[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1358

  To establish regional processing centers, to improve the asylum and 
credible fear processes to promote fairness and efficiency, to require 
   immigration court docketing priorities during irregular migration 
   influx events, and to improve the capability of the Department of 
  Homeland Security to manage migration flows, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

Mr. Cornyn (for himself and Ms. Sinema) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish regional processing centers, to improve the asylum and 
credible fear processes to promote fairness and efficiency, to require 
   immigration court docketing priorities during irregular migration 
   influx events, and to improve the capability of the Department of 
  Homeland Security to manage migration flows, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bipartisan Border 
Solutions Act of 2021''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Regional processing centers.
Sec. 4. Credible fear determination and asylum process improvement 
                            pilot programs.
Sec. 5. Immigration court docketing priorities during irregular 
                            migration influx events.
Sec. 6. Office for Civil Rights and Civil Liberties impact assessment.
Sec. 7. Plan to expand legal orientation program.
Sec. 8. Modifications to U.S. Customs and Border Protection standards 
                            on transport, escort, detention, and search 
                            to conform with legal orientation program 
                            requirements.
Sec. 9. Standard operating procedures; facilities standards.
Sec. 10. Criminal background checks for sponsors of unaccompanied alien 
                            children.
Sec. 11. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.
Sec. 12. Accountability for children and taxpayers.
Sec. 13. Hiring authority.
Sec. 14. Reports to Congress.
Sec. 15. Improving the ability to transport migrants.
Sec. 16. Rule of construction.
Sec. 17. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alien.--The term ``alien'' has the meaning given the 
        term in section 101(a) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)).
            (2) Appropriate committee of congress.--The term 
        ``appropriate committee of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs and the Committee on the Judiciary 
                of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on the Judiciary of the House of 
                Representatives.
            (3) Immigration laws.--The term ``immigration laws'' has 
        the meaning given the term in section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)).
            (4) Irregular migration influx event.--The term ``irregular 
        migration influx event'' means a period during which there is a 
        significant increase in, or a sustained large number of, 
        Department of Homeland Security encounters with aliens who--
                    (A) do not use the formal immigration system of the 
                United States or the countries they are traveling 
                through; and
                    (B) intend to enter the United States.
            (5) Legally determinative aspect of the asylum process.--
        The term ``legally determinative aspect of the asylum process'' 
        means any stage of the asylum process in which the alien is 
        present and evidence of an alien's credible fear of persecution 
        or eligibility for asylum is gathered or considered, or a 
        determination of an alien's credible fear of persecution or 
        eligibility for asylum is made, including--
                    (A) a credibility determination under section 
                208(b)(1)(B)(iii) of the Immigration and Nationality 
                Act (8 U.S.C. 1158(b)(1)(B)(iii));
                    (B) an asylum interview and credible fear 
                determination under section 235(b)(1)(B) of that Act;
                    (C) an immigration judge review of a negative 
                credible fear determination under clause (iii)(III) of 
                that section; and
                    (D) a removal proceeding under section 240 of that 
                Act.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (7) Unaccompanied alien child.--The term ``unaccompanied 
        alien child'' has the meaning give the term in section 462(g) 
        of the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. 3. REGIONAL PROCESSING CENTERS.

    Subtitle C of title IV of the Homeland Security Act of 2002 (6 
U.S.C. 231 et seq.) is amended by adding at the end the following:

``SEC. 437. REGIONAL PROCESSING CENTERS.

    ``(a) In General.--The Secretary shall establish not fewer than 4 
regional processing centers located in high traffic sectors of U.S. 
Border Patrol, as determined by the Secretary, along the southern 
border land border of the United States (referred to in this section as 
a `regional processing center').
    ``(b) Purpose.--The regional processing centers shall carry out 
processing and management activities, including--
            ``(1) criminal history checks;
            ``(2) identity verification;
            ``(3) biometrics collection and analysis;
            ``(4) medical screenings;
            ``(5) asylum interviews and credible fear determinations 
        under section 235 of the Immigration and Nationality Act (8 
        U.S.C. 1225) and reasonable fear determinations under section 
        241(b)(3)(B) of that Act (8 U.S.C. 1231(b)(3)(B));
            ``(6) facilitating coordination and communication between 
        Federal entities and nongovernmental organizations that are 
        directly involved in providing assistance to aliens;
            ``(7) legal orientation programming and communication 
        between aliens and outside legal counsel;
            ``(8) issuance of legal documents relating to immigration 
        court proceedings of aliens;
            ``(9) short-term detention of not more than 72 hours before 
        release or transfer to another facility; and
            ``(10) any other activity the Secretary considers 
        appropriate.
    ``(c) Personnel and Living Conditions.--The regional processing 
centers shall include--
            ``(1) personnel assigned from--
                    ``(A) U.S. Customs and Border Protection;
                    ``(B) U.S. Immigration and Customs Enforcement;
                    ``(C) the Federal Emergency Management Agency;
                    ``(D) U.S. Citizenship and Immigration Services; 
                and
                    ``(E) the Office of Refugee Resettlement;
            ``(2) upon agreement with an applicable Federal agency, 
        personnel from such Federal agency who are assigned to the 
        regional processing center;
            ``(3) sufficient medical staff, including physicians 
        specializing in pediatric or family medicine, nurse 
        practitioners, and physician assistants;
            ``(4) licensed social workers;
            ``(5) mental health professionals;
            ``(6) child advocates appointed by the Secretary of Health 
        and Human Services under section 235(c)(6)(B) of the William 
        Wilberforce Trafficking Victims Protection Reauthorization Act 
        of 2008 (8 U.S.C. 1232(c)(6)(B)); and
            ``(7) sufficient space to carry out the processing and 
        management activities described in subsection (b).
    ``(d) Criminal History Checks.--Each criminal history check carried 
out under subsection (b)(1) shall be conducted using a set of 
fingerprints or other biometric identifier obtained from--
            ``(1) the Federal Bureau of Investigation;
            ``(2) the criminal history repositories of all States that 
        the individual listed as a current or former residence; and
            ``(3) any other appropriate Federal or State database 
        resource or repository, as determined by the Secretary.
    ``(e) Exceptions for Additional Purposes.--Subject to operational 
and spatial availability, in the event of a major disaster or emergency 
declared under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) or any homeland security crisis 
requiring the establishment of a departmental Joint Task Force under 
section 708(b), the Secretary may temporarily utilize a regional 
processing center to carry out operations relating to such declaration 
or crisis.
    ``(f) Donations.--The Department may accept donations from private 
entities, nongovernmental organizations, and other groups independent 
of the Federal Government for the care of children and family units 
detained at a regional processing center, including--
            ``(1) medical goods and services;
            ``(2) school supplies;
            ``(3) toys;
            ``(4) clothing; and
            ``(5) any other item intended to promote the well-being of 
        such children and family units.
    ``(g) Access to Facilities for Private Entities and Nongovernmental 
Organizations.--
            ``(1) In general.--Private entities and nongovernmental 
        organizations that are directly involved in providing 
        humanitarian or legal assistance to families and individuals 
        encountered by the Department along the southwest border of the 
        United States, or organizations that provide assistance to 
        detained individuals, shall have access to regional processing 
        centers for purposes of--
                    ``(A) legal orientation programming;
                    ``(B) coordination with the Department with respect 
                to the care of families and individuals held in 
                regional processing centers, including the care of 
                families and individuals who are released or scheduled 
                to be released;
                    ``(C) communication between aliens and outside 
                legal counsel;
                    ``(D) the provision of humanitarian assistance; and
                    ``(E) any other purpose the Secretary considers 
                appropriate.
            ``(2) Access plan.--Not later than 60 days after the date 
        of the enactment of this section, the Secretary shall publish 
        in the Federal Register procedures relating to access to 
        regional processing centers under paragraph (1) that ensure--
                    ``(A) the safety of personnel of, and aliens 
                detained in, regional processing centers; and
                    ``(B) the orderly management and operation of 
                regional processing centers.
    ``(h) Legal Counsel.--Aliens detained in a regional processing 
center shall have access to legal counsel in accordance with section 
292 of the Immigration and Nationality Act (8 U.S.C. 1362), including 
the opportunity to consult with counsel before any legally 
determinative aspect of the asylum process occurs.
    ``(i) Procedures To Facilitate Communication With Counsel.--The 
Secretary shall develop written procedures to permit aliens detained in 
a regional processing center to visit with, and make confidential 
telephone calls to, legal representatives and legal services providers 
and to receive incoming calls from legal representatives and legal 
services providers, in a private and confidential space while in 
custody, for the purposes of retaining or consulting with counsel or 
obtaining legal advice from legal services providers.
    ``(j) Legal Orientation.--
            ``(1) In general.--An alien detained in a regional 
        processing center shall be provided the opportunity to receive 
        a complete legal orientation presentation administered by a 
        nongovernmental organization in cooperation with the Executive 
        Office for Immigration Review.
            ``(2) Timeline.--
                    ``(A) In general.--The Secretary shall prioritize 
                the provision of the legal orientation presentation 
                required by paragraph (1) to an alien within 12 hours 
                of apprehension.
                    ``(B) Requirement.--In the case of an alien who 
                does not receive such legal orientation presentation 
                within 12 hours of apprehension, the Secretary shall 
                ensure that the alien receives the presentation--
                            ``(i) not later than 24 hours after 
                        apprehension; and
                            ``(ii) not less than 24 hours before the 
                        alien initially appears before an asylum 
                        officer or immigration judge in connection with 
                        a claim for asylum.
    ``(k) Management of Regional Processing Centers.--
            ``(1) Operation.--The Commissioner of U.S. Customs and 
        Border Protection, in consultation with the interagency 
        coordinating council established under paragraph (2), shall 
        operate the regional processing centers.
            ``(2) Interagency coordinating committee.--
                    ``(A) Establishment.--There is established an 
                interagency coordinating committee for the purpose of 
                coordinating operations and management of the regional 
                processing centers.
                    ``(B) Membership.--The interagency coordinating 
                committee shall be chaired by the Commissioner of U.S. 
                Customs and Border Protection, or his or her designee, 
                and shall include representatives designated by the 
                heads of the following agencies:
                            ``(i) U.S. Immigration and Customs 
                        Enforcement.
                            ``(ii) The Federal Emergency Management 
                        Agency.
                            ``(iii) U.S. Citizenship and Immigration 
                        Services.
                            ``(iv) The Office of Refugee Resettlement.
                            ``(v) Any other agency that supplies 
                        personnel to the regional processing centers, 
                        upon agreement between the Commissioner of U.S. 
                        Customs and Border Protection and the head of 
                        such other agency.''.

SEC. 4. CREDIBLE FEAR DETERMINATION AND ASYLUM PROCESS IMPROVEMENT 
              PILOT PROGRAMS.

    (a) In General.--The Secretary and the Attorney General shall 
develop pilot programs to facilitate--
            (1) fair and more efficient asylum decisions under section 
        208(b) of the Immigration and Nationality Act (8 U.S.C. 
        1158(b));
            (2) fair and more efficient credible fear determinations 
        under section 235(b)(1)(B) of that Act (8 U.S.C. 
        1225(b)(1)(B));
            (3) improved access to legal counsel; and
            (4) improved case management of aliens awaiting asylum 
        hearings or decisions.
    (b) Implementation.--
            (1) Workforce plan.--The Secretary and the Attorney General 
        shall not implement any pilot program under this section until 
        the workforce plan described in subsection (d) is fully 
        implemented.
            (2) Legal orientation programs.--The Attorney General and 
        the Secretary shall ensure that each alien enrolled in a pilot 
        program under this section receives a complete, live legal 
        orientation presentation before any legally determinative 
        aspect of the asylum process occurs.
            (3) Notice to congress.--Not less than 90 days before the 
        implementation of any new asylum processing policy or procedure 
        under this section, the Secretary and the Attorney General 
        shall provide to the appropriate committees of Congress notice 
        of such implementation, including a description of any 
        modification to a policy, procedure, practice, or training 
        related to asylum processing.
    (c) Scope of Pilot Programs.--
            (1) In general.--The goal of the pilot programs under this 
        section shall be to develop strategies to improve the asylum 
        process to determine a final disposition fairly and more 
        efficiently while ensuring that aliens apprehended along the 
        southwest border and placed into removal proceedings are given 
        a fair opportunity to effectively make an asylum claim or other 
        relevant claim for relief, including the opportunity to retain 
        and consult with counsel under section 292 of the Immigration 
        and Nationality Act (8 U.S.C. 1362) before any legally 
        determinative aspect of the asylum process occurs.
            (2) Prohibition on participation.--The Secretary and the 
        Attorney General may not enroll in a pilot program under this 
        section--
                    (A) an unaccompanied alien child;
                    (B) a pregnant individual; or
                    (C) an individual with a disability or an acute 
                medical condition.
            (3) Fairness in proceedings.--The Secretary and the 
        Attorney General shall take every appropriate step to ensure 
        that each pilot program participant has a full opportunity to 
        exercise all legal process rights afforded under law.
            (4) Access to counsel.--The pilot programs under this 
        section shall be fully compliant with section 292 of the 
        Immigration and Nationality Act (8 U.S.C. 1362), and the 
        Secretary and the Attorney General shall consult with 
        nongovernmental organizations to facilitate access to counsel 
        for pilot program participants.
            (5) Case management programming.--The pilot programs under 
        this section may include case management programming for 
        participants who are awaiting immigration court hearings, which 
        may include--
                    (A) the provision of information about legal 
                rights, responsibilities, and procedures;
                    (B) basic assistance in identifying relevant forms 
                and documents;
                    (C) facilitating the attendance of aliens at their 
                immigration court hearings; and
                    (D) any other relevant case management assistance 
                the Secretary and the Attorney General consider 
                appropriate.
            (6) Right to judicial review.--Participation in a pilot 
        program under this section shall not abrogate any existing 
        right of an alien to request judicial review, including under 
        section 242 of the Immigration and Nationality Act (8 U.S.C. 
        1252), of a decision related to his or her case.
    (d) Staffing Requirements.--The Secretary shall--
            (1) identify the staffing requirements necessary to carry 
        out the pilot programs under this section, including the number 
        of trained U.S. Citizenship and Immigration Services officers 
        necessary to conduct all asylum interviews, credible fear 
        interviews, and reasonable fear interviews; and
            (2) develop a workforce plan for each such pilot program.
    (e) Access to Counsel.--
            (1) In general.--Each alien enrolled in a pilot program 
        under this section shall be afforded an opportunity to consult 
        with 1 or more individuals of their choosing in a private 
        consultation area, prior to a credible fear interview under 
        section 235(b)(1)(B) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)).
            (2) List of legal services providers.--Each alien enrolled 
        in such a pilot program shall be provided a contact list of 
        potential legal resources and providers.
            (3) Procedures to facilitate communication with counsel.--
        The Secretary shall develop written procedures to permit aliens 
        enrolled in such a pilot program to make telephone calls at no 
        cost to legal representatives and legal services providers and 
        to receive incoming calls from legal representatives and legal 
        services providers in a private and confidential space.
    (f) Language Access.--
            (1) In general.--The Secretary and the Attorney General 
        shall provide each alien enrolled in a pilot program under this 
        section with any written materials produced by the Department 
        of Homeland Security or the Department of Justice in a language 
        the alien understands.
            (2) Verbal explanation.--In the case of an alien who is 
        unable to read the written materials provided under paragraph 
        (1), the Secretary and the Attorney General shall ensure that 
        the materials are explained verbally to the alien in a language 
        the alien understands.
    (g) Legal Orientation.--Not later than 24 hours after apprehension, 
and not less than 24 hours before initially appearing before an asylum 
officer or immigration judge in connection with a claim for asylum, an 
alien enrolled in a pilot program under this section shall be provided 
the opportunity to receive a complete legal orientation presentation 
administered in cooperation with the Executive Office for Immigration 
Review.
    (h) Evaluation Plan.--Not later than the date on which 
implementation of a pilot program under this section commences or not 
later than 180 days after the date of the enactment of this Act, 
whichever is earlier, the Secretary and the Attorney General shall 
submit to appropriate committees of Congress an evaluation plan for the 
pilot program that includes the following:
            (1) Well-defined, clear, and measurable objectives.
            (2) Performance criteria or standards for determining the 
        performance of the pilot program.
            (3) Clearly articulated evaluation methodology, including--
                    (A) sound sampling methods;
                    (B) a determination of the appropriate sample size 
                for the evaluation design; and
                    (C) a strategy for tracking the pilot program's 
                performance and evaluating the final results.
            (4) A plan detailing the sources of data necessary to 
        evaluate the pilot program, methods for data collection, and 
        the timing and frequency of data collection.
    (i) Notice to Congress.--
            (1) In general.--Not less than 90 days before the 
        implementation of a pilot program under this section, the 
        Secretary and the Attorney General shall provide to the 
        appropriate committees of Congress notice of such 
        implementation, including a description of any modification to 
        a pilot program policy, procedure, practice, or training 
        relating to asylum processing.
            (2) Elements.--Each notice required by paragraph (1) shall 
        include a description of the following:
                    (A) The procedures and policies to ensure all 
                asylum interviews are conducted by trained U.S. 
                Citizenship and Immigration Services asylum officers.
                    (B) The procedures and policies to ensure credible 
                fear interviews are only done remotely in limited and 
                exigent circumstances and the likely exigent 
                circumstances that the officers conducting the pilot 
                program may encounter.
                    (C) The procedures and policies to ensure any 
                credible fear interviews done remotely shall be 
                videotaped and a written transcript shall be produced.
                    (D) Procedures and policies used to ensure 
                questions asked by Department of Homeland Security 
                personnel who exercise expedited removal authority 
                under section 235(b) of the Immigration and Nationality 
                Act (8 U.S.C. 1225(b)) are asked in a uniform manner, 
                to the greatest extent possible.
    (j) Report to Congress.--
            (1) In general.--Not later than 1 year after the date on 
        which implementation of a pilot program under this section 
        commences or not later than 1 year after the date of the 
        enactment of this Act, whichever is earlier, and annually 
        thereafter until the date on which the pilot program 
        terminates, the Secretary and the Attorney General shall submit 
        to the appropriate committees of Congress a report on the pilot 
        programs under this section.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) An evaluation of the pilot program using the 
                evaluation plan described in subsection (h).
                    (B) A discussion of the performance criteria or 
                standards established under subsection (h)(2) and an 
                assessment as to whether modifications to the criteria 
                or standards are necessary.
                    (C) An assessment of the staffing levels necessary 
                to carry out the pilot program and a description of any 
                effect of current staffing levels on the ability of the 
                Secretary to carry out the responsibilities of the 
                Secretary with respect to border security.
                    (D) A description of the resources required to 
                transport aliens in connection with the pilot program.
                    (E) A description of the resources necessary to 
                improve legal orientation presentations and access to 
                counsel in connection with the pilot program, 
                consistent with section 7.
                    (F) A description of the information technology 
                systems used in connection with the pilot program and 
                an assessment as to whether additional resources or 
                upgrades are necessary.
                    (G) An analysis of the effect of access to counsel 
                under subsection (e) and language access under 
                subsection (f) on the outcomes of credible fear 
                determinations under section 235(b)(1)(B) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1225(b)(1)(B)).
                    (H) Recommendations for any legislative changes 
                needed to further implement or expand the pilot 
                programs.
                    (I) An explanation of any impediment to 
                implementing the pilot programs, if relevant.
    (k) Rule of Construction.--Nothing in this section may be construed 
to authorize an extension of the duration for which an alien would 
otherwise be detained.
    (l) Termination of Authority.--The authority of the Secretary and 
the Attorney General to carry out this section shall terminate on the 
date that is 3 years after the date of the enactment of this Act.

SEC. 5. IMMIGRATION COURT DOCKETING PRIORITIES DURING IRREGULAR 
              MIGRATION INFLUX EVENTS.

    (a) In General.--The Attorney General shall, to the greatest extent 
practicable, prioritize docketing and processing of removal cases under 
section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) for 
aliens who are apprehended on entering the United States in connection 
with an irregular migration influx event.
    (b) Irregular Migration Influx Events.--The Attorney General, in 
consultation with the Secretary, shall establish criteria for 
determining when an irregular migration influx event commences and ends 
for purposes of carrying out the docketing priorities under subsection 
(a).
    (c) Access to Legal Counsel.--The Attorney General shall ensure 
that any master calendar or merits hearing in a removal case 
prioritized under subsection (a) is scheduled on a date and at a time 
that permits the alien a fair and reasonable opportunity to consult 
with and retain counsel prior to such hearing, consistent with section 
292 of the Immigration and Nationality Act (8 U.S.C. 1362).
    (d) Report to Congress.--Not later than December 31, 2021, the 
Attorney General shall submit to the appropriate committees of Congress 
a report that includes--
            (1) the number of aliens who were apprehended after 
        entering the United States in connection with an irregular 
        migration influx event identified in accordance with subsection 
        (b) and placed in removal proceedings under section 240 of the 
        Immigration and Nationality Act (8 U.S.C. 1229a), organized by 
        the fiscal year in which the apprehension occurred and stating 
        the number of single adults, unaccompanied alien children, and 
        aliens that are apprehended as part of a family unit;
            (2) the number of aliens identified under paragraph (1) who 
        appeared at master calendar hearings, including--
                    (A) the number and percentage represented by 
                counsel at such hearings; and
                    (B) the average number of days between apprehension 
                and such hearings;
            (3) the number of in absentia orders of removal issued to 
        aliens identified under paragraph (1) at master calendar 
        hearings, including the number of such aliens represented by 
        counsel;
            (4) the number of aliens identified under paragraph (1) who 
        appeared at final merits hearings, including the number and 
        percentage represented by counsel at such hearings, and the 
        average number of days between apprehension and such hearings; 
        and
            (5) the number of in absentia orders of removal issued to 
        aliens identified under paragraph (1) at final merits hearings, 
        including the number of such aliens represented by counsel.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to permit the Attorney General to adopt abbreviated 
procedures in connection with adjudication of removal cases prioritized 
under subsection (a) beyond the extent permitted by law.

SEC. 6. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES IMPACT ASSESSMENT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Officer for Civil Rights and Civil Liberties 
of the Department shall complete a full impact assessment of asylum 
processing and determinations with respect to credible fear of 
persecution carried out at--
            (1) regional processing centers established under section 
        437(a) of the Homeland Security Act of 2002; and
            (2) any other Department of Homeland Security facility at 
        which a legally determinative aspect of the asylum process 
        occurs.
    (b) Elements.--The impact assessment required by subsection (a) 
shall include--
            (1) a description of the considerations relating to civil 
        rights and civil liberties taken into account by the Secretary 
        in developing and implementing asylum processing at such 
        regional processing centers;
            (2) a description of--
                    (A) with respect to potential civil rights and 
                civil liberties violations, stakeholder feedback 
                gathered before and during the implementation of asylum 
                processing at regional processing centers; and
                    (B) the steps taken by the Secretary to gather and 
                respond to such feedback and any changes made to asylum 
                processing based on such feedback;
            (3) an assessment of the ability of the language access 
        plans of the Department of Homeland Security to allow 
        Department personnel to communicate effectively with aliens 
        with limited English proficiency who are placed in asylum 
        processing, including any specific challenges faced by speakers 
        of indigenous languages;
            (4) a review of the language access plan of each component 
        of the Department of Homeland Security to ensure each language 
        access plan provides uniform guidance so as to allow Department 
        personnel to communicate effectively with aliens with limited 
        English proficiency, including speakers of indigenous 
        languages, during asylum processing;
            (5) a review of any negative impact on the ability of the 
        Department of Homeland Security to process aliens during the 
        asylum process due to language deficiencies and translation 
        difficulties, including longer processing times, increased 
        expenses as a result of increased translation services, and 
        increases in the length of time aliens are detained by the 
        Department;
            (6) an assessment of the impact of current Department of 
        Homeland Security policies and procedures for processing and 
        adjudicating asylum claims, including language access plans and 
        other accommodations, on vulnerable populations, especially 
        on--
                    (A) individuals with mental health challenges, 
                trauma, or physical health conditions; and
                    (B) pregnant individuals;
            (7) any other current or historical guidance or policy 
        review provided by the Office for Civil Rights and Civil 
        Liberties to Department of Homeland Security components 
        regarding asylum processing programs previously implemented or 
        used by the Department; and
            (8) any other element--
                    (A) the Officer for Civil Rights and Civil 
                Liberties of the Department considers necessary;
                    (B) required by law; or
                    (C) requested by the Secretary.
    (c) Report.--
            (1) In general.--Not later than 90 days after the date on 
        which the impact assessment required by subsection (a) is 
        completed, the Officer for Civil Rights and Civil Liberties of 
        the Department of Homeland Security shall submit to the 
        Secretary and the appropriate committees of Congress a report 
        on the results of the impact assessment.
            (2) Elements.--The report required by paragraph (1) shall 
        include--
                    (A) a description of potential civil rights and 
                civil liberties violations that are directly related 
                to--
                            (i) whether the Department of Homeland 
                        Security's practices, standards, guidelines, 
                        and regulations ensure that aliens who 
                        experience language barriers, illiteracy, 
                        mental health issues, trauma, physical health 
                        conditions, pregnancy, or other conditions are 
                        not at a disadvantage with respect to credible 
                        fear determinations under section 235(b) of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1225(b));
                            (ii) an alien's--
                                    (I) inability to understand basic 
                                explanations of legal information; or
                                    (II) limited English proficiency; 
                                and
                            (iii) an alien's inability to consult with 
                        1 or more individuals of his or her choosing 
                        before such interview;
                    (B) an assessment of the impact of expedited asylum 
                processing initiatives operated by the Department of 
                Homeland Security during the 10-year period preceding 
                the date of the enactment of this Act on the civil 
                rights and civil liberties of migrants enrolled in such 
                initiatives;
                    (C) an assessment of any other civil rights or 
                civil liberties violation relating to asylum 
                processing;
                    (D) recommended updates to the language access plan 
                of any component of the Department of Homeland Security 
                to prevent the potential civil rights and civil 
                liberties violations identified under subparagraph (A);
                    (E) recommendations--
                            (i) to improve the processing and 
                        adjudication of speakers of indigenous 
                        languages; and
                            (ii) to adapt language access plans to 
                        accommodate such individuals;
                    (F) recommendations for the appropriate use by 
                Department of Homeland Security components of updated 
                language access plans;
                    (G) recommended modifications to improve asylum 
                processes to better serve vulnerable populations such 
                as those with mental or physical health challenges, 
                trauma, and pregnant individuals;
                    (H) recommended modifications to policies and 
                procedures relating to asylum processing that would 
                allow asylum processing to achieve compliance with 
                current standards and guidelines of the Office for 
                Civil Rights and Civil Liberties of the Department; and
                    (I) any other recommendation the Officer for Civil 
                Rights and Civil Liberties considers appropriate.
    (d) Implementation Plan.--
            (1) In general.--Not later than 60 days after the date on 
        which the Officer for Civil Rights and Civil Liberties of the 
        Department of Homeland Security submits the report under 
        subsection (c), the Secretary shall submit to the appropriate 
        committees of Congress an implementation plan that addresses 
        the findings and recommendations contained in the report.
            (2) Elements.--The implementation plan required by 
        paragraph (1) shall include a description of--
                    (A) the recommendations contained in the report 
                under subsection (c) addressed by the plan;
                    (B) any such recommendation not addressed by the 
                plan and a justification for declining to address the 
                recommendation; and
                    (C) any other matter the Secretary considers 
                relevant to the implementation of such recommendations.
            (3) Publication.--Not later than the date on which the 
        Secretary submits the plan required by paragraph (1), the 
        Secretary shall publish the plan in the Federal Register.

SEC. 7. PLAN TO EXPAND LEGAL ORIENTATION PROGRAM.

    (a) Interim Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall develop and 
        submit to the appropriate committees of Congress an interim 
        plan to expand the legal orientation program to each regional 
        processing center established under section 437(a) of the 
        Homeland Security Act of 2002 and any other Department of 
        Homeland Security facility at which--
                    (A) 1 or more aliens are detained following 
                apprehension by U.S. Customs and Border Protection; and
                    (B) any legally determinative aspect of the asylum 
                process occurs.
            (2) Elements.--The interim plan required by paragraph (1) 
        shall include--
                    (A) a list of the critical items required for a 
                final legal orientation plan that cannot be implemented 
                in the interim plan due to necessary logistical and 
                procedural changes at each facility at which 
                assessments for credible fear of persecution, or other 
                aspects of the asylum process, occur;
                    (B) a description of the manner in which the legal 
                orientation program will be immediately adapted to 
                assist aliens detained at Department of Homeland 
                Security facilities, including such regional processing 
                centers;
                    (C) a description of the manner in which access to 
                counsel will be facilitated for such aliens who are 
                subject to any type of asylum processing; and
                    (D) a list of Department of Homeland Security 
                facilities--
                            (i) at which asylum processing occurs; and
                            (ii) that are capable of providing basic 
                        legal orientation services, including through a 
                        remote interface.
            (3) Implementation.--The Secretary shall commence 
        implementation of the interim plan beginning not later than 60 
        days after the submittal of the plan under paragraph (1) and 
        ending on the date on which implementation of the final plan 
        described in subsection (b) commences.
            (4) Public consultation.--In developing the interim plan 
        under paragraph (1), the Secretary shall consult with 
        nongovernmental organizations, legal services providers, and 
        any other entity the Secretary considers appropriate.
    (b) Final Plan.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall develop and 
        submit to the appropriate committees of Congress a final plan 
        to expand the legal orientation program to each Department of 
        Homeland Security facility at which--
                    (A) 1 or more aliens are detained; and
                    (B) any legally determinative aspect of the asylum 
                process occurs.
            (2) Elements.--The final plan required by paragraph (1) 
        shall include--
                    (A) a consultation with the Director of the 
                Executive Office for Immigration Review to determine 
                the most efficient and effective manner by which to 
                expand or modify legal orientation program requirements 
                and standards to include aliens seeking asylum 
                protections at each Department of Homeland Security 
                facility at which any part of the asylum process, 
                including credible fear interviews, occurs;
                    (B) an assessment of necessary procedural and 
                programmatic changes to the legal orientation program 
                that will best accommodate such aliens;
                    (C) an assessment of challenges to expanding the 
                legal orientation program to facilities that cannot be 
                met by the interim plan under subsection (a);
                    (D) a requirement that legal orientation program 
                sessions shall provide explanations of all expedited 
                asylum processing programs and procedures and relevant 
                forms of relief under the immigration laws;
                    (E) a requirement that legal orientation programs 
                shall include access to self-help legal materials and 
                communication with available pro bono legal 
                representatives;
                    (F) a requirement that private and confidential 
                space shall be provided to such aliens, if they wish to 
                use it, for individual legal orientation and 
                consultation and telephone calls with nonprofit 
                organizations and legal representatives before--
                            (i) hearings relating to credible fear of 
                        persecution;
                            (ii) any Executive Office for Immigration 
                        Review hearing;
                            (iii) any legally determinative aspect of 
                        the asylum process; or
                            (iv) any other legal proceeding or 
                        consultation related to an asylum claim;
                    (G) protocols that allow such aliens to make and 
                receive telephone calls to legal representatives, at no 
                cost to such aliens, while detained at the Department 
                of Homeland Security facility; and
                    (H) a requirement that--
                            (i) legal orientation programs shall ensure 
                        that written notice of legal rights is made 
                        available to such aliens in English and in not 
                        fewer than the 5 most common native languages 
                        spoken by aliens in custody at each Department 
                        of Homeland Security facility during the 
                        preceding fiscal year;
                            (ii) protocols shall be established to 
                        provide written or oral translation of 
                        materials that Department of Homeland Security 
                        produces for legal orientation programs or that 
                        Department of Homeland Security contracts with 
                        outside entities for use in a legal orientation 
                        programs for such aliens who do not speak a 
                        language described in clause (i), including--
                                    (I) development of a list of all 
                                languages spoken by aliens encountered 
                                in the preceding 1-year period;
                                    (II) procedures for providing oral 
                                interpretation services if it is not 
                                possible to produce a written 
                                translation in a manner that will not 
                                unreasonably prolong an alien's time in 
                                custody, or if the alien is unable to 
                                read written materials; and
                                    (III) an after-action plan for 
                                improving future responses after a 
                                language is encountered for which the 
                                Department of Homeland Security is 
                                unable to timely develop written 
                                materials; and
                    (I) the Secretary shall have in place at each 
                Department of Homeland Security facility--
                            (i) a feasible plan to provide language 
                        translation or interpretation services for any 
                        alien in a language the alien understands; and
                            (ii) a list of translation and 
                        interpretation services and resources readily 
                        available to meet translation needs.
            (3) Implementation.--Not later than 90 days after the 
        submittal of the final plan required by paragraph (1), the 
        Secretary shall commence implementation of the plan.
    (c) Procedures To Ensure Availability.--
            (1) In general.--The Secretary, in consultation with the 
        Attorney General, shall develop and implement procedures--
                    (A) to ensure that legal orientation programs are 
                available for all detained aliens not later than 12 
                hours after being taken into custody at a Department of 
                Homeland Security facility; and
                    (B) to provide such aliens with information 
                relating to--
                            (i) the basic procedures of immigration 
                        hearings;
                            (ii) the rights of aliens under the 
                        immigration laws with respect to such hearings;
                            (iii) the consequences of filing a 
                        frivolous legal claim or knowingly making a 
                        false statement in the course of a hearing; and
                            (iv) any other matter the Secretary, in 
                        consultation with the Attorney General, 
                        considers appropriate.
            (2) Elements.--The procedures developed under paragraph (1) 
        shall include--
                    (A) the provision to aliens of a contact list of 
                potential legal resources and providers;
                    (B) the provision of a clear explanation, in a 
                language the alien fully understands, of the asylum 
                process and standards relating to assessments for 
                credible fear of persecution;
                    (C) a requirement to provide group orientations to 
                aliens apprehended by U.S. Customs and Border 
                Protection regarding asylum processing programs, 
                including applicable pilot programs established under 
                section 4, and forms of relief under the immigration 
                laws;
                    (D) a requirement to provide aliens with access to 
                self-help legal materials and communication with 
                available pro bono legal representatives;
                    (E) protocols to allow aliens to make telephone 
                calls to legal representatives and to receive incoming 
                calls from legal representatives in a private and 
                confidential space while in custody at Department of 
                Homeland Security facilities; and
                    (F) a requirement to provide clear guidance to 
                aliens on--
                            (i) additional procedural steps that occur 
                        after an interview with respect to credible 
                        fear of persecution;
                            (ii) relevant forms required to be 
                        submitted to apply for asylum or withholding of 
                        removal;
                            (iii) information that aliens are required 
                        to update as their cases are processed by U.S. 
                        Citizenship and Immigration Services and the 
                        Executive Office for Immigration Review; and
                            (iv) the consequences of failing to appear 
                        at any proceeding before the Executive Office 
                        for Immigration Review, and an explanation of 
                        the legal significance of an in absentia order 
                        of removal.

SEC. 8. MODIFICATIONS TO U.S. CUSTOMS AND BORDER PROTECTION STANDARDS 
              ON TRANSPORT, ESCORT, DETENTION, AND SEARCH TO CONFORM 
              WITH LEGAL ORIENTATION PROGRAM REQUIREMENTS.

    (a) Interim Plan.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall--
            (1) complete an assessment of the modifications to U.S. 
        Customs and Border Protection transport, escort, detention, and 
        search standards necessary--
                    (A) to implement the interim plan for expanded 
                legal orientation and access programs under section 
                7(a); and
                    (B) to ensure--
                            (i) the safety of personnel of, and aliens 
                        detained in, U.S. Customs and Border Protection 
                        facilities; and
                            (ii) orderly management and operation of 
                        such facilities; and
            (2) implement such modifications.
    (b) Final Plan.--Not later than 30 days after the submittal of the 
final plan under section 7(b), the Secretary shall--
            (1) complete an assessment of the modifications to U.S. 
        Customs and Border Protection transport, escort, detention, and 
        search standards necessary--
                    (A) to implement the final plan for expanded legal 
                orientation and access programs under such section; and
                    (B) to ensure--
                            (i) the safety of personnel of, and aliens 
                        detained in, U.S. Customs and Border 
                        facilities; and
                            (ii) orderly management and operation of 
                        such facilities; and
            (2) implement such modifications.
    (c) Elements.--The modifications under subsection (a) and (b) shall 
include the development of protocols and procedures to allow employees 
of nonprofit organizations and legal representatives to enter U.S. 
Customs and Border Protection facilities to carry out legal orientation 
programming, communication between aliens and outside counsel, and any 
other activity the Secretary considers appropriate.

SEC. 9. STANDARD OPERATING PROCEDURES; FACILITIES STANDARDS.

    (a) Standard Operating Procedures.--Section 411(k)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 211(k)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E)(iv), by striking the period at the 
        end and inserting ``; and''; and
            (3) adding at the end the following:
                    ``(F) standard operating procedures regarding the 
                detection, interdiction, inspection, processing, or 
                transferring of alien children that officers and agents 
                of U.S. Customs and Border Protection shall employ in 
                the execution of their duties.''.
    (b) Facilities Standards.--
            (1) Initial review and update.--Not later than 270 days 
        after the date of the enactment of this Act, the Secretary 
        shall review and update the regulations under part 115 of title 
        6, Code of Federal Regulations, that set standards to prevent, 
        detect, and respond to sexual abuse and assault in immigration 
        detention facilities and other holding facilities under the 
        jurisdiction of the Department of Homeland Security.
            (2) Quadrennial review.--The Secretary shall review and 
        update the regulations referred to in paragraph (1) not less 
        frequently than once every 4 years.

SEC. 10. CRIMINAL BACKGROUND CHECKS FOR SPONSORS OF UNACCOMPANIED ALIEN 
              CHILDREN.

    (a) In General.--Section 235(c) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A), in the first sentence, by 
                striking ``subparagraph (B)'' and inserting 
                ``subparagraphs (B) and (C)'';
                    (B) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Criminal background checks.--
                            ``(i) In general.--Before placing an 
                        unaccompanied alien child with an individual, 
                        the Secretary of Health and Human Services 
                        shall--
                                    ``(I) conduct a criminal history 
                                background check on the individual and 
                                each adult member of the individual's 
                                household; and
                                    ``(II) if appropriate, collect 
                                biometric samples in connection with 
                                any such background check.
                            ``(ii) Scope.--
                                    ``(I) In general.--Each biometric 
                                criminal history background check 
                                required under clause (i) shall be 
                                conducted through--
                                            ``(aa) the Federal Bureau 
                                        of Investigation;
                                            ``(bb) criminal history 
                                        repositories of each State the 
                                        individual lists as a current 
                                        or former residence; and
                                            ``(cc) any other Federal or 
                                        State database or repository 
                                        the Secretary of Health and 
                                        Human Services considers 
                                        appropriate.
                                    ``(II) Use of rapid dna 
                                instruments.--DNA analysis of a DNA 
                                sample collected under subclause (I) 
                                may be carried out with Rapid DNA 
                                instruments (as defined in section 3(c) 
                                of the DNA Analysis Backlog Elimination 
                                Act of 2000 (34 U.S.C. 40702(c))).
                                    ``(III) Limitation on use of 
                                biometric samples.--The Secretary of 
                                Health and Human Services may not 
                                release a fingerprint or DNA sample 
                                collected, or disclose the results of a 
                                fingerprint or DNA analysis conducted 
                                under this subparagraph, or any other 
                                information obtained pursuant to this 
                                section, to the Department of Homeland 
                                Security for any immigration 
                                enforcement purpose.
                                    ``(IV) Access to information 
                                through the department of homeland 
                                security.--Not later than 14 days after 
                                receiving a request from the Secretary 
                                of Health and Human Services, the 
                                Secretary of Homeland Security shall 
                                provide information necessary to 
                                conduct suitability assessments from 
                                appropriate Federal, State, and local 
                                law enforcement and immigration 
                                databases.
                            ``(iii) Prohibition on placement with 
                        individuals convicted of certain offenses.--The 
                        Secretary of Health and Human Services may not 
                        place an unaccompanied alien child in the 
                        custody or household of an individual who has 
                        been convicted of, or is currently being tried 
                        for--
                                    ``(I) a sex offense (as defined in 
                                section 111 of the Sex Offender 
                                Registration and Notification Act (34 
                                U.S.C. 20911));
                                    ``(II) a crime involving severe 
                                forms of trafficking in persons (as 
                                defined in section 103 of the 
                                Trafficking Victims Protection Act of 
                                2000 (22 U.S.C. 7102);
                                    ``(III) a crime of domestic 
                                violence (as defined in section 
                                40002(a) of the Violence Against Women 
                                Act (34 U.S.C. 12291(a));
                                    ``(IV) a crime of child abuse and 
                                neglect (as defined in section 3 of the 
                                Child Abuse Prevention and Treatment 
                                Act (Public Law 93-247; 42 U.S.C. 5101 
                                note));
                                    ``(V) murder, manslaughter, or an 
                                attempt to commit murder or 
                                manslaughter (within the meanings of 
                                such terms in sections 1111, 1112, and 
                                1113 of title 18, United States Code); 
                                or
                                    ``(VI) a crime involving receipt, 
                                distribution, or possession of a visual 
                                depiction of a minor engaging in 
                                sexually explicit conduct (within the 
                                meanings of such terms in section 2252 
                                of title 18, United States Code).''; 
                                and
                    (D) by adding at the end the following:
                    ``(E) Well-being follow-up calls.--Not later than 
                30 days after the date on which an unaccompanied alien 
                child is released from the custody of the Secretary of 
                Health and Human Services, and every 60 days thereafter 
                until the date on which a final decision has been 
                issued in the removal proceedings of the child or such 
                proceedings are terminated, the Secretary shall conduct 
                a follow-up telephone call with the unaccompanied alien 
                child and the child's custodian or the primary point of 
                contact for any other entity with which the child was 
                placed.
                    ``(F) Change of address.--The Secretary of Health 
                and Human Services shall--
                            ``(i) require each custodian with whom an 
                        unaccompanied alien child is placed under this 
                        subsection to notify the Secretary with respect 
                        to any change in the unaccompanied alien 
                        child's physical or mailing address, including 
                        any situation in which the unaccompanied alien 
                        child permanently departs the custodian's 
                        residence, not later than 7 days after the date 
                        on which such change or departure occurs; and
                            ``(ii) develop and implement a system that 
                        permits custodians to submit notifications 
                        electronically with respect to a change of 
                        address.''.
    (b) Collection and Compilation of Statistical Information.--Section 
462(b)(1)(K) of the Homeland Security Act of 2002 (6 U.S.C. 
279(b)(1)(K)) is amended by striking ``; and'' and inserting ``, 
including--
                            ``(i) the average length of time from 
                        apprehension to the child's master calendar 
                        hearing, organized by the fiscal year in which 
                        the children were apprehended by U.S. Customs 
                        and Border Protection;
                            ``(ii) the number of children identified 
                        under clause (i) who did and did not appear at 
                        master calendar hearings, including the 
                        percentage of children in each category who 
                        were represented by counsel;
                            ``(iii) the average length of time from 
                        apprehension to the child's merits hearing, 
                        organized by the fiscal year in which the 
                        children were apprehended by U.S. Customs and 
                        Border Protection;
                            ``(iv) the number of children identified 
                        under clause (i) who did and did not appear at 
                        merits hearings, including the percentage of 
                        children in each category who are represented 
                        by counsel; and
                            ``(v) the total number of well-being 
                        follow-up calls conducted under section 235 of 
                        the William Wilberforce Trafficking Victims 
                        Protection Reauthorization Act of 2008 (8 
                        U.S.C. 1232(c)(3)(E)) at each time interval 
                        following placement with a custodian or other 
                        entity, and the number of children that the 
                        Secretary of Health and Human Services is 
                        unable to contact at each interval, organized 
                        by the fiscal year in which the children were 
                        apprehended by U.S. Customs and Border 
                        Protection; and''.

SEC. 11. FRAUD IN CONNECTION WITH THE TRANSFER OF CUSTODY OF 
              UNACCOMPANIED ALIEN CHILDREN.

    (a) In General.--Chapter 47 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1041. Fraud in connection with the transfer of custody of 
              unaccompanied alien children
    ``(a) In General.--It shall be unlawful for a person to obtain 
custody of an unaccompanied alien child (as defined in section 462(g) 
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)))--
            ``(1) by making any materially false, fictitious, or 
        fraudulent statement or representation; or
            ``(2) by making or using any false writing or document with 
        the knowledge that such writing or document contains any 
        materially false, fictitious, or fraudulent statement or entry.
    ``(b) Penalties.--
            ``(1) In general.--Any person who violates, or attempts or 
        conspires to violate, subsection (a) shall be fined under this 
        title and imprisoned for not less than 1 year.
            ``(2) Enhanced penalty for trafficking.--If the primary 
        purpose of a violation, attempted violation, or conspiracy to 
        violate this section was to subject the child to sexually 
        explicit activity or any other form of exploitation, the 
        offender shall be fined under this title and imprisoned for not 
        less than 15 years.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 47 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1041. Fraud in connection with the transfer of custody of 
                            unaccompanied alien children.''.

SEC. 12. ACCOUNTABILITY FOR CHILDREN AND TAXPAYERS.

    (a) In General.--Section 235(b) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(b)) is amended by adding at the end the following:
            ``(5) Inspection of facilities.--
                    ``(A) Facilities used by secretary of health and 
                human services.--The Inspector General of the 
                Department of Health and Human Services shall conduct 
                regular inspections of facilities used by the Secretary 
                of Health and Human Services to provide care and 
                custody of unaccompanied alien children who are in the 
                immediate custody of the Secretary to ensure that such 
                facilities are operated in an efficient and effective 
                manner while also ensuring--
                            ``(i) the safety of unaccompanied alien 
                        children; and
                            ``(ii) that unaccompanied alien children--
                                    ``(I) have access to information 
                                relevant to their removal proceedings 
                                and claims for relief; and
                                    ``(II) are able to communicate 
                                efficaciously with their legal 
                                representatives.
                    ``(B) Facilities used by the secretary of homeland 
                security.--The Inspector General of the Department of 
                Homeland Security shall conduct regular inspections of 
                facilities, including temporary facilities and 
                facilities built or obtained for use to deal with an 
                irregular migration influx, used by the Secretary of 
                Homeland Security in which unaccompanied alien children 
                and family units are detained, to ensure that--
                            ``(i) such facilities are operated in an 
                        efficient and effective manner; and
                            ``(ii) unaccompanied alien child and family 
                        units--
                                    ``(I) have access to information 
                                relevant to their removal proceedings 
                                and claims for relief; and
                                    ``(II) are able to communicate 
                                efficaciously with their legal 
                                representatives.
            ``(6) Report on facility operation costs.--Not less 
        frequently than annually, the Secretary of Health and Human 
        Services and the Secretary of Homeland Security shall each 
        submit to the Committee on the Judiciary and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on the Judiciary and the Committee on Homeland 
        Security of the House of Representatives a report detailing, 
        for each facility described in subparagraph (A) or (B) of 
        paragraph (5), respectively--
                    ``(A) the average daily cost for each unaccompanied 
                alien child housed or detained at such facility;
                    ``(B) the average cost over the entire system; and
                    ``(C) in the case of such a facility the average 
                daily cost per child of which significantly exceeds the 
                average cost over the entire system, an explanation of 
                expenditures.''.

SEC. 13. HIRING AUTHORITY.

    (a) U.S. Customs and Border Protection.--
            (1) In general.--The Commissioner of U.S. Customs and 
        Border Protection shall hire, train, and assign--
                    (A) not fewer than 600 new Office of Field 
                Operations Officers (above the current attrition level) 
                during every fiscal year until the total number of 
                Office of Field Operations officers equals and sustains 
                the requirements identified each year in the Workforce 
                Staffing Model;
                    (B) support staff, including technicians, to 
                perform non-law enforcement administrative functions to 
                support the new Office of Field Operations officers 
                hired pursuant to subparagraph (A); and
                    (C) not fewer than 250 Border Patrol processing 
                coordinators.
            (2) Traffic forecasts.--In calculating the number of Office 
        of Field Operations officers needed at each port of entry 
        through the Workforce Staffing Model, the Commissioner of U.S. 
        Customs and Border Protection shall--
                    (A) rely on data collected regarding the 
                inspections and other activities conducted at each such 
                port of entry; and
                    (B) consider volume from seasonal influxes, other 
                projected changes in commercial and passenger volumes, 
                the most current commercial forecasts, and temporary 
                detailed personnel of the Office of Field Operations to 
                assist with irregular migration influx events or other 
                events, and other relevant information.
            (3) GAO report.--If the Commissioner of U.S. Customs and 
        Border Protection does not hire 600 additional Office of Field 
        Operations officers pursuant to paragraph (1)(A) during the 
        fiscal year in which this Act is enacted, or during any 
        subsequent fiscal year in which the hiring requirements set 
        forth in the Workforce Staffing Model have not been achieved, 
        the Comptroller General of the United States shall--
                    (A) conduct a review of U.S. Customs and Border 
                Protection hiring practices to determine the reasons 
                that such requirements were not achieved and to address 
                other issues related to hiring by U.S. Customs and 
                Border Protection; and
                    (B) submit a report to the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Homeland Security of the House of 
                Representatives that describes the results of the 
                review conducted under subparagraph (A).
    (b) U.S. Immigration and Customs Enforcement.--
            (1) In general.--The Director of U.S. Immigration and 
        Customs Enforcement shall hire, train, and assign--
                    (A) not fewer than 300 Enforcement and Removal 
                Operations support personnel to address case management 
                responsibilities relating to aliens apprehended along 
                the southwest border, and the operation of regional 
                processing centers established under section 437(a) of 
                the Homeland Security Act of 2002;
                    (B) not fewer than 128 attorneys in the Office of 
                the Principal Legal Advisor; and
                    (C) not fewer than 41 support staff within the 
                Office of the Principal Legal Advisor to assist 
                immigration judges within the Executive Office for 
                Immigration Review with removal, asylum, and custody 
                determination proceedings.
            (2) GAO review and report relating to staffing needs.--
                    (A) Review.--The Comptroller General of the United 
                States shall conduct a review of--
                            (i) U.S. Immigration and Customs 
                        Enforcement activities and staffing needs 
                        related to irregular migration influx events 
                        along the southwest border during fiscal years 
                        2014, 2019, and 2021, including--
                                    (I) the total number of aliens 
                                placed in removal proceedings in 
                                connection with such irregular 
                                migration influx events;
                                    (II) the number of hours dedicated 
                                to responding to irregular migration 
                                influx events by Enforcement and 
                                Removal Operations officers, 
                                Enforcement and Removal Operations 
                                support personnel, attorneys within the 
                                Office of the Principal Legal Advisor, 
                                and support staff within the Office of 
                                the Principal Legal Advisor; and
                                    (III) the impact that response to 
                                such irregular migration influx events 
                                had on the ability of U.S. Immigration 
                                and Customs Enforcement to carry out 
                                other aspects of its mission, including 
                                the regular transport of migrants from 
                                U.S. Customs and Border Protection 
                                facilities to U.S. Immigration and 
                                Customs Enforcement facilities; and
                            (ii) staffing levels within the Office of 
                        the Principal Legal Advisor, U.S. Immigration 
                        and Customs Enforcement, including the impact 
                        such staffing levels have on docketing of cases 
                        within the Executive Office for Immigration 
                        Review.
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Comptroller General 
                shall submit to the appropriate committees of Congress 
                a report that describes the results of the review 
                conducted under subparagraph (A).
    (c) Executive Office for Immigration Review.--The Director of the 
Executive Office for Immigration Review shall hire, train, and assign 
not fewer than 150 new Immigration Judge teams, including staff 
attorneys and all applicable support staff for such Immigration Judge 
teams.
    (d) U.S. Citizenship and Immigration Services.--The Director of 
U.S. Citizenship and Immigration Services shall hire, train, and assign 
not fewer than 300 asylum officers.

SEC. 14. REPORTS TO CONGRESS.

    (a) Unaccompanied Alien Children.--
            (1) Care of unaccompanied alien children.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Secretary of Health and Human Services shall submit to the 
        appropriate committees of Congress, and make publicly 
        available, a report that includes--
                    (A) a detailed summary of the contracts in effect 
                to care for and house unaccompanied alien children, 
                including the names and locations of contractors and 
                the facilities being used;
                    (B) for each contractor and facility referred to in 
                subparagraph (A), the cost per day to care for and 
                house an unaccompanied alien child, including a 
                breakdown of factors that contribute to such cost;
                    (C) the number of unaccompanied alien children who 
                have been released to a sponsor, if any;
                    (D) a list of the States in which unaccompanied 
                alien children have been released from the custody of 
                the Secretary of Health and Human Services to the care 
                of a sponsor or placement in a facility;
                    (E) a determination of whether more than 1 
                unaccompanied alien child has been released to the same 
                sponsor, including the number of children who were 
                released to such sponsor;
                    (F) an assessment of the extent to which the 
                Secretary of Health and Human Services is monitoring 
                the release of unaccompanied alien children, including 
                home studies and any other monitoring activity;
                    (G) an assessment of the extent to which the 
                Secretary of Health and Human Services is making 
                efforts--
                            (i) to educate unaccompanied alien children 
                        about their legal rights and the legal process; 
                        and
                            (ii) to provide unaccompanied alien 
                        children access to pro bono counsel; and
                    (H) an assessment of efforts by the Secretary of 
                Health and Human Services to mitigate the spread of 
                contagious disease within facilities operated or 
                contracted by the Secretary, including--
                            (i) medical screening and treatment 
                        services provided to unaccompanied alien 
                        children; and
                            (ii) communication with State, local, and 
                        Tribal governments regarding the release from 
                        custody of any unaccompanied alien child who 
                        suffers from a contagious disease or may be 
                        especially vulnerable to a contagious disease.
            (2) Returns to country of nationality.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall submit to the appropriate committees of Congress, and 
        make publicly available, a report that identifies--
                    (A) the number of unaccompanied alien children who 
                have voluntarily returned to their country of 
                nationality or habitual residence, disaggregated by--
                            (i) country of nationality or habitual 
                        residence; and
                            (ii) age of the unaccompanied alien 
                        children;
                    (B) the number of unaccompanied alien children who 
                have been returned to their country of nationality or 
                habitual residence, including the length of time such 
                children were present in the United States;
                    (C) the number of unaccompanied alien children who 
                have not been returned to their country of nationality 
                or habitual residence pending travel documents or other 
                requirements from such country, including how long they 
                have been waiting to return; and
                    (D) the number of unaccompanied alien children who 
                were granted relief in the United States, whether 
                through asylum, any other immigration benefit or 
                status, or deferred action.
            (3) Immigration proceedings.--Not later than 90 days after 
        the date of the enactment of this Act, and not less frequently 
        than every 90 days thereafter, the Secretary, in coordination 
        with the Director of the Executive Office for Immigration 
        Review, shall submit to the appropriate committees of Congress, 
        and make publicly available, a report that identifies--
                    (A) the number of unaccompanied alien children who, 
                after proceedings under section 235(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1225(b)), 
                were returned to their country of nationality or 
                habitual residence, disaggregated by--
                            (i) country of nationality or residence; 
                        and
                            (ii) age and gender of such aliens;
                    (B) the number of unaccompanied alien children who, 
                after proceedings under section 235(b) of the 
                Immigration and Nationality Act (8 U.S.C. 1225(b)), 
                prove a claim of admissibility and are placed in 
                proceedings under section 240 of that Act (8 U.S.C. 
                1229a); and
                    (C) the number of unaccompanied alien children who 
                fail to appear at a removal hearing that such alien was 
                required to attend.
    (b) Binational Efforts To Combat Irregular Migration.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of State shall submit to the appropriate committees of 
Congress, and make publicly available, a report that includes--
            (1) a copy of any repatriation agreement in effect for 
        unaccompanied alien children;
            (2) a description of the status of any repatriation 
        agreement that is being considered or negotiated;
            (3) a description of the foreign assistance funding 
        provided by the United States Government to the 20 countries 
        that have the highest total number of nationals entering the 
        United States as unaccompanied alien children and the 20 
        countries that have the highest total number of nationals 
        entering the United States who do not use the formal 
        immigration system of the United States or of the countries 
        such individuals are traveling through, including amounts 
        provided for, and descriptions of, initiatives or programs--
                    (A) to deter the children, adults, and families of 
                each such country from illegally entering the United 
                States; and
                    (B) to care for or reintegrate repatriated 
                unaccompanied alien children in the country of 
                nationality or last habitual residence;
            (4) an examination of domestic initiatives by countries 
        described in paragraph (3) with respect to the prevention of 
        irregular migration by children, adults, and families and the 
        manner in which the United States may work with such countries 
        to make such initiatives more successful; and
            (5) recommendations on actions the United States may take, 
        through foreign aid programs of the United States, to improve 
        the ability of such countries to combat irregular migration.
    (c) Suspected Trafficking of Alien Children.--Not later than 180 
days after the date of the enactment of this Act, the Secretary shall 
submit to the appropriate committees of Congress, and make publicly 
available, a report that includes--
            (1) an anonymized data set describing incidents in which 
        the Secretary has suspected that an alien child was apprehended 
        multiple times as a part of different family units and the 
        response of the Secretary to such incidents;
            (2) an anonymized data set describing incidents not 
        described in paragraph (1) in which the Secretary has suspected 
        that an alien child was falsely claimed as a member of a family 
        unit and the response of the Secretary to such incidents;
            (3) a description of current techniques and technologies 
        used to verify the identity of alien children who are presented 
        as members of multiple family units; and
            (4) legislative recommendations to improve the ability of 
        the Secretary to detect and respond to incidents in which an 
        alien child is fraudulently claimed to be a member of a family 
        unit.

SEC. 15. IMPROVING THE ABILITY TO TRANSPORT MIGRANTS.

    (a) Improvement of Transportation Policy and Standards.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary shall update the 
        transportation policies, standards, definitions, and any other 
        needed guidance or regulations of the Department of Homeland 
        Security to expand and improve the capability of the Department 
        to conduct ground transportation of migrants at the southwest 
        border.
            (2) Elements.--The update required by paragraph 1 shall 
        include--
                    (A) the provision of authority, to the extent 
                possible, for the Department of Homeland Security to 
                transport migrants who are being released by the 
                Department to facilities operated by State, local, or 
                Tribal governments, or by nongovernmental organizations 
                directly working to provide aid to migrants along the 
                southwest border so as--
                            (i) to ensure the health and safety of 
                        local communities and the migrants;
                            (ii) to promote an orderly environment 
                        along the border and at United States ports of 
                        entry; and
                            (iii) to avoid overburdening small 
                        communities that are poorly equipped to handle 
                        a population influx;
                    (B) a consideration of the manner in which a public 
                health emergency may require changes in Department 
                transportation policy to protect public health and the 
                health of migrants; and
                    (C) a system through which the Department shall 
                consistently provide not less than 4 hours advance 
                notification to State, local, or Tribal governments, 
                and nongovernmental organizations and private entities 
                directly providing aid or other services to migrants, 
                including services provided for a fee, of the intent of 
                the Department to transport migrants to such 
                jurisdictions or facilities located in such 
                jurisdiction.
            (3) Limitation.--Any authority established under paragraph 
        (2)(A) shall be limited to transportation within the States of 
        California, Arizona, New Mexico, and Texas, unless the 
        Secretary certifies, on a case-by-case basis, that transport to 
        a particular facility located in another State is necessary for 
        the public good.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
appropriate committees of Congress, and make publicly available, a 
report that includes--
            (1) an assessment as to whether current Department of 
        Homeland Security ground transportation resources are 
        sufficient--
                    (A) to meet Department responsibilities with 
                respect to the transportation of migrants; and
                    (B) to ensure the safety of Department personnel 
                and migrants;
            (2) a description of current Department contracts regarding 
        transportation of migrants at the southwest border, the ability 
        of the Department to expand such contracts to improve 
        transportation capacity, and any limitations related to such 
        contracts that impede the expansion of transportation capacity;
            (3) a description of recommended changes to Department 
        transportation policies and standards that would require 
        additional legislative authority;
            (4) recommendations to Congress for legislative changes 
        that would improve the ability of the Department to expand and 
        improve its transportation capabilities; and
            (5) an assessment of the impact of public health 
        emergencies on Department transportation and the steps the 
        Department will take to further improve transportation of 
        migrants during public health emergencies.

SEC. 16. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to affect any requirement 
placed on the Department of Homeland Security or any other agency under 
the terms of any lawful settlement agreement or consent decree entered 
into by the Department or another agency.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act and the amendments made by this Act.
                                 <all>