Border Enforcement, Security, and Technology Act of 2013 and BEST Act of 2013 - Directs the Secretary of Homeland Security (DHS) to develop: (1) a comprehensive technology plan for the security of the international borders of the United States, and (2) a National Strategy for Border Security to achieve operational control over all ports of entry into the United States and the international borders of the United States.
Directs the Secretary to address Border Patrol and U.S. Customs and Border Protection (CBP) recruitment and retention challenges.
Authorizes the Secretary to increase the number of CBP officers.
Directs the Secretary to conduct a pilot program to provide a tactical cellular testbed on the southwest U.S. border that serves as a communications platform and an intelligence data transport layer between a dismounted team and the nearest communications node.
Directs the Secretary to establish: (1) a mandatory exit data system by December 31, 2015, that includes data collection from machine-readable visas, passports, and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry; and (2) a mandatory biometric exit data system within two years at the ten U.S. airports that support the highest volume of international air travel.
Directs the Comptroller General (GAO) to report to Congress regarding: (1) registered traveler programs, and (2) the number and country of origin of non-deportable aliens who have been released into the United States over the past 10 years.
Directs the Secretary to issue a rule regarding the procedural and record keeping requirements associated with border security searches of electronic devices.
Directs the Inspector General (of DHS) to report to Congress regarding CBP-Coast Guard coordination of land and maritime border enforcement efforts.
Establishes the Department of Homeland Security Border Oversight Task Force.
Directs the Secretary to: (1) work with Canadian and Mexican government officials to assess the needs of Central American countries to maintain their border security and to determine the related support needed by such countries from the United States, Canada, and Mexico; (2) provide Mexico with assistance to help secure its southern border from undocumented aliens, drugs, weapons, and other contraband; and (3) work with government officials of Caribbean countries to address maritime border security.
Directs the Secretary to establish standards for appropriate treatment of immigration detainees, including guidelines for children at family detention centers.
Authorizes appropriations for detention program alternatives.
Directs the Secretary, with respect to aliens apprehended and detained by the Border Patrol, to: (1) ensure adequate access to food and water; (2) ensure that information is provided concerning such alien's rights, including the right to contact a representative of his or her government; and (3) establish a database containing family member, medical, and location information.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2872
To secure the borders of the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2013
Ms. Loretta Sanchez of California introduced the following bill; which
was referred to the Committee on Homeland Security, and in addition to
the Committees on Foreign Affairs, the Judiciary, and Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To secure the borders of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITION; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Border
Enforcement, Security, and Technology Act of 2013'' and ``BEST Act of
2013''.
(b) Definition.--In this Act, the term ``appropriate congressional
committees'' means the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Definition; Table of contents.
TITLE I--COMPREHENSIVE BORDER SECURITY STRATEGY
Sec. 101. Technology plan.
Sec. 102. National Strategy for Border Security.
Sec. 103. Roles and responsibility.
TITLE II--BORDER SECURITY PERSONNEL AND RESOURCES
Sec. 201. Maintenance of adequate ratio of supervisory and managerial
agents to new agents.
Sec. 202. Strengthening border patrol recruitment and retention.
Sec. 203. Authorization of additional U.S. Customs and Border
Protection officers.
Sec. 204. Strengthening U.S. Customs and Border Protection officer
recruitment and retention.
Sec. 205. Enhanced customer service standards and professionalism
training.
Sec. 206. U.S. Customs and Border Protection officer training.
Sec. 207. U.S. Customs and Border Protection wait times transparency.
Sec. 208. K-9 units.
Sec. 209. Equipment and vehicle needs for Customs and Border Protection
officers and Border Patrol agents.
TITLE III--STRENGTHENING INFRASTRUCTURE AND TECHNOLOGY
Sec. 301. Pilot program on border connectivity.
TITLE IV--SECURING THE PORTS OF ENTRY
Sec. 401. Biometric exit data system.
Sec. 402. NEXUS, SENTRI, and FAST assessment.
Sec. 403. Electronic device search and seizure standards at ports of
entry.
TITLE V--FEDERAL, STATE, AND LOCAL COORDINATION AND ASSISTANCE
Sec. 501. Coordination of land and maritime border enforcement efforts.
Sec. 502. Department of Homeland Security Border Oversight Task Force.
TITLE VI--INTERNATIONAL COOPERATION
Sec. 601. North and Central American border security cooperation
initiative.
Sec. 602. Enhancing the security of Mexico's southern border.
Sec. 603. Caribbean cooperation initiative.
TITLE VII--SECURE AND HUMANE DETENTION AND EFFECTIVE REPATRIATION.
Sec. 701. Immigration detention standards.
Sec. 702. Detention management.
Sec. 703. Alternatives to detention for families and vulnerable
populations.
Sec. 704. Short term detention standards at and between ports of entry.
Sec. 705. Report on nondeportable aliens.
TITLE I--COMPREHENSIVE BORDER SECURITY STRATEGY
SEC. 101. TECHNOLOGY PLAN.
(a) Requirement for Plan.--The Secretary of Homeland Security shall
develop a comprehensive plan for the technology for the security of the
international borders of the United States.
(b) Contents.--The plan required under subsection (a) shall include
the following:
(1) A description of existing technologies employed along
the international borders of the United States.
(2) Requirements relating to the compatibility of new
technologies with technologies in use by the Secretary of
Homeland Security on the date of the enactment of this Act.
(3) A description of how the Commissioner of United States
Customs and Border Protection and the Commandant of the Coast
Guard are working, or are expected to work, with the Under
Secretary for Science and Technology of the Department of
Homeland Security to identify and test new technology.
(4) A description of the specific technology to be deployed
along the international borders of the United States.
(5) Identification of any obstacles that may impede the
deployment described in paragraph (4).
(6) A description on how the Commissioner of United States
Customs and Border Protection shall consult with border
communities in the development of technology.
(7) A description of how existing and proposed technologies
and infrastructure used for land and maritime security will
impact the environmental, social, economic, and cultural
conditions of surrounding communities.
(8) A detailed estimate of all costs associated with the
deployment of new technology and infrastructure and with
continued maintenance of such technologies and infrastructure.
(9) A detailed estimate of personnel needed to operate and
maintain the technologies and infrastructure described in
paragraph (8).
(10) A description of how the Secretary of Homeland
Security is working with the Administrator of the Federal
Aviation Administration on safety and airspace control issues
associated with the use of unmanned aerial vehicles.
(11) A description of technologies developed or utilized by
the Department of Defense, including any such technologies
determined to be excess by the Secretary of Defense.
(c) Submission to Congress.--Not later than three months after the
date of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the plan required under subsection
(a).
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy.--The Secretary of Homeland Security,
in consultation with the heads of other appropriate Federal departments
and agencies, shall develop a National Strategy for Border Security
that describes actions to be carried out to achieve operational control
over--
(1) all ports of entry into the United States; and
(2) the international borders of the United States.
(b) Contents.--The National Strategy for Border Security required
under subsection (a) shall include the following:
(1) The implementation schedule for the comprehensive
technology plan for the security of the international borders
required under section 101.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international borders.
(3) A risk assessment for all United States ports of entry
and all portions of the international borders of the United
States, including a description of activities being undertaken
to--
(A) prevent the entry into the United States of
terrorists, instruments of terrorism, human
traffickers, criminal aliens, perpetrators of criminal
violence, unlawful aliens, narcotics, and other
contraband; and
(B) protect critical infrastructure at or near such
ports of entry or borders.
(4) A description of the legal requirements that prevent
achieving and maintaining operational control over the
international borders of the United States.
(5) A description of the most appropriate, practical, and
cost-effective means of protecting the international borders of
the United States against threats to security and illegal
transit, including intelligence capacities, technology,
equipment, personnel, and training needed to address border
security vulnerabilities.
(6) A description of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the international borders of the
United States and the impact of new security programs,
policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations regarding actions the Secretary of Homeland
Security can carry out to improve coordination with such
authorities to enable border security and enforcement
activities to be carried out in a more efficient and effective
manner.
(8) A description of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, private property rights,
privacy rights, and civil liberties.
(9) An assessment of effects and reporting on deaths and
injuries resulting from unlawful border crossings.
(10) A prioritized list of research and development
objectives to enhance the security of the international borders
of the United States.
(11) An assessment on how crossing times at port of entry
border crossings impact legitimate border activity.
(12) A description of the performance metrics to be used to
ensure accountability by the components of the Department of
Homeland Security in implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a prioritization
of security measures, realistic deadlines for addressing
security and enforcement needs, an estimate of the resources
required to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the National Strategy for Border
Security required under subsection (a), the Secretary of Homeland
Security shall consult with representatives of--
(1) State, local, territorial, and tribal authorities with
responsibility for locations along the international borders of
the United States; and
(2) appropriate private sector entities, labor
organizations, nongovernmental organizations, and affected
communities that have expertise in subject matter areas related
to border policy.
(d) Coordination.--The National Strategy for Border Security
required under subsection (a) shall be consistent with the National
Strategy for Maritime Security developed pursuant to Homeland Security
Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees the
National Strategy for Border Security required under subsection
(a).
(2) Updates.--The Secretary of Homeland Security shall
submit to the appropriate congressional committees any update
of such Strategy that the Secretary determines is necessary,
not later than 30 days after any such update is developed.
SEC. 103. ROLES AND RESPONSIBILITY.
(a) In General.--Nothing in section 102 or 103 may be construed to
relieve the Secretary of Homeland Security of the responsibility to
take all actions necessary and appropriate to achieve and maintain
operational control over the international borders of the United
States.
(b) Operational Control Defined.--In this title, the term
``operational control'' means the ability to detect, respond, and
interdict border penetrations in areas determined to be a high priority
for threat potential or other national security objectives. Such
ability may be limited to specific smuggling corridors or other
geographically defined locations as designated by the Secretary of
Homeland Security.
TITLE II--BORDER SECURITY PERSONNEL AND RESOURCES
SEC. 201. MAINTENANCE OF ADEQUATE RATIO OF SUPERVISORY AND MANAGERIAL
AGENTS TO NEW AGENTS.
(a) In General.--Except as provided in subsection (b), the
Secretary of Homeland Security shall maintain a ratio of five new
Border Patrol agents to every one supervisor.
(b) Exception.--Subsection (a) shall not apply in the case of a
work unit with an average length of service of four or more years.
(c) New Border Patrol Agent Defined.--In this section, the term
``new Border Patrol agent'' means a Border Patrol agent who has fewer
than two years of experience.
SEC. 202. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.
(a) In General.--The Secretary of Homeland Security shall, in
accordance with existing Federal statutes applicable to pay,
recruitment, and retention of Federal law enforcement officers, address
the recruitment and retention challenges faced by the Border Patrol,
including the following:
(1) The establishment of a recruitment incentive for Border
Patrol agents, including the establishment of a foreign
language incentive award.
(2) The establishment of a retention plan, including the
payment of bonuses to Border Patrol agents for every year of
service after the first two years of service.
(3) An increase in the pay percentage differentials to
Border Patrol agents in certain high-cost areas, as determined
by the Secretary of Homeland Security, in accordance with other
Federal, State, and local law enforcement agencies.
(4) The basic rate of pay for Border Patrol agents shall
increase from the annual rate of basic pay for positions at GS-
12 of the General Schedule to the annual rate of basic pay for
positions at GS-13 of such Schedule.
(5) The establishment of quarterly goals for the
recruitment of new Border Patrol agents, including goals for
the number of such recruits entering Border Patrol training,
and the number of such recruits who successfully complete such
training and become Border Patrol agents.
(b) Applicability of Recruitment Incentive to Current Border Patrol
Agents.--Any recruitment incentive described in subsection (a)(1) shall
be applicable for Border Patrol agents currently employed by the
Department of Homeland Security who may qualify for such incentive.
(c) Supervisor Training Capacity.--The Secretary of Homeland
Security shall expand the training capacity at the Federal Law
Enforcement Training Center (FLETC) in Artesia, New Mexico, to the
extent necessary to train and maintain the ratio specified in section
201.
(d) Reporting Requirements Relating to Recruitment and Retention
Progress.--Not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter, the Secretary of Homeland
Security shall submit to the appropriate congressional committees a
report on the resources expended for Border Patrol recruitment and
retention efforts by the Department of Homeland Security and whether
the Department is meeting its recruitment and retention goals for
Border Patrol agents under this section.
SEC. 203. AUTHORIZATION OF ADDITIONAL U.S. CUSTOMS AND BORDER
PROTECTION OFFICERS.
Not later than September 30, 2014, the Secretary of Homeland
Security is authorized to increase the number of U.S. Customs and
Border Protection officers by 1,600 over the number of such officers in
existence as of the date of the enactment of this Act.
SEC. 204. STRENGTHENING U.S. CUSTOMS AND BORDER PROTECTION OFFICER
RECRUITMENT AND RETENTION.
(a) Required Plan.--The Secretary of Homeland Security shall
establish a plan, in accordance with existing Federal statutes
applicable to pay, recruitment, and retention of Federal law
enforcement officers, to address the recruitment and retention
challenges faced by U.S. Customs and Border Protection. Such plan shall
include the following components:
(1) The establishment of a retention plan, including the
payment of bonuses to U.S. Customs and Border Protection
officers for every year of service after the first two years of
service.
(2) An increase in the pay percentage differentials to U.S.
Customs and Border Protection officers in certain high-cost
areas, as determined by the Secretary of Homeland Security, in
accordance with other Federal, State, and local law enforcement
agencies.
(3) An increase in the annual rate of basic pay for U.S.
Customs and Border Protection Officers at GS-12 of the General
Schedule to the annual rate of basic pay for positions at GS-13
of such Schedule.
(4) The establishment of quarterly goals for the
recruitment of new U.S. Customs and Border Protection officers,
including goals for the number of such recruits entering U.S.
Customs and Border Protection officer training, and the number
of such recruits who successfully complete such training and
become U.S. Customs and Border Protection officers.
(b) Reporting Requirements Relating to Recruitment and Retention
Progress.--Not later than 90 days after the date of the enactment of
this Act and every 90 days thereafter, the Secretary of Homeland
Security shall submit to the appropriate congressional committees a
report on the resources expended for U.S. Customs and Border Protection
officer recruitment and retention efforts by the Department of Homeland
Security and whether the Department is meeting its recruitment and
retention goals for U.S. Customs and Border Protection officers under
this section.
SEC. 205. ENHANCED CUSTOMER SERVICE STANDARDS AND PROFESSIONALISM
TRAINING.
(a) Plans Required.--The Secretary of Homeland Security shall
implement a comprehensive plan, based on publicly communicated metrics,
for U.S. Customs and Border Protection to improve professionalism and
customer service.
(b) Plan Components.--The plan required under subsection (a) shall
include each of the following:
(1) Information on the metrics U.S. Customs and Border
Protection will use to measure customer service.
(2) Information on the metrics U.S. Customs and Border
Protection will use to measure professionalism.
(3) The implementation of a system to improve customer
service by soliciting customer comments combining in person,
phone, and online solutions.
(4) The establishment of customer service best practices
based on the customer service metrics referred to in paragraph
(1).
(5) The establishment of professionalism best practices
based on the professionalism metrics referred to in paragraph
(2).
(6) A requirement that U.S. Customs and Border Protection
submit to Congress quarterly reports on the agency's
performance against the customer service metrics referred to in
paragraph (1), the professionalism metrics referred to in
paragraph (2), the best practices referred to in paragraph (4),
and the best practices referred to in paragraph (5).
(c) Annual Reports to Congress.--At least once each year, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees a report on U.S. Customs and Border
Protection. Each such report shall include--
(1) an assessment of U.S. Customs and Border Protection's
customer service performance based on the metrics referred to
in subsection (b)(1);
(2) a detailed description of customer service improvements
sought by customers;
(3) customer service improvements sought by Department of
Homeland Security metrics, and the costs associated with such
improvements;
(4) the security and efficiency benefits derived from such
improvements;
(5) an assessment of U.S. Customs and Border Protection's
professionalism performance based on the metrics referred to in
subsection (b)(2);
(6) a description of any improvements in U.S. Customs and
Border Protection's professionalism, and costs associated with
such improvements; and
(7) the security and efficiency benefits derived from such
improvements.
(d) Oversight.--The Department of Homeland Security's Office of
Civil Rights and Civil Liberties shall have oversight of--
(1) the customer service and professionalism efforts of
U.S. Customs and Border Protection under this section to ensure
that comments are collected, analyzed, and responded to in a
timely manner; and
(2) the development of monthly reports detailing the number
and types of such comments submitted by the public, which shall
be made available to the public through the Department's Web
site.
SEC. 206. U.S. CUSTOMS AND BORDER PROTECTION OFFICER TRAINING.
(a) Ensuring Customs and Border Protection Officer Training.--Not
later than 90 days after the date of the enactment of this Act, the
Commissioner of U.S. Customs and Border Protection shall incorporate
into an existing database of the agency or develop a database system
that identifies for each Customs and Border Protection officer--
(1) the assigned port placement location;
(2) the specific assignment and responsibilities;
(3) the required initial training courses completed;
(4) the required ongoing training courses available and
completed;
(5) for each training course completed, the method by which
such training course was delivered;
(6) for each training course, the time allocated during on-
duty hours within which training must be completed;
(7) for each training course offered, the duration of
training and the amount of time an officer must be absent from
work to complete such training course;
(8) if training has been postponed, the basis for
postponing such training and the date such training was
completed;
(9) certification or evidence of completion of each
training course; and
(10) certification by a supervising officer that the
officer at issue is able to carry out the function for which
the training was provided.
(b) Identifying and Enhancing On-the-Job Training.--Not later than
90 days after the date of the enactment of this Act, the Commissioner
of U.S. Customs and Border Protection shall--
(1) review the mission and responsibilities of Customs and
Border Protection officers carried out at air, land, and sea
ports of entry in both primary and secondary inspections areas;
(2) develop an inventory of specific tasks that must be
performed by Customs and Border Protection officers throughout
the entire inspection process at such ports of entry, including
tasks to be performed in such primary and secondary inspections
areas;
(3) ensure that on-the-job training includes supervised and
evaluated performance of the tasks identified in paragraph (2),
or a supervised and evaluated practical training exercise that
simulates the on-the-job experience; and
(4) develop criteria to measure officer proficiency in
performing the tasks identified in paragraph (2) and for
providing feedback to officers on a regular basis.
(c) Use of Data.--The Commissioner of U.S. Customs and Border
Protection shall use the information developed under subsection (a) and
subsection (b)(2) to--
(1) develop specific training requirements for Customs and
Border Protection officers to ensure that such officers have
sufficient training to conduct primary and secondary
inspections at land, air, and sea ports of entry;
(2) measure progress toward achieving the training
requirements referred to in paragraph (1); and
(3) make staffing allocation decisions.
(d) Competency.--Supervisors of on-the-job training for Customs and
Border Protection officers shall--
(1) attest to the competency of such officers to carry out
the functions for which such officers received training; and
(2) provide feedback to such officers on performance.
SEC. 207. U.S. CUSTOMS AND BORDER PROTECTION WAIT TIMES TRANSPARENCY.
To increase professionalism and transparency, the Commissioner of
U.S. Customs and Border Protection shall--
(1) publish live wait times at all United States ports of
entry, as determined by calculating the time elapsed between an
individual's entry into the Customs and Border Protection
inspection area and such individual's clearance by a Customs
and Border Protection officer;
(2) make information about such wait time available to the
public in real time through the U.S. Customs and Border
Protection Web site;
(3) submit to the appropriate congressional committees
monthly reports that include compilations of all such wait
times and that rank all United States air ports of entry by
wait times; and
(4) provide adequate staffing at the U.S. Customs and
Border Protection information center to reduce wait times to
under 10 minutes for travelers attempting to submit comments or
speak with a representative about their entry experiences.
SEC. 208. K-9 UNITS.
(a) In General.--The Secretary of Homeland Security shall increase
by 20 percent the number of K-9 units working within U.S. Customs and
Border Protection over the number of such units in existence at the end
of fiscal year 2013, including adding infrastructure, officers, and
support staff necessary for such additional units.
(b) Use of New Units.--The Secretary of Homeland Security shall
deploy to the international borders between the United States and
Mexico and the United States and Canada the additional K-9 units added
under subsection (a). Such units shall be used only for bomb,
narcotics, passenger, and currency detection purposes.
SEC. 209. EQUIPMENT AND VEHICLE NEEDS FOR CUSTOMS AND BORDER PROTECTION
OFFICERS AND BORDER PATROL AGENTS.
(a) In General.--The Secretary of Homeland Security shall keep the
appropriate congressional committees informed of the equipment and
vehicle needs for Customs and Border Protection Officers and Border
Patrol agents.
(b) Equipment and Vehicles.--Equipment and vehicle needs under
subsection (a) shall include the following:
(1) The Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection, shall
account for the number of helicopters and power boats. The
Secretary shall ensure that the appropriate types of
helicopters that are being requested will be mission capable.
The Secretary shall also ensure that the types of power boats
that are being requested are appropriate for both the waterways
in which they are to be used and the mission requirements.
(2) The Secretary of Homeland Security shall keep the
appropriate congressional committees informed of the fleet of
motor vehicles appropriate for use by Border Patrol agents and,
when necessary, by Customs and Border Protection officers, that
will permit a ratio of at least one mission specific vehicle
per every three agents or officers. Each vehicle shall have a
``panic button'' and a global positioning system device that
may be activated solely in emergency situations for the purpose
of tracking the location of an agent or officer in distress.
(3) The Secretary of Homeland Security shall equip each
mission specific vehicle in the fleet of the Border Patrol and
when necessary, U.S. Customs and Border Protection, with a
portable electronic device that would allow agents to access
necessary law enforcement databases and otherwise suited to the
unique operational requirements of the Border Patrol and, when
necessary, U.S. Customs and Border Protection. Each such
portable electronic device shall be equipped with a ``panic
button'' and a global positioning system device that is
activated solely in emergency situations for the purpose of
tracking the location of an agent or officer in distress.
(4) The Secretary of Homeland Security shall equip each
Border Patrol agent, and when necessary, each U.S. Customs and
Border Protection officer, with a hand-held global positioning
system device for navigational purposes.
(5) The Secretary of Homeland Security provide for the
equipment needs for night time operations, including night
vision equipment, by Customs and Border Protection officers and
Border Patrol agents.
(6) The Secretary of Homeland Security shall issue every
Border Patrol agent and Customs and Border Protection officer
high-quality body armor that is appropriate for the climate and
risks faced by such agents and officers.
(c) Use and Training.--The Secretary of Homeland Security shall
establish an overall policy on how the equipment and vehicles described
in subsection (b) will be used, and implement training programs for the
agents and officers who use such equipment and vehicles, including safe
operating procedures and rescue operations.
TITLE III--STRENGTHENING INFRASTRUCTURE AND TECHNOLOGY
SEC. 301. PILOT PROGRAM ON BORDER CONNECTIVITY.
(a) Establishment.--The Secretary of Homeland Security shall
conduct a pilot program to provide a tactical cellular testbed on the
southwest border of the United States that serves as both a
communications platform and an intelligence data transport layer
between a dismounted team and the nearest communications node. Such
pilot program shall be designed to--
(1) test and deploy 3G/4G communications and intelligence
collection devices;
(2) evaluate and test solutions that are ruggedized,
rapidly deployable, highly mobile, and customizable cellular
network capable of meeting multimission requirements and
providing complete connectivity in harsh and dynamic operating
environments;
(3) support the breadth of cellular technologies, including
technologies currently being leveraged by the Department of
Defense;
(4) test and evaluate communications that are interoperable
with existing communications capabilities, such as tactical
push-to-talk radios;
(5) pass data via the platform that includes biometric,
forensic, and cellular exploitation data;
(6) provide communications and data transport capabilities
that are available on-the-move with no disruption in service
and that integrate advanced geo-location capabilities;
(7) evaluate a platform that is able to operate as a
standalone system or be scalable to support multilevel
operations in order to meet user specifications and operational
needs; and
(8) provide secure communications and the rapid
dissemination of biometric, forensic, and other collected
information to exploitation centers for analysis within minutes
and provide a secure path back to the dismounted agent for
alerts and immediate feedback.
(b) Report to Congress.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees a report on the
Secretary's plan to conduct the pilot program described in subsection
(a).
TITLE IV--SECURING THE PORTS OF ENTRY
SEC. 401. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--
(1) Exit data system.--Not later than December 31, 2015,
the Secretary of Homeland Security shall establish a mandatory
exit data system that includes the collection of data from
machine-readable visas, passports, and other travel and entry
documents for all categories of aliens who are exiting from air
and sea ports of entry.
(2) Biometric exit data system.--Not later than two years
after the date of the enactment of this Act, the Secretary of
Homeland Security, in accordance with subsection (b) and in
consultation with nongovernmental organizations, academic
experts, and appropriate stakeholders representing the aviation
and transportation industries, shall establish a mandatory
biometric exit data system at the ten United States airports
that support the highest volume of international air travel, as
determined by Department of Transportation international flight
departure data.
(3) Study and report.--Not later than three years after the
establishment of the mandatory biometric exit data system under
paragraph (2), the Secretary of Homeland Security shall conduct
a study of the effectiveness of such system at the ten airports
referred to in such paragraph and submit to the appropriate
congressional committees a report on the results of such study.
(4) Expansion of biometric exit data system.--Not later
than four years after the establishment of the mandatory
biometric exit data system under paragraph (2), the Secretary
of Homeland Security shall--
(A) establish such system at the Core 30
international airports in the United States, as
designated by the Federal Aviation Administration; and
(B) submit to the appropriate congressional
committee a plan for the establishment of such system
at major sea and land ports of entry based upon--
(i) the performance of such system at the
ten airports referred to in such paragraph; and
(ii) the findings of the study conducted
pursuant to paragraph (3).
(b) Requirements for Biometric Exit Data System.--The mandatory
biometric exit data system established under subsection (a)(2) shall--
(1) recognize the advantages of being able to confirm an
individual's identity, and potentially such individual's threat
level, upon initial interaction at ports of entry;
(2) leverage existing and proven biometric technologies
utilized within the Department of Homeland Security;
(3) capitalize on lessons learned from the Department of
Defense use of biometric technologies in Iraq and Afghanistan;
(4) integrate with existing biometric databases across the
Federal Government;
(5) assess the role of biometric technologies in the
Department of Homeland Security's risk-based security model;
and
(6) assess operational and funding requirements of
Department of Homeland Security components, specifically U.S.
Customs and Border Protection and U.S. Immigration and Customs
Enforcement.
SEC. 402. NEXUS, SENTRI, AND FAST ASSESSMENT.
The Comptroller General of the United States shall submit to the
appropriate congressional committees a study of registered traveler
programs that--
(1) evaluates existing screening procedures to focus on
security risks and creating clear guidelines for program
participation;
(2) identifies any vulnerabilities in such procedures and
making recommendations to rectify such vulnerabilities; and
(3) assesses the feasibility of expanding such registered
traveler programs to additional ports of entry or additional
lanes at ports of entry where such programs are currently in
operation, provided that any existing vulnerabilities are
addressed.
SEC. 403. ELECTRONIC DEVICE SEARCH AND SEIZURE STANDARDS AT PORTS OF
ENTRY.
(a) Rule With Respect to Border Security Searches of Electronic
Devices.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Commissioner of U.S. Customs and Border
Protection, in coordination with the Assistant Secretary of
Homeland Security for U.S. Immigration and Customs Enforcement
and the senior official appointed pursuant to section 222 of
the Homeland Security Act of 2002 (6 U.S.C. 142), shall issue a
rule with respect to the scope of and procedural and
recordkeeping requirements associated with border security
searches of electronic devices.
(2) Content.--The rule issued pursuant to paragraph (1)
shall include the following:
(A) A requirement that information collected during
a border security search of an electronic device that
is determined to be commercial information, including
trade secrets, information subject to attorney-client
privilege, information subject to doctor-patient
privilege, or information subject to another privilege
or protection shall be handled in accordance with the
laws, rules, and regulations governing such information
and shall not be shared with a Federal, State, local,
tribal, territorial, or foreign agency unless it is
determined that such agency has the mechanisms in place
to comply with such laws, rules, and regulations.
(B) A requirement that authorized agents, to the
greatest extent practicable, conduct all border
security searches of electronic devices in the presence
of a supervisor and, where appropriate, in the presence
of the individuals whose electronic devices are subject
to such searches.
(C) A determination of the number of days that an
electronic device subjected to a border security search
or the information collected from such device may be
retained, unless probable cause exists, that prohibits
retention exceeding the period necessary to translate,
decrypt, or reasonably search such device or
information and that requires such information to be
destroyed if in the custody of an authorized agent
after such number of days.
(D) A requirement that if information collected
from an electronic device subjected to a border
security search is copied, shared, retained, or entered
into an electronic database, the individual from whose
electronic device such information is collected shall
receive written notification of such copying, sharing,
retention, or entry unless such notification would
hinder an investigation involving national security or
would meet another criteria established by the
Secretary of Homeland Security in the rule.
(E) A requirement that an individual subjected to a
border security search of an electronic device shall
receive a receipt for such device if such device is
removed from the possession of such individual.
(F) A requirement that an individual subjected to a
border security search of an electronic device shall
receive notice of how to report abuses or concerns and
how to seek redress from the Department of Homeland
Security.
(G) A requirement that information on the rights of
individuals with respect to border security searches
and Department of Homeland Security redress procedures
shall be posted at all ports of entry in locations that
are likely to be viewed by individuals subject to
border security searches.
(H) A privacy impact assessment of the rule, as
prepared by the senior official appointed pursuant to
section 222 of the Homeland Security Act of 2002, that
includes recommendations with respect to the copying,
sharing, retention, and entry into an electronic
database of personally identifiable information
collected from electronic devices subjected to a border
security search.
(I) A civil liberties impact assessment of the
rule, as prepared by the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security.
(b) Training and Auditing With Respect to the Rule.--
(1) Training.--The Secretary of Homeland Security shall
provide each authorized agent with appropriate training to
conduct border security searches of electronic devices in
accordance with the rule issued pursuant to subsection (a). The
training shall include instruction on constitutional, privacy,
civil rights, and civil liberties issues related to such
searches.
(2) Auditing.--The Secretary of Homeland Security, acting
through the Inspector General of the Department of Homeland
Security, shall develop and annually administer an auditing
mechanism to review whether authorized agents are conducting
border security searches of electronic devices in accordance
with the rule issued pursuant to subsection (a).
(c) Report.--Not later than 90 days after the effective date of the
rule issued pursuant to subsection (a) and quarterly thereafter, the
Secretary of Homeland Security shall submit to the appropriate
congressional committees a report that includes the following:
(1) A description of the activities of authorized agents
with respect to border security searches of electronic devices.
(2) A description of the manner in which the Department of
Homeland Security has complied with the requirements of this
section.
(3) The number, by port of entry, of border security
searches of electronic devices conducted during the reporting
period.
(4) The number, by port of entry, of instances during the
reporting period that information from an electronic device
subjected to a border security search was retained, copied,
shared, or entered in an electronic database, including the
number of electronic devices retained as the result of any such
border security search.
(5) The race, ethnicity, national origin, and citizenship
of each individual whose electronic device was subjected to a
border security search during the reporting period, to
determine the existence or absence of racial profiling.
(6) The number of instances during the reporting period
that information collected from an electronic device subjected
to a border security search was referred to a law enforcement
or intelligence agency for further action, including whether
such information resulted in a prosecution or conviction.
(d) Definitions.--In this section:
(1) Authorized agent.--The term ``authorized agent'' means
an agent, officer, or official of United States Customs and
Border Protection, United States Immigration and Customs
Enforcement, or any other office or agency of the Department of
Homeland Security who is authorized to conduct a border
security search.
(2) Border security search.--The term ``border security
search'' means a search by an authorized agent of persons,
baggage, or cargo entering, departing, or passing through the
United States through any port of entry.
(3) Electronic device.--The term ``electronic device''
means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device performing logical,
arithmetic, or storage functions, such as a computer, a
cellular telephone, or any other device used for electronic
communication or for storing electronic, digital or analog
data, and which includes any data storage facility or
communications facility directly related to or operating in
conjunction with such device.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
TITLE V--FEDERAL, STATE, AND LOCAL COORDINATION AND ASSISTANCE
SEC. 501. COORDINATION OF LAND AND MARITIME BORDER ENFORCEMENT EFFORTS.
The Inspector General of the Department of Homeland Security shall
submit to Congress a report on the state of coordination between U.S.
Customs and Border Protection and the Coast Guard regarding land and
maritime border enforcement efforts and make recommendations to enhance
such coordination, rectify any jurisdictional issues that are
identified, and improve such border security enforcement efforts.
SEC. 502. DEPARTMENT OF HOMELAND SECURITY BORDER OVERSIGHT TASK FORCE.
(a) Establishment.--
(1) In general.--There is established an independent task
force, which shall be known as the Department of Homeland
Security Border Oversight Task Force (referred to in this
section as the ``DHS Task Force'').
(2) Duties.--The DHS Task Force shall--
(A) review and make recommendations regarding
immigration and border enforcement policies,
strategies, and programs that take into consideration
their impacts on border communities;
(B) recommend ways in which the Border Communities
Liaison Offices can strengthen relations and
collaboration between communities in the border regions
and the Department of Homeland Security and other
Federal agencies that carry out such policies,
strategies, and programs;
(C) evaluate how the policies, strategies, and
programs of Federal agencies operating along the
international borders between the United States and
Mexico and between the United States and Canada protect
the due process, civil, and human rights of border
residents, visitors, and migrants at and near such
borders; and
(D) evaluate and make recommendations regarding the
training of border enforcement personnel.
(3) Membership.--
(A) In general.--The DHS Task Force shall be
composed of 26 members, appointed by the President, who
have expertise in migration, local crime indices, civil
and human rights, community relations, cross-border
trade and commerce, quality of life indicators, or
other pertinent experience, of whom--
(i) 13 members shall be from the northern
border region and shall include--
(I) two local government elected
officials;
(II) two local law enforcement
official;
(III) two civil rights advocates;
(IV) one business representative;
(V) one higher education
representative;
(VI) one representative of a faith
community;
(VII) two representatives of the
Border Patrol; and
(VIII) two tribal officials; and
(ii) 17 members shall be from the southern
border region and shall include--
(I) three local government elected
officials;
(II) three local law enforcement
officials;
(III) three civil rights advocates;
(IV) two business representatives;
(V) one higher education
representative;
(VI) one representative of a faith
community;
(VII) two representatives of the
Border Patrol; and
(VIII) two tribal officials.
(B) Nongovernmental appointees.--Individuals
appointed as members of the DHS Task Force may not be
employed by the Federal Government.
(C) Term of service.--Members of the Task Force
shall be appointed for the shorter of--
(i) three years; or
(ii) the duration of the DHS Task Force.
(D) Chair, vice chair.--The members of the DHS Task
Force shall elect a Chair and a Vice Chair from among
its members, who shall serve in such capacities for the
duration of the DHS Task Force or until removed by the
majority vote of at least 14 members.
(b) Operations.--
(1) Initial meeting.--The DHS Task Force shall hold its
first meeting not later than 90 days after the date of the
enactment of this Act.
(2) Hearings.--The DHS Task Force may, for the purpose of
carrying out its duties, hold hearings, sit and act, take
testimony, receive evidence, and administer oaths.
(3) Recommendations.--The DHS Task Force may make findings
or recommendations to the Secretary of Homeland Security
related to the duties described in subsection (a)(2).
(4) Response.--Not later than 180 days after receiving the
findings and recommendations from the DHS Task Force under
paragraph (2), the Secretary of Homeland Security shall issue a
response that describes how the Department of Homeland Security
has addressed, or will address, such findings and
recommendations.
(5) Information from federal agencies.--The Chair, or 16
members of the DHS Task Force, may request statistics relating
to the duties described in subsection (a)(2) directly from the
head of any Federal agency, who shall, to the extent authorized
by law, furnish such information, suggestions, estimates, and
statistics directly to the DHS Task Force.
(6) Compensation.--Members of the DHS Task Force shall
serve without pay, but shall be reimbursed for reasonable
travel and subsistence expenses incurred in the performance of
their duties.
(c) Report.--Not later than two years after its first meeting under
subsection (b)(1), the DHS Task Force shall submit to the President,
the appropriate congressional committees, and the Secretary of Homeland
Security a final report that contains--
(1) findings with respect to the duties of the DHS Task
Force; and
(2) recommendations regarding border and immigration
enforcement policies, strategies, and programs, including--
(A) a recommendation as to whether the DHS Task
Force should continue to operate; and
(B) a description of any duties the DHS Task Force
should be responsible for after the termination date
described in subsection (d).
TITLE VI--INTERNATIONAL COOPERATION
SEC. 601. NORTH AND CENTRAL AMERICAN BORDER SECURITY COOPERATION
INITIATIVE.
(a) Assessment of Needs.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall work with the
appropriate officials of the Government of Canada and the Government of
Mexico to establish a program to assess the specific needs of the
countries of Central America to maintain the security of the
international borders of such countries and to determine the support
needed by such countries from the United States, Canada, and Mexico, to
meet such needs.
(b) Provision of Assistance.--
(1) In general.--The Secretary of Homeland Security, in
cooperation with the Secretary of State, shall work with the
appropriate officials of the governments of the countries of
Central America to provide, pursuant to the assessment of
specific needs determined under subsection (a), the necessary
equipment, technical assistance, and vehicles to manage,
regulate, and patrol the international borders of such
countries. The Secretary of Homeland Security shall establish
Special Vetted Units of U.S. Immigration and Customs
Enforcement in Central American countries, including in
Honduras, where such units do not currently exist.
(2) Reporting.--The Secretary of Homeland Security shall
submit to the appropriate congressional committees periodic
reports on the utilization of United States assistance under
paragraph (1) and the effectiveness of such assistance.
SEC. 602. ENHANCING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Provision of Assistance.--The Secretary of Homeland Security,
in cooperation with the Secretary of State, shall provide to Mexico
assistance to help secure Mexico's southern border from undocumented
aliens, drugs, weapons, and other contraband.
(b) Reporting.--The Secretary of Homeland Security, in cooperation
with the Secretary of State, shall submit to the appropriate
congressional committees an annual report on the assistance provided in
accordance with subsection (a) and an evaluation of its effectiveness.
SEC. 603. CARIBBEAN COOPERATION INITIATIVE.
(a) Assessment of Needs.--The Secretary of Homeland Security, in
cooperation with the Secretary of State, shall work with appropriate
officials of governments of Caribbean countries to establish a program
to assess the specific needs of such countries to address the unique
challenges of maritime border security.
(b) Provision of Assistance.--
(1) In general.--The Secretary of Homeland Security, in
cooperation with the Secretary of State, shall work with
appropriate officials of the governments of the countries of
the Caribbean to provide, pursuant to the assessment of
specific needs determined under subsection (a), the necessary
equipment, technical assistance, and vehicles to manage,
regulate, and patrol the international maritime borders of such
countries. The Secretary of Homeland Security shall establish
Special Vetted Units of U.S. Immigration and Customs
Enforcement, U.S. Customs and Border Protection, and the Coast
Guard in such Caribbean countries, where such units do not
currently exist.
(2) Reporting.--The Secretary of Homeland Security shall
submit to the appropriate congressional committees periodic
reports on the utilization of United States assistance under
paragraph (1) and the effectiveness of such assistance.
TITLE VII--SECURE AND HUMANE DETENTION AND EFFECTIVE REPATRIATION.
SEC. 701. IMMIGRATION DETENTION STANDARDS.
(a) In General.--The Secretary of Homeland Security shall establish
standards based on guidelines developed in conjunction with outside
immigrant rights advocacy groups regarding appropriate treatment of
immigration detainees, including guidelines specifically for children
at family detention centers.
(b) Minimum Standards.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security shall
establish minimum standards for the treatment of immigration detainees
that shall include at a minimum the following:
(1) Fair and humane treatment.--Procedures to ensure that
detainees are not subject to degrading or inhumane treatment
such as physical abuse, sexual abuse or harassment, or
arbitrary punishment.
(2) Limitations on solitary confinement.--Solitary
confinement shall be used only in exceptional cases, for as
short a time as possible, and only as a last resort. The
decision to place someone in solitary confinement should be
reviewed regularly and should not exceed 30 days. Children and
the mentally ill shall not be placed in solitary confinement.
Procedures limiting the use of solitary confinement, shackling,
and strip searches of detainees to situations where the use of
such techniques is necessitated by security interests or other
extraordinary circumstances.
(3) Investigation of grievances.--Procedures for the prompt
and effective investigation of grievances raised by detainees.
(4) Access to telephones.--Procedures permitting detainees
sufficient access to telephones, and the ability to contact,
free of charge, legal representatives, the immigration courts,
the Board of Immigration Appeals, and the Federal courts
through confidential toll-free numbers.
(5) Location of facilities.--Location of detention
facilities, to the extent practicable, near sources of free or
low-cost legal representation with expertise in asylum or
immigration law.
(6) Procedures governing transfers of detainees.--
Procedures governing the transfer of a detainee that take into
account--
(A) the detainee's access to legal representatives,
existing attorney-client relationship and location of
family within the United States; and
(B) the proximity of the facility to the venue of
the removal proceeding.
(7) Interpretation and translation capabilities.--The
employment of detention facility staff that, to the extent
practicable, are qualified in the languages represented in the
population of detainees at a detention facility, and the
provision of alternative interpretation services and
translation of vital documents when necessary.
(8) Recreational programs and activities.--Daily access to
indoor and outdoor recreational programs and activities.
(9) Access to counsel and legal information.--Access to
legal orientation presentation programs, counsel, information
about one's legal case, including prompt filing of the notice
to appear and access to a law library.
(10) Quality medical care.--
(A) In general.--The Secretary of Homeland Security
shall ensure that prompt and adequate emergency,
primary, specialty, and hospital medical care is
provided at no cost to detainees, including dental
care, eye care, mental health care, individual and
group counseling, and medical dietary needs.
(B) Medical facilities.--The Secretary of Homeland
Security shall ensure that medical facilities in all
detention facilities maintain current accreditation by
the National Commission on Correctional Health Care
(NCCHC). NCCHC reports of accreditation findings shall
be made public.
(C) Medical records.--The Secretary of Homeland
Security shall ensure that complete and confidential
medical records are maintained for every detainee, and
that such records are made available upon request to
the detainee, his or her legal representative, or other
authorized individuals.
(c) Negotiated Rulemaking.--
(1) In general.--Before publishing the proposed regulations
required by paragraph (2) to carry out this title, the
Secretary of Homeland Security shall establish a negotiated
rulemaking process pursuant to subchapter IV of chapter 5 of
title 5, United States Code.
(2) Representation on negotiated rulemaking committee.--Any
negotiated rulemaking committee established by the Secretary of
Homeland Security pursuant to paragraph (1) shall include
representatives from--
(A) nongovernmental and intergovernmental
organizations experienced in providing legal, social,
and health services to immigrants and refugees; and
(B) the Department of Homeland Security.
SEC. 702. DETENTION MANAGEMENT.
(a) Compliance Monitoring.--The Inspector General of the Department
of Homeland Security shall monitor compliance with detention guidelines
promulgated under section 701 at U.S. Immigration and Customs
Enforcement-operated and -contracted immigration detention facilities.
(b) Additional Monitoring.--In the case of U.S. Immigration and
Customs Enforcement-contracted facilities, the Inspector General of the
Department of Homeland Security shall, in addition to the compliance
monitoring required under subsection (a), conduct an assessment of
contract costs and contract compliance at such facilities.
(c) Reporting.--The Inspector General of the Department of Homeland
Security shall submit to the appropriate congressional committees a
quarterly report containing findings and recommendations of the
Inspector General regarding the monitoring required under subsections
(a) and (b).
SEC. 703. ALTERNATIVES TO DETENTION FOR FAMILIES AND VULNERABLE
POPULATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary to carry out the implementation and utilization of secure
alternatives to detention programs.
(b) Secure Alternatives to Detention Programs.--
(1) Nature of the program.--For purposes of this section,
the programs referred to in subsection (a) are programs under
which aliens are screened, supervised, monitored, provided with
information about the legal process by nongovernmental
organizations, and referred to nongovernmental legal and social
service providers as needed to ensure such aliens appear at all
immigration interviews, appointments, and hearings. The
Secretary of Homeland Security shall develop custodial
alternatives programs that may include the use of electronic
monitoring devices and noncustodial alternatives programs. The
elements of the secure alternatives to detention program are--
(A) group presentations and individual screening;
(B) on-going supervision and monitoring; and
(C) referrals to assistance from nongovernmental
organizations.
(2) Voluntary participation.--An alien's participation in
the programs described in subsection (b) is voluntary and shall
not confer any rights or benefits to the alien under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(3) Program development.--The programs described in
subsection (b) shall be developed in accordance with the
following guidelines:
(A) The Secretary of Homeland Security shall design
the programs in consultation with nongovernmental
organizations, academic experts, and appropriate
stakeholders representing Department of Homeland
Security officials in charge of detention facilities.
(B) The Secretary of Homeland Security shall enter
into contracts with qualified community-based
nongovernmental entities that provide services to
aliens to provide screening, legal referrals, and
social services for secure alternatives to detention
programs.
(C) The Secretary of Homeland Security shall ensure
that each alien participates in a legal presentation
provided through the legal orientation presentation
program administered by the Executive Office for
Immigration Review.
(c) Protection of Vulnerable Populations.--When possible, within 72
hours of detaining an alien, the Secretary of Homeland Security shall
screen such alien to determine if such alien falls into one or more of
the following designated groups:
(1) Aliens who have serious medical or mental health needs
or a disability.
(2) Pregnant or nursing women.
(3) Aliens who are being detained with one or more of their
children.
(4) Aliens who provide financial, physical, and other
direct support to their minor children, parents, or other
dependents.
(5) Aliens who are over the age of 65.
(6) Children, as defined at section 101(c)(1) of the
Immigration and Nationality Act (8 U.S.C. 1101(c)(1)).
(7) Victims of abuse, violence, crime, or trafficking.
(8) Asylum seekers.
(9) Other groups designated in regulations or guidance
promulgated by the Secretary.
(10) Aliens who have a reasonable claim to United States
citizenship or aliens who are eligible for relief under a
provision of the Immigration and Nationality Act.
(d) Alternatives to Detention, Placement, and Custody Decisions.--
(1) In general.--Not later than 72 hours after an alien's
detention unless such 72-hour requirement is waived in writing
by such alien, such alien shall be released from the Department
of Homeland Security's custody on parole, a reasonable bond, or
such alien's own recognizance, and shall not be subject to
electronic monitoring, if the Department demonstrates that--
(A) such alien is not subject to mandatory
detention under sections 235(b)(1)(B)(iii)(IV) or 236A
of the Immigration and Nationality Act, or mandatory
custody under section 236(c) such Act;
(B) such alien does not pose a danger to others or
a risk to national security; and
(C) is a member of a vulnerable population as
defined by subsection (c).
(2) Release.--An alien shall be released under this
subsection--
(A) on such alien's own recognizance;
(B) by posting a reasonable bond under section
236(a) of the Immigration and Nationality Act; or
(C) on parole in accordance with section
212(d)(5)(A) of such Act.
(3) Other participation.--An alien who is denied release on
recognizance, parole, or bond, or is unable to pay the bond,
shall be selected for participation in the secure alternatives
to detention programs described in subsection (b) unless the
Secretary of Homeland Security demonstrates--
(A) that such alien is subject to mandatory
detention under section 235(b)(1)(B)(iii)(IV) of the
Immigration and Nationality Act, or subsections (a) or
(c) of section 236 of such Act;
(B) substantial evidence that such alien is a
flight risk where the risk of such alien's flight
cannot be mitigated through the use of services,
supervision, or monitoring; or
(C) such alien's participation in the programs
would create a risk to others or national security.
(4) Custody.--If an alien is determined not to meet the
requirements for release on recognizance, bond, or parole, or
subsequently does not meet the requirements for secure
alternatives to detention programs described in subsection (b),
such alien may be considered for placement in custodial
alternatives to detention programs that maintain custody over
such alien, such as through the use of electronic ankle
devices. The Secretary of Homeland Security shall make an
individualized determination in each alien's case about the use
of electronic monitoring and shall review such decision on a
monthly basis. Aliens who would otherwise be subject to
detention, including under section 236 of the Immigration and
Nationality Act, may be placed in electronic monitoring or
other alternatives to detention that maintain custody over such
alien.
(e) Decisions Under This Section.--In the case of a decision under
subsection (d), the following shall apply:
(1) Such decision shall be made in writing and shall be
served upon the alien concerned in the language spoken by such
alien. A decision to continue detention without releasing such
alien on recognizance, bond, or parole, or enrollment in the
secure alternatives to detention programs described in
subsection (b) shall specify in writing the reasons for such
decision.
(2) Such decision shall be served upon such alien within 72
hours of such alien's detention or, in the case of an alien
subject to sections 235, 238, or 241(a)(5) of the Immigration
and Nationality Act, within 72 hours of a positive credible or
reasonable fear determination.
(3) An alien subject to this section, including all aliens
who are entitled to a removal hearing under section 240 of the
Immigration and Nationality Act, may at any time after being
served with the Secretary of Homeland Security's decision under
subsection (d) request a redetermination of such decision by an
immigration judge.
(f) Applicability.--The Attorney General or an immigration judge,
at any time, may redetermine an alien's classification as a member of a
vulnerable population under subsection (c), the bond of an alien
released, or the custody status of an alien placed in the alternatives
to detention programs described in subsection (b). Nothing in this
section shall preclude an alien from being released on bond after
initially participating in the alternatives to detention programs.
(g) Eligibility and Operations.--Nothing in this section shall be
construed to modify the care and custody of unaccompanied alien
children (defined in section 462(g)(2) of the Homeland Security Act (6
U.S.C. 279(g)(2))) who shall be considered to be in the care and
exclusive custody of the Department of Health and Human Services. Such
children shall not be subject to expedited removal and shall not be
permitted to participate in the alternatives to detention programs
described in subsection (b).
SEC. 704. SHORT TERM DETENTION STANDARDS AT AND BETWEEN PORTS OF ENTRY.
(a) Proper Access to Food and Water Upon or as Soon as Practicable
Following Apprehension and During Short Term Detention at Border Patrol
Processing Centers.--The Secretary of Homeland Security, acting through
the Chief of the Border Patrol, shall ensure that adequate access to
food and water is provided to an alien apprehended and detained by a
Border Patrol agent between ports of entry upon or as soon as
practicable following the time of such apprehension or during
subsequent short term detention.
(b) Access to Information on Detainee Rights at Border Patrol
Processing Centers.--
(1) In general.--The Secretary of Homeland Security, acting
through the Chief of the Border Patrol, shall ensure that an
alien unlawfully present in the United States who is
apprehended by a Border Patrol agent is promptly provided with
information concerning such alien's rights, including the right
to contact a representative of such alien's government for
purposes of United States treaty obligations.
(2) Form.--The information referred to in paragraph (1) may
be provided either verbally or in writing by the apprehending
Border Patrol agent, and shall be posted in the detention
holding cell in which such alien is being held. The information
shall be provided in a language understandable to such alien.
(c) Documentation Concerning Repatriated Aliens.--The Secretary of
Homeland Security shall establish and maintain a database containing
the following information relating to aliens unlawfully present in the
United States apprehended and detained by Border Patrol agents:
(1) Information on the location of repatriation.
(2) Information on groups of families repatriated.
(3) Information on the locations of other members of
families, if separated during apprehension or detention.
(4) Information on the medical conditions of apprehended
and detained aliens.
(5) Information on any personal property that was returned
to the alien upon repatriation.
(d) Short Term Detention Defined.--In this section, the term
``short term detention'' means detention in a United States Border
Patrol processing center for 72 hours or less, before repatriation to a
country of nationality or last habitual residence.
(e) Report.--Not later than 90 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the appropriate congressional committees a report on the procurement
process and standards of entities with which the Department of Homeland
Security has contracts for the transportation and detention of aliens
unlawfully present in the United States apprehended by agents or
officers of the Department. Such report should also consider the
operational efficiency of contracting out transportation and detention
of aliens unlawfully present in the United States.
SEC. 705. REPORT ON NONDEPORTABLE ALIENS.
Not later than 90 days after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the number and country
of origin of nondeportable aliens who have been released into the
United States over the past ten years.
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Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committees on Foreign Affairs, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Foreign Affairs, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Foreign Affairs, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committees on Foreign Affairs, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Border and Maritime Security.
Referred to the Subcommittee on Immigration and Border Security.
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