recommendations.
            (5) Information from federal agencies.--The Chair, or 16 
        members of the DHS Task Force, may request statistics relating 
        to the duties described in subsection (a)(2) directly from the 
        head of any Federal agency, who shall, to the extent authorized 
        by law, furnish such information, suggestions, estimates, and 
        statistics directly to the DHS Task Force.
            (6) Compensation.--Members of the DHS Task Force shall 
        serve without pay, but shall be reimbursed for reasonable 
        travel and subsistence expenses incurred in the performance of 
        their duties.
    (c) Report.--Not later than two years after its first meeting under 
subsection (b)(1), the DHS Task Force shall submit to the President, 
the appropriate congressional committees, and the Secretary of Homeland 
Security a final report that contains--
            (1) findings with respect to the duties of the DHS Task 
        Force; and
            (2) recommendations regarding border and immigration 
        enforcement policies, strategies, and programs, including--
                    (A) a recommendation as to whether the DHS Task 
                Force should continue to operate; and
                    (B) a description of any duties the DHS Task Force 
                should be responsible for after the termination date 
                described in subsection (d).

                  TITLE VI--INTERNATIONAL COOPERATION

SEC. 601. NORTH AND CENTRAL AMERICAN BORDER SECURITY COOPERATION 
              INITIATIVE.

    (a) Assessment of Needs.--The Secretary of Homeland Security, in 
consultation with the Secretary of State, shall work with the 
appropriate officials of the Government of Canada and the Government of 
Mexico to establish a program to assess the specific needs of the 
countries of Central America to maintain the security of the 
international borders of such countries and to determine the support 
needed by such countries from the United States, Canada, and Mexico, to 
meet such needs.
    (b) Provision of Assistance.--
            (1) In general.--The Secretary of Homeland Security, in 
        cooperation with the Secretary of State, shall work with the 
        appropriate officials of the governments of the countries of 
        Central America to provide, pursuant to the assessment of 
        specific needs determined under subsection (a), the necessary 
        equipment, technical assistance, and vehicles to manage, 
        regulate, and patrol the international borders of such 
        countries. The Secretary of Homeland Security shall establish 
        Special Vetted Units of U.S. Immigration and Customs 
        Enforcement in Central American countries, including in 
        Honduras, where such units do not currently exist.
            (2) Reporting.--The Secretary of Homeland Security shall 
        submit to the appropriate congressional committees periodic 
        reports on the utilization of United States assistance under 
        paragraph (1) and the effectiveness of such assistance.

SEC. 602. ENHANCING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

    (a) Provision of Assistance.--The Secretary of Homeland Security, 
in cooperation with the Secretary of State, shall provide to Mexico 
assistance to help secure Mexico's southern border from undocumented 
aliens, drugs, weapons, and other contraband.
    (b) Reporting.--The Secretary of Homeland Security, in cooperation 
with the Secretary of State, shall submit to the appropriate 
congressional committees an annual report on the assistance provided in 
accordance with subsection (a) and an evaluation of its effectiveness.

SEC. 603. CARIBBEAN COOPERATION INITIATIVE.

    (a) Assessment of Needs.--The Secretary of Homeland Security, in 
cooperation with the Secretary of State, shall work with appropriate 
officials of governments of Caribbean countries to establish a program 
to assess the specific needs of such countries to address the unique 
challenges of maritime border security.
    (b) Provision of Assistance.--
            (1) In general.--The Secretary of Homeland Security, in 
        cooperation with the Secretary of State, shall work with 
        appropriate officials of the governments of the countries of 
        the Caribbean to provide, pursuant to the assessment of 
        specific needs determined under subsection (a), the necessary 
        equipment, technical assistance, and vehicles to manage, 
        regulate, and patrol the international maritime borders of such 
        countries. The Secretary of Homeland Security shall establish 
        Special Vetted Units of U.S. Immigration and Customs 
        Enforcement, U.S. Customs and Border Protection, and the Coast 
        Guard in such Caribbean countries, where such units do not 
        currently exist.
            (2) Reporting.--The Secretary of Homeland Security shall 
        submit to the appropriate congressional committees periodic 
        reports on the utilization of United States assistance under 
        paragraph (1) and the effectiveness of such assistance.

   TITLE VII--SECURE AND HUMANE DETENTION AND EFFECTIVE REPATRIATION.

SEC. 701. IMMIGRATION DETENTION STANDARDS.

    (a) In General.--The Secretary of Homeland Security shall establish 
standards based on guidelines developed in conjunction with outside 
immigrant rights advocacy groups regarding appropriate treatment of 
immigration detainees, including guidelines specifically for children 
at family detention centers.
    (b) Minimum Standards.--Not later than 18 months after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
establish minimum standards for the treatment of immigration detainees 
that shall include at a minimum the following:
            (1) Fair and humane treatment.--Procedures to ensure that 
        detainees are not subject to degrading or inhumane treatment 
        such as physical abuse, sexual abuse or harassment, or 
        arbitrary punishment.
            (2) Limitations on solitary confinement.--Solitary 
        confinement shall be used only in exceptional cases, for as 
        short a time as possible, and only as a last resort. The 
        decision to place someone in solitary confinement should be 
        reviewed regularly and should not exceed 30 days. Children and 
        the mentally ill shall not be placed in solitary confinement. 
        Procedures limiting the use of solitary confinement, shackling, 
        and strip searches of detainees to situations where the use of 
        such techniques is necessitated by security interests or other 
        extraordinary circumstances.
            (3) Investigation of grievances.--Procedures for the prompt 
        and effective investigation of grievances raised by detainees.
            (4) Access to telephones.--Procedures permitting detainees 
        sufficient access to telephones, and the ability to contact, 
        free of charge, legal representatives, the immigration courts, 
        the Board of Immigration Appeals, and the Federal courts 
        through confidential toll-free numbers.
            (5) Location of facilities.--Location of detention 
        facilities, to the extent practicable, near sources of free or 
        low-cost legal representation with expertise in asylum or 
        immigration law.
            (6) Procedures governing transfers of detainees.--
        Procedures governing the transfer of a detainee that take into 
        account--
                    (A) the detainee's access to legal representatives, 
                existing attorney-client relationship and location of 
                family within the United States; and
                    (B) the proximity of the facility to the venue of 
                the removal proceeding.
            (7) Interpretation and translation capabilities.--The 
        employment of detention facility staff that, to the extent 
        practicable, are qualified in the languages represented in the 
        population of detainees at a detention facility, and the 
        provision of alternative interpretation services and 
        translation of vital documents when necessary.
            (8) Recreational programs and activities.--Daily access to 
        indoor and outdoor recreational programs and activities.
            (9) Access to counsel and legal information.--Access to 
        legal orientation presentation programs, counsel, information 
        about one's legal case, including prompt filing of the notice 
        to appear and access to a law library.
            (10) Quality medical care.--
                    (A) In general.--The Secretary of Homeland Security 
                shall ensure that prompt and adequate emergency, 
                primary, specialty, and hospital medical care is 
                provided at no cost to detainees, including dental 
                care, eye care, mental health care, individual and 
                group counseling, and medical dietary needs.
                    (B) Medical facilities.--The Secretary of Homeland 
                Security shall ensure that medical facilities in all 
                detention facilities maintain current accreditation by 
                the National Commission on Correctional Health Care 
                (NCCHC). NCCHC reports of accreditation findings shall 
                be made public.
                    (C) Medical records.--The Secretary of Homeland 
                Security shall ensure that complete and confidential 
                medical records are maintained for every detainee, and 
                that such records are made available upon request to 
                the detainee, his or her legal representative, or other 
                authorized individuals.
    (c) Negotiated Rulemaking.--
            (1) In general.--Before publishing the proposed regulations 
        required by paragraph (2) to carry out this title, the 
        Secretary of Homeland Security shall establish a negotiated 
        rulemaking process pursuant to subchapter IV of chapter 5 of 
        title 5, United States Code.
            (2) Representation on negotiated rulemaking committee.--Any 
        negotiated rulemaking committee established by the Secretary of 
        Homeland Security pursuant to paragraph (1) shall include 
        representatives from--
                    (A) nongovernmental and intergovernmental 
                organizations experienced in providing legal, social, 
                and health services to immigrants and refugees; and
                    (B) the Department of Homeland Security.

SEC. 702. DETENTION MANAGEMENT.

    (a) Compliance Monitoring.--The Inspector General of the Department 
of Homeland Security shall monitor compliance with detention guidelines 
promulgated under section 701 at U.S. Immigration and Customs 
Enforcement-operated and -contracted immigration detention facilities.
    (b) Additional Monitoring.--In the case of U.S. Immigration and 
Customs Enforcement-contracted facilities, the Inspector General of the 
Department of Homeland Security shall, in addition to the compliance 
monitoring required under subsection (a), conduct an assessment of 
contract costs and contract compliance at such facilities.
    (c) Reporting.--The Inspector General of the Department of Homeland 
Security shall submit to the appropriate congressional committees a 
quarterly report containing findings and recommendations of the 
Inspector General regarding the monitoring required under subsections 
(a) and (b).

SEC. 703. ALTERNATIVES TO DETENTION FOR FAMILIES AND VULNERABLE 
              POPULATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out the implementation and utilization of secure 
alternatives to detention programs.
    (b) Secure Alternatives to Detention Programs.--
            (1) Nature of the program.--For purposes of this section, 
        the programs referred to in subsection (a) are programs under 
        which aliens are screened, supervised, monitored, provided with 
        information about the legal process by nongovernmental 
        organizations, and referred to nongovernmental legal and social 
        service providers as needed to ensure such aliens appear at all 
        immigration interviews, appointments, and hearings. The 
        Secretary of Homeland Security shall develop custodial 
        alternatives programs that may include the use of electronic 
        monitoring devices and noncustodial alternatives programs. The 
        elements of the secure alternatives to detention program are--
                    (A) group presentations and individual screening;
                    (B) on-going supervision and monitoring; and
                    (C) referrals to assistance from nongovernmental 
                organizations.
            (2) Voluntary participation.--An alien's participation in 
        the programs described in subsection (b) is voluntary and shall 
        not confer any rights or benefits to the alien under the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
            (3) Program development.--The programs described in 
        subsection (b) shall be developed in accordance with the 
        following guidelines:
                    (A) The Secretary of Homeland Security shall design 
                the programs in consultation with nongovernmental 
                organizations, academic experts, and appropriate 
                stakeholders representing Department of Homeland 
                Security officials in charge of detention facilities.
                    (B) The Secretary of Homeland Security shall enter 
                into contracts with qualified community-based 
                nongovernmental entities that provide services to 
                aliens to provide screening, legal referrals, and 
                social services for secure alternatives to detention 
                programs.
                    (C) The Secretary of Homeland Security shall ensure 
                that each alien participates in a legal presentation 
                provided through the legal orientation presentation 
                program administered by the Executive Office for 
                Immigration Review.
    (c) Protection of Vulnerable Populations.--When possible, within 72 
hours of detaining an alien, the Secretary of Homeland Security shall 
screen such alien to determine if such alien falls into one or more of 
the following designated groups:
            (1) Aliens who have serious medical or mental health needs 
        or a disability.
            (2) Pregnant or nursing women.
            (3) Aliens who are being detained with one or more of their 
        children.
            (4) Aliens who provide financial, physical, and other 
        direct support to their minor children, parents, or other 
        dependents.
            (5) Aliens who are over the age of 65.
            (6) Children, as defined at section 101(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(c)(1)).
            (7) Victims of abuse, violence, crime, or trafficking.
            (8) Asylum seekers.
            (9) Other groups designated in regulations or guidance 
        promulgated by the Secretary.
            (10) Aliens who have a reasonable claim to United States 
        citizenship or aliens who are eligible for relief under a 
        provision of the Immigration and Nationality Act.
    (d) Alternatives to Detention, Placement, and Custody Decisions.--
            (1) In general.--Not later than 72 hours after an alien's 
        detention unless such 72-hour requirement is waived in writing 
        by such alien, such alien shall be released from the Department 
        of Homeland Security's custody on parole, a reasonable bond, or 
        such alien's own recognizance, and shall not be subject to 
        electronic monitoring, if the Department demonstrates that--
                    (A) such alien is not subject to mandatory 
                detention under sections 235(b)(1)(B)(iii)(IV) or 236A 
                of the Immigration and Nationality Act, or mandatory 
                custody under section 236(c) such Act;
                    (B) such alien does not pose a danger to others or 
                a risk to national security; and
                    (C) is a member of a vulnerable population as 
                defined by subsection (c).
            (2) Release.--An alien shall be released under this 
        subsection--
                    (A) on such alien's own recognizance;
                    (B) by posting a reasonable bond under section 
                236(a) of the Immigration and Nationality Act; or
                    (C) on parole in accordance with section 
                212(d)(5)(A) of such Act.
            (3) Other participation.--An alien who is denied release on 
        recognizance, parole, or bond, or is unable to pay the bond, 
        shall be selected for participation in the secure alternatives 
        to detention programs described in subsection (b) unless the 
        Secretary of Homeland Security demonstrates--
                    (A) that such alien is subject to mandatory 
                detention under section 235(b)(1)(B)(iii)(IV) of the 
                Immigration and Nationality Act, or subsections (a) or 
                (c) of section 236 of such Act;
                    (B) substantial evidence that such alien is a 
                flight risk where the risk of such alien's flight 
                cannot be mitigated through the use of services, 
                supervision, or monitoring; or
                    (C) such alien's participation in the programs 
                would create a risk to others or national security.
            (4) Custody.--If an alien is determined not to meet the 
        requirements for release on recognizance, bond, or parole, or 
        subsequently does not meet the requirements for secure 
        alternatives to detention programs described in subsection (b), 
        such alien may be considered for placement in custodial 
        alternatives to detention programs that maintain custody over 
        such alien, such as through the use of electronic ankle 
        devices. The Secretary of Homeland Security shall make an 
        individualized determination in each alien's case about the use 
        of electronic monitoring and shall review such decision on a 
        monthly basis. Aliens who would otherwise be subject to 
        detention, including under section 236 of the Immigration and 
        Nationality Act, may be placed in electronic monitoring or 
        other alternatives to detention that maintain custody over such 
        alien.
    (e) Decisions Under This Section.--In the case of a decision under 
subsection (d), the following shall apply:
            (1) Such decision shall be made in writing and shall be 
        served upon the alien concerned in the language spoken by such 
        alien. A decision to continue detention without releasing such 
        alien on recognizance, bond, or parole, or enrollment in the 
        secure alternatives to detention programs described in 
        subsection (b) shall specify in writing the reasons for such 
        decision.
            (2) Such decision shall be served upon such alien within 72 
        hours of such alien's detention or, in the case of an alien 
        subject to sections 235, 238, or 241(a)(5) of the Immigration 
        and Nationality Act, within 72 hours of a positive credible or 
        reasonable fear determination.
            (3) An alien subject to this section, including all aliens 
        who are entitled to a removal hearing under section 240 of the 
        Immigration and Nationality Act, may at any time after being 
        served with the Secretary of Homeland Security's decision under 
        subsection (d) request a redetermination of such decision by an 
        immigration judge.
    (f) Applicability.--The Attorney General or an immigration judge, 
at any time, may redetermine an alien's classification as a member of a 
vulnerable population under subsection (c), the bond of an alien 
released, or the custody status of an alien placed in the alternatives 
to detention programs described in subsection (b). Nothing in this 
section shall preclude an alien from being released on bond after 
initially participating in the alternatives to detention programs.
    (g) Eligibility and Operations.--Nothing in this section shall be 
construed to modify the care and custody of unaccompanied alien 
children (defined in section 462(g)(2) of the Homeland Security Act (6 
U.S.C. 279(g)(2))) who shall be considered to be in the care and 
exclusive custody of the Department of Health and Human Services. Such 
children shall not be subject to expedited removal and shall not be 
permitted to participate in the alternatives to detention programs 
described in subsection (b).

SEC. 704. SHORT TERM DETENTION STANDARDS AT AND BETWEEN PORTS OF ENTRY.

    (a) Proper Access to Food and Water Upon or as Soon as Practicable 
Following Apprehension and During Short Term Detention at Border Patrol 
Processing Centers.--The Secretary of Homeland Security, acting through 
the Chief of the Border Patrol, shall ensure that adequate access to 
food and water is provided to an alien apprehended and detained by a 
Border Patrol agent between ports of entry upon or as soon as 
practicable following the time of such apprehension or during 
subsequent short term detention.
    (b) Access to Information on Detainee Rights at Border Patrol 
Processing Centers.--
            (1) In general.--The Secretary of Homeland Security, acting 
        through the Chief of the Border Patrol, shall ensure that an 
        alien unlawfully present in the United States who is 
        apprehended by a Border Patrol agent is promptly provided with 
        information concerning such alien's rights, including the right 
        to contact a representative of such alien's government for 
        purposes of United States treaty obligations.
            (2) Form.--The information referred to in paragraph (1) may 
        be provided either verbally or in writing by the apprehending 
        Border Patrol agent, and shall be posted in the detention 
        holding cell in which such alien is being held. The information 
        shall be provided in a language understandable to such alien.
    (c) Documentation Concerning Repatriated Aliens.--The Secretary of 
Homeland Security shall establish and maintain a database containing 
the following information relating to aliens unlawfully present in the 
United States apprehended and detained by Border Patrol agents:
            (1) Information on the location of repatriation.
            (2) Information on groups of families repatriated.
            (3) Information on the locations of other members of 
        families, if separated during apprehension or detention.
            (4) Information on the medical conditions of apprehended 
        and detained aliens.
            (5) Information on any personal property that was returned 
        to the alien upon repatriation.
    (d) Short Term Detention Defined.--In this section, the term 
``short term detention'' means detention in a United States Border 
Patrol processing center for 72 hours or less, before repatriation to a 
country of nationality or last habitual residence.
    (e) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the appropriate congressional committees a report on the procurement 
process and standards of entities with which the Department of Homeland 
Security has contracts for the transportation and detention of aliens 
unlawfully present in the United States apprehended by agents or 
officers of the Department. Such report should also consider the 
operational efficiency of contracting out transportation and detention 
of aliens unlawfully present in the United States.

SEC. 705. REPORT ON NONDEPORTABLE ALIENS.

    Not later than 90 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
appropriate congressional committees a report on the number and country 
of origin of nondeportable aliens who have been released into the 
United States over the past ten years.
                                 <all>