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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1594 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1594

  To provide safeguards against faulty asylum procedures, to improve 
     conditions of detention for detainees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2009

Mr. Lieberman (for himself, Mr. Kennedy, and Mr. Akaka) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To provide safeguards against faulty asylum procedures, to improve 
     conditions of detention for detainees, 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.

    This Act may be cited as the ``Secure and Safe Detention and Asylum 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Asylum seeker.--The term ``asylum seeker'' means an 
        applicant for asylum under section 208 of the Immigration and 
        Nationality Act (8 U.S.C. 1158) or for withholding of removal 
        under section 241(b)(3) of such Act (8 U.S.C. 1231(b)(3)) or an 
        alien who indicates an intention to apply for relief under 
        either such section and does not include a person with respect 
        to whom a final adjudication denying an application made under 
        either such section has been entered.
            (2) Credible fear of persecution.--The term ``credible fear 
        of persecution'' has the meaning given that term in section 
        235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
        U.S.C. 1225(b)(1)(B)(v)).
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) Detainee.--The term ``detainee'' means an alien in the 
        Department's custody held in a detention facility.
            (5) Detention facility.--The term ``detention facility'' 
        means any Federal facility in which an asylum seeker, an alien 
        detained pending the outcome of a removal proceeding, or an 
        alien detained pending the execution of a final order of 
        removal, is detained for more than 72 hours, or any other 
        facility in which such detention services are provided to the 
        Federal Government by contract, and does not include detention 
        at any port of entry in the United States.
            (6) Reasonable fear of persecution or torture.--The term 
        ``reasonable fear of persecution or torture'' has the meaning 
        described in section 208.31 of title 8, Code of Federal 
        Regulations.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (8) Standard.--The term ``standard'' means any policy, 
        procedure, or other requirement.
            (9) Vulnerable populations.--The term ``vulnerable 
        populations'' means classes of aliens subject to the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
        have special needs requiring special consideration and 
        treatment by virtue of their vulnerable characteristics, 
        including experiences of, or risk of, abuse, mistreatment, or 
        other serious harms threatening their health or safety. 
        Vulnerable populations include the following:
                    (A) Asylum seekers.
                    (B) Refugees admitted under section 207 of the 
                Immigration and Nationality Act (8 U.S.C. 1157) and 
                individuals seeking such admission.
                    (C) Aliens whose deportation is being withheld 
                under section 243(h) of the Immigration and Nationality 
                Act (as in effect immediately before the effective date 
                of section 307 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (Public Law 104-
                208; 110 Stat. 3009-612)) or section 241(b)(3) of the 
                Immigration and Nationality Act (8 U.S.C. 1231(b)(3)).
                    (D) Aliens granted or seeking protection under 
                article 3 of the Convention Against Torture and other 
                Cruel, Inhumane, or Degrading Treatment or Punishment, 
                done at New York, December 10, 1994.
                    (E) Applicants for relief and benefits under the 
                Immigration and Nationality Act pursuant to the 
                amendments made by the Trafficking Victims Protection 
                Act of 2000 (division A of Public Law 106-386; 114 
                Stat. 1464), including applicants for nonimmigrant 
                status under subparagraph (T) or (U) of section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)).
                    (F) Applicants for relief and benefits under the 
                Immigration and Nationality Act pursuant to the 
                amendments made by the Violence Against Women Act of 
                2000 (division B of Public Law 106-386; 114 Stat. 
                1491).
                    (G) Unaccompanied alien children (as defined in 
                462(g) of the Homeland Security Act of 2002 (6 U.S.C. 
                279(g)).
                    (H) Families with children.
                    (I) Detainees with serious medical or mental health 
                needs.

SEC. 3. PROCEDURES FOR ENSURING ACCURACY AND VERIFIABILITY OF SWORN 
              STATEMENTS TAKEN PURSUANT TO EXPEDITED REMOVAL AUTHORITY.

    (a) In General.--The Secretary shall establish quality assurance 
procedures to ensure the accuracy and verifiability of signed or sworn 
statements taken by employees of the Department exercising expedited 
removal authority under section 235(b) of the Immigration and 
Nationality Act (8 U.S.C. 1225(b)).
    (b) Recording of Interviews.--Any sworn or signed written statement 
taken of an alien as part of the record of a proceeding under section 
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(A)) shall be accompanied by a recording of the interview 
which served as the basis for that sworn statement.
    (c) Recordings.--
            (1) In general.--The recording of the interview shall also 
        include the written statement, in its entirety, being read back 
        to the alien in a language that the alien claims to understand, 
        and the alien affirming the accuracy of the statement or making 
        any corrections thereto.
            (2) Format.--The recording shall be made in video, audio, 
        or other equally reliable format.
    (d) Exemption Authority.--
            (1) Subsections (b) and (c) shall not apply to interviews 
        that occur at facilities exempted by the Secretary pursuant to 
        this subsection.
            (2) The Secretary or the Secretary's designee may exempt 
        any facility based on a determination by the Secretary or the 
        Secretary's designee that compliance with subsections (b) and 
        (c) at that facility would impair operations or impose undue 
        burdens or costs.
            (3) The Secretary or the Secretary's designee shall report 
        annually to Congress on the facilities that have been exempted 
        pursuant to this subsection.
            (4) The exercise of the exemption authority granted by this 
        subsection shall not give rise to a private cause of action.
    (e) Interpreters.--The Secretary shall ensure that a professional 
fluent interpreter is used when the interviewing officer does not speak 
a language understood by the alien and there is no other Federal, 
State, or local government employee available who is able to interpret 
effectively, accurately, and impartially.
    (f) Recordings in Immigration Proceedings.--Recordings of 
interviews of aliens described in subsection (b) shall be included in 
the record of a proceeding and may be considered as evidence in any 
further proceedings involving the alien.

SEC. 4. PROCEDURES GOVERNING DETENTION DECISIONS.

    Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) 
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) in the first sentence by striking 
                        ``Attorney General'' and inserting ``Secretary 
                        of Homeland Security'';
                            (ii) by striking ``(c)'' and inserting 
                        ``(d)''; and
                            (iii) in the second sentence, by inserting 
                        ``or the Secretary'' after ``Attorney 
                        General'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``or the 
                                Secretary'' after ``Attorney General''; 
                                and
                                    (II) by striking ``or'' at the end;
                            (ii) in subparagraph (B), by striking 
                        ``but'' at the end; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) the alien's own recognizance; or
                    ``(D) a secure alternatives program as provided for 
                in this section; but'';
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (d), (e), (f), and (h), respectively;
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Custody Decisions.--
            ``(1) In general.--In the case of a decision under 
        subsection (a) or (d), the following shall apply:
                    ``(A) The decision shall be made in writing and 
                shall be served upon the alien. A decision to continue 
                detention without bond or parole shall specify in 
                writing the reasons for that decision.
                    ``(B) The decision shall be served upon the alien 
                within 48 hours of the alien's detention or, in the 
                case of an alien subject to section 235 or 241(a)(5) 
                who must establish a credible fear of persecution or a 
                reasonable fear of persecution or torture in order to 
                proceed in immigration court, within 48 hours of a 
                positive credible fear of persecution or reasonable 
                fear of persecution or torture determination.
            ``(2) Criteria to be considered.--The criteria to be 
        considered by the Attorney General and the Secretary in making 
        a custody decision shall include--
                    ``(A) whether the alien poses a risk to public 
                safety or national security;
                    ``(B) whether the alien is likely to appear for 
                immigration proceedings; and
                    ``(C) any humanitarian reasons that may warrant the 
                alien's release.
            ``(3) Custody redetermination.--An alien subject to this 
        section may at any time after being served with the Secretary's 
        decision under subsection (a) or (d) request a redetermination 
        of that decision by an immigration judge. All decisions by the 
        Secretary to detain an alien without bond or parole shall be 
        subject to redetermination by an immigration judge within 2 
        weeks from the time the alien was served with the decision, 
        except that the alien may waive the requirement that the 
        redetermination occur within 2 weeks. The alien may request 
        another redetermination upon a showing of a material change in 
        circumstances since the last redetermination hearing. The 
        Secretary shall advise the alien at the time the alien is 
        served with the Secretary's decision under subsection (a) or 
        (d) of the opportunity for requesting a redetermination under 
        this paragraph.
    ``(c) Exception for Mandatory Custody and Mandatory Detention.--
Subsections (b)(2) and (b)(3) shall not apply to any alien who is 
subject to mandatory detention under sections 235(b)(1)(B)(iii)(IV) or 
241(a)(2) or to mandatory custody under sections 236(e) or 236A.'';
            (4) in subsection (d), as redesignated--
                    (A) by striking ``Attorney General at any time 
                may'' and inserting ``Secretary may at any time, based 
                on changed circumstances,''; and
                    (B) by striking ``or parole'' and inserting ``, 
                parole, or decision to release an alien;'';
            (5) in subsection (e), as redesignated--
                    (A) in paragraph (1), by striking ``Attorney 
                General'' and inserting ``Secretary''; and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Release.--
                    ``(A) In general.--The Secretary may release an 
                alien described in paragraph (1) only if--
                            ``(i) the alien satisfies the Secretary 
                        that the alien will not pose a danger to the 
                        safety of persons or property and is likely to 
                        appear for any scheduled proceeding; and
                            ``(ii)(I) the Secretary decides pursuant to 
                        section 3521 of title 18, United States Code, 
                        that release of the alien from custody is 
                        necessary to provide protection to a witness, a 
                        potential witness, a person cooperating with an 
                        investigation into major criminal activity, or 
                        an immediate family member or close associate 
                        of a witness, potential witness, or person 
                        cooperating with such an investigation; or
                            ``(II) the Secretary decides that the 
                        release is necessary for humanitarian reasons.
                    ``(B) Procedure.--A decision relating to such 
                release shall take place in accordance with a procedure 
                that considers the severity of the offense committed by 
                the alien.'';
            (6) in subsection (f), as redesignated--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Attorney General'' and 
                        inserting ``Secretary''; and
                            (ii) in subparagraphs (A) and (B), by 
                        striking ``Service'' and inserting ``Department 
                        of Homeland Security''; and
                    (B) in paragraph (3), by striking ``Service'' and 
                inserting ``Secretary of Homeland Security'';
            (7) by inserting after subsection (f), as redesignated, the 
        following new subsection:
    ``(g) Administrative Review.--
            ``(1) In general.--If an immigration judge's custody 
        decision has been stayed by the action of an officer or 
        employee of the Department of Homeland Security pending an 
        appeal of that decision, the stay shall expire in 30 days, 
        unless the Board of Immigration Appeals before the expiration 
        of the 30 days, and upon motion, enters an order continuing the 
        stay.
            ``(2) Effect of continuing stay.--If the Board of 
        Immigration Appeals enters an order continuing the stay 
        described in paragraph (1), the Board of Immigration Appeals 
        shall adjudicate the bond appeal not later than 90 days after 
        the date the custody decision was first stayed, and the stay 
        shall expire if the Board has not acted before the expiration 
        of the 90 days.''; and
            (8) in subsection (h), as redesignated--
                    (A) by striking ``Attorney General's'' and 
                inserting ``Secretary of Homeland Security's''; and
                    (B) by striking ``Attorney General'' and inserting 
                ``Secretary''.

SEC. 5. LEGAL ORIENTATION PROGRAM.

    (a) In General.--The Attorney General, in consultation with the 
Secretary, shall ensure that all detained aliens in immigration and 
asylum proceedings receive legal orientation through the Legal 
Orientation Program administered and implemented by the Executive 
Office for Immigration Review of the Department of Justice.
    (b) Expansion of Legal Assistance.--The Secretary shall ensure the 
expansion through the United States Citizenship and Immigration 
Services of public-private partnerships that facilitate pro bono 
counseling and legal assistance for asylum seekers awaiting a credible 
fear of persecution interview, as a continuation of existing programs, 
such as the pilot program developed in Arlington, Virginia, by the 
United States Citizenship and Immigration Services.

SEC. 6. CONDITIONS OF DETENTION.

    (a) In General.--The Secretary shall ensure that all detention 
facilities comply with the following minimum requirements:
            (1) Fair and humane treatment.--Detainees shall not be 
        subject to degrading or inhumane treatment, such as physical 
        abuse, sexual abuse or harassment, or arbitrary punishment.
            (2) Limitations on solitary confinement.--Detainees shall 
        not be subject to solitary confinement, shackling, or strip 
        searches, except to the extent that such techniques are 
        necessary to ensure the security of other detainees, staff, or 
        the public and only if less coercive measures will not ensure 
        the security of other detainees, staff, and the public. 
        Decisions to place detainees in solitary confinement shall be 
        reviewed regularly.
            (3) Investigation of grievances.--Detainees shall have the 
        right to prompt, effective, and impartial investigations of 
        grievances.
            (4) Access to telephones.--Detainees shall have sufficient 
        access to telephones, and the ability to contact, free of 
        charge, legal representatives, foreign consulates, the 
        immigration courts, the Board of Immigration Appeals, and the 
        Federal courts through confidential toll-free numbers.
            (5) Location of facilities.--Detention facilities shall be 
        located, 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 shall take into 
        account--
                    (A) the detainee's access to legal representatives; 
                and
                    (B) the proximity of the facility to the venue of 
                the asylum or removal proceeding.
            (7) Interpretation and translation capabilities.--Detention 
        facilities shall employ staff that, to the extent practicable, 
        are qualified in the languages represented in the population of 
        detainees at a detention facility, and alternative interpreter 
        and translation services shall be provided when necessary.
            (8) Recreational programs and activities.--Detainees shall 
        be afforded daily access to indoor and outdoor recreational 
        programs and activities.
            (9) Noncriminal detainees.--Procedures and conditions of 
        detention shall be appropriate for detainees with no criminal 
        convictions or history of violent behavior, and those detainees 
        shall not be detained with persons who have been convicted of 
        felonies or criminal offenses involving violence or persons 
        with a history of violent behavior.
            (10) Vulnerable populations.--Procedures and conditions of 
        detention shall accommodate the unique needs of asylum seekers, 
        victims of torture and trafficking, families with children, 
        detainees who do not speak English, detainees with special 
        religious, cultural, or spiritual considerations, and other 
        vulnerable populations.
    (b) Rulemaking.--
            (1) In general.--The Secretary shall prescribe regulations, 
        using the procedures for negotiated rulemakings under 
        subchapter III of chapter 5 of title 5, United States Code, to 
        establish standards to ensure detainees are treated humanely 
        and to ensure compliance with the minimum requirements set 
        forth in subsection (a).
            (2) Representation on negotiated rulemaking committee.--Any 
        negotiated rulemaking committee established by the Secretary 
        pursuant to paragraph (1) shall include representatives and 
        experts from--
                    (A) relevant agencies of the Department;
                    (B) the Office of Refugee Resettlement at the 
                Department of Health and Human Services;
                    (C) representatives of State and local governments 
                that have entered into intergovernmental service 
                agreements with the Department to detain aliens;
                    (D) the United States Commission on International 
                Religious Freedom;
                    (E) nongovernmental organizations with expertise 
                working on behalf of aliens in detention facilities, 
                including organizations that emphasize protections for 
                vulnerable populations;
                    (F) nongovernmental organizations with expertise 
                advocating for asylum seekers;
                    (G) organizations that represent employees who work 
                at detention facilities;
                    (H) accrediting bodies for medical care in settings 
                comparable to detention facilities, such as the 
                National Commission on Correctional Health Care, or 
                other experts in the field of providing quality medical 
                care in such settings; and
                    (I) other interested parties.
            (3) Time requirement.--The procedures for the negotiated 
        rulemaking referred to in paragraph (1) shall be conducted in a 
        timely manner to ensure that--
                    (A) any recommendations with respect to proposed 
                regulations are provided to the Secretary not later 
                than 6 months after the date of enactment of this Act; 
                and
                    (B) a final rule is promulgated not later than 1 
                year after the date of enactment of this Act.
    (c) Enforcing Regulations and Standards.--
            (1) In general.--The Secretary shall ensure that all 
        detention facilities comply with the requirements and 
        regulations promulgated pursuant to this Act, and any other 
        applicable requirements.
            (2) Contracts for administration of facilities.--The 
        Secretary shall ensure that any contract that the Department 
        enters into for the administration of a detention facility 
        includes provisions that--
                    (A) require the contractor to comply with the 
                requirements and regulations promulgated pursuant to 
                this Act, and any other applicable requirements; and
                    (B) permit the Secretary to impose fines or 
                penalties for noncompliance with those requirements and 
                regulations.
            (3) Intergovernmental service agreement facilities.--The 
        Secretary shall ensure that any intergovernmental service 
        agreement that the Department enters into with a State or local 
        government to detain an alien includes provisions that--
                    (A) require the State or local government to comply 
                with the requirements and regulations promulgated 
                pursuant to this Act, and any other applicable 
                requirements; and
                    (B) permit the Secretary to impose fines or 
                penalties for noncompliance with those requirements or 
                regulations.
            (4) Bureau of prisons facilities.--The Attorney General, in 
        coordination with the Secretary, shall ensure that aliens that 
        are detained pursuant to an agreement between the Department 
        and the Department of Justice in facilities operated by the 
        Bureau of Prisons pending proceedings or awaiting deportation 
        under provisions of the Immigration and Nationality Act, are 
        detained in compliance with the requirements of, and 
        regulations promulgated pursuant to, this Act, and any other 
        applicable requirements.
    (d) Quality of Medical Care.--
            (1) In general.--The Secretary 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 services with respect to medical dietary needs.
            (2) Procedures.--The Secretary shall ensure that procedures 
        for providing medical care to detainees include comprehensive 
        intake screening, effective continuity of care, prompt 
        responses to requests for medical care or treatment, and 
        accurate and timely distribution of prescribed medication.
            (3) Medical facilities.--The Secretary shall ensure that 
        medical facilities in all detention facilities maintain current 
        accreditation by the National Commission on Correctional Health 
        Care.
            (4) Medical records.--The Secretary shall ensure that 
        complete medical records are maintained for every detainee and 
        that the records are made available upon request to the 
        detainee, the detainee's legal representative, or other 
        authorized individuals.
    (e) Training of Personnel.--
            (1) In general.--The Secretary shall ensure that personnel 
        in detention facilities are given specialized training to 
        better understand and work with the population of detainees 
        held at the facilities where such personnel work. The training 
        should address the unique needs of asylum seekers, victims of 
        torture or other trauma, and other vulnerable populations.
            (2) Specialized training.--The training required by this 
        subsection shall be designed to better enable personnel to work 
        with detainees from different countries and detainees who 
        cannot speak English. The training shall emphasize that many 
        detainees have no criminal records and are being held for civil 
        violations.

SEC. 7. OFFICE OF DETENTION OVERSIGHT.

    (a) Establishment of the Office.--
            (1) In general.--There is established within the Department 
        an Office of Detention Oversight (in this section referred to 
        as the ``Office'').
            (2) Head of the office.--The head of the Office shall be an 
        Administrator who shall be appointed by, and shall report to, 
        the Secretary.
            (3) Schedule.--The Office shall be established and the 
        Administrator of the Office appointed not later than 180 days 
        after the date of the enactment of this Act.
    (b) Responsibilities of the Office.--
            (1) Inspections of detention centers.--The Administrator of 
        the Office shall--
                    (A) undertake frequent and unannounced inspections 
                of all detention facilities;
                    (B) develop a procedure for any detainee or the 
                detainee's representative to file a written complaint 
                directly with the Office; and
                    (C) report to the Secretary and to the Assistant 
                Secretary of Homeland Security for U.S. Immigration and 
                Customs Enforcement all findings regarding a detention 
                facility's noncompliance with detention standards and 
                any applicable laws.
            (2) Investigations.--The Administrator of the Office 
        shall--
                    (A) initiate investigations, as appropriate, into 
                allegations of systemic problems at detention 
                facilities, incidents that constitute violations of 
                detention standards or applicable laws, or other 
                matters related to mistreatment of detainees;
                    (B) report to the Secretary and the Assistant 
                Secretary of Homeland Security for U.S. Immigration and 
                Customs Enforcement the results of all investigations; 
                and
                    (C) refer matters, where appropriate, for further 
                action to--
                            (i) the Department of Justice;
                            (ii) the Office of the Inspector General of 
                        the Department;
                            (iii) the Office of Civil Rights and Civil 
                        Liberties of the Department; or
                            (iv) any other relevant office or agency.
            (3) Report to congress.--
                    (A) In general.--The Administrator of the Office 
                shall submit to the Secretary, 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 an annual report on the 
                Administrator's findings on detention conditions and 
                the results of the investigations carried out by the 
                Administrator.
                    (B) Contents of report.--Each report required by 
                subparagraph (A) shall include--
                            (i) a description of the actions to remedy 
                        findings of noncompliance or other problems 
                        that are taken by the Secretary or the 
                        Assistant Secretary of Homeland Security for 
                        U.S. Immigration and Customs Enforcement, and 
                        each detention facility found to be in 
                        noncompliance; and
                            (ii) information regarding whether such 
                        actions were successful and resulted in 
                        compliance with detention standards.
            (4) Review of complaints by detainees.--The Administrator 
        of the Office shall establish procedures to receive and review 
        complaints of violations of the detention standards promulgated 
        by the Secretary. The procedures shall protect the anonymity of 
        the claimant, including detainees, employees, or others, from 
        retaliation.
    (c) Cooperation With Other Offices and Agencies.--Whenever 
appropriate, the Administrator of the Office shall cooperate and 
coordinate its activities with--
            (1) the Office of the Inspector General of the Department;
            (2) the Office of Civil Rights and Civil Liberties of the 
        Department;
            (3) the Privacy Officer of the Department;
            (4) the Civil Rights Division of the Department of Justice; 
        or
            (5) any other relevant office or agency.
    (d) Deaths of Detainees.--The Secretary shall ensure that--
            (1) all deaths of detainees and other aliens in the 
        Department's custody, or other deaths related to operations or 
        actions of employees of U.S. Immigration and Customs 
        Enforcement or U.S. Customs and Border Protection, are reported 
        on a timely basis to--
                    (A) the Office of Detention Oversight, if the death 
                occurred in a detention facility;
                    (B) the Office of the Inspector General of the 
                Department;
                    (C) the legal representative of the deceased alien, 
                if the Department is on notice that a representative 
                has been retained on the alien's behalf;
                    (D) the immediate family of the deceased alien, if 
                the Department has contact information for an immediate 
                family member;
                    (E) relevant State and local government officials, 
                including the coroner and the local law enforcement 
                agency with jurisdiction in the location where the 
                death occurred;
                    (F) the Committee on the Judiciary and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    (G) the Committee on the Judiciary and the 
                Committee on Homeland Security of the House of 
                Representatives;
            (2) a thorough investigation is conducted into each death 
        by--
                    (A) the Office of Detention Oversight;
                    (B) the Office of the Inspector General of the 
                Department; or
                    (C) another appropriate office with investigative 
                authority in the Department or other Federal agency; 
                and
            (3) a report describing the results of the investigation 
        into each death is provided to--
                    (A) the Secretary;
                    (B) the Committee on the Judiciary and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    (C) the Committee on the Judiciary and the 
                Committee on Homeland Security of the House of 
                Representatives.

SEC. 8. SECURE ALTERNATIVES PROGRAM.

    (a) Establishment of Program.--The Secretary shall establish a 
secure alternatives program under which an alien who has been detained 
may be released under enhanced supervision to prevent the alien from 
absconding and to ensure that the alien makes appearances related to 
such detention.
    (b) Program Requirements.--
            (1) Nationwide implementation.--The Secretary shall 
        facilitate the development of the secure alternatives program 
        on a nationwide basis.
            (2) Utilization of alternatives.--The secure alternatives 
        program shall utilize a continuum of alternatives based on the 
        alien's need for supervision, which may include placement of 
        the alien with an individual or organizational sponsor, or in a 
        supervised group home.
            (3) Elements of program.--The elements of a secure 
        alternatives program shall include--
                    (A) individualized case management by an assigned 
                case supervisor; and
                    (B) referral to community-based providers of legal 
                and social services.
            (4) Restrictive electronic monitoring.--Restrictive 
        electronic monitoring devices, such as ankle bracelets, may be 
        used only when there is a demonstrated need for such enhanced 
        monitoring, and any decision to require such a device shall be 
        reviewed periodically.
            (5) Aliens eligible for secure alternatives program.--
                    (A) In general.--Aliens who would otherwise be 
                subject to detention based on a consideration of the 
                release criteria in section 236(b)(2) of the 
                Immigration and Nationality Act, as amended by section 
                4, or who are released pursuant to section 236(e)(2) of 
                such Act, as so amended, shall be considered for the 
                secure alternatives program.
                    (B) Design of programs.--Secure alternatives 
                programs shall be designed to ensure sufficient 
                supervision of the population described in subparagraph 
                (A).
            (6) Contracts.--The Secretary shall enter into contracts 
        with qualified nongovernmental entities to implement the secure 
        alternatives program.
            (7) Other considerations.--In designing such program, the 
        Secretary shall--
                    (A) consult with relevant experts; and
                    (B) consider programs that have proven successful 
                in the past, including the Appearance Assistance 
                Program developed by the Vera Institute and the 
                Intensive Supervision Appearance Program.

SEC. 9. LESS RESTRICTIVE DETENTION FACILITIES.

    (a) Construction.--The Secretary shall facilitate the construction 
or use of secure but less restrictive detention facilities.
    (b) Criteria.--In implementing the requirements of paragraph (1), 
the Secretary shall--
            (1) consider the design, operation, and conditions of 
        existing secure but less restrictive detention facilities;
            (2) construct or use detention facilities where--
                    (A) movement within and between indoor and outdoor 
                areas of the facility is subject to minimal 
                restrictions;
                    (B) detainees have ready access to social, 
                psychological, and medical services;
                    (C) detainees with special needs, including those 
                who have experienced trauma or torture, have ready 
                access to services and treatment addressing their 
                needs;
                    (D) detainees are not placed in handcuffs, 
                shackles, or solitary confinement within the facility;
                    (E) facility staff are specially trained to address 
                the needs of vulnerable populations;
                    (F) detainees have ready access to programs and 
                recreation, including a full range of varied daily 
                activities and classes; and
                    (G) detainees are permitted contact visits with 
                legal representatives and family members.
    (c) Placement in Less Restrictive Facilities.--In deciding whether 
to place a detainee in a secure but less restrictive detention 
facility, the Secretary shall consider whether the detainee is--
            (1) a member of a vulnerable population; or
            (2) a nonviolent, noncriminal detainee.
    (d) Facilities for Families With Children.--The following 
requirements shall apply with respect to families with children:
            (1) Families with minor children shall not be held in 
        detention facilities except when justified by exceptional 
        circumstances, when required by law, or when necessary to 
        expedite prompt removal pursuant to section 235(b)(1)(B)(iii).
            (2) In cases where release or a secure alternatives program 
        is not an option, the Secretary shall ensure that--
                    (A) special detention facilities are designed to 
                house parents with their minor children, taking into 
                account the particular needs and vulnerabilities of 
                minor children;
                    (B) procedures and conditions of detention are 
                appropriate for families with minor children;
                    (C) entities with demonstrated experience and 
                expertise in child welfare participate in the 
                management of facilities housing families with their 
                minor children; and
                    (D) individualized reviews of each family's well 
                being and the need for continued detention are 
                conducted monthly.
    (e) Discretionary Waiver Authority for Families With Children.--
Section 235(b)(1)(B)(iii) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(B)(iii)) is amended--
            (1) in subclause (IV), by striking ``Any alien'' and 
        inserting ``Except as provided in subclause (V), any alien''; 
        and
            (2) by adding at the end the following:
                                    ``(V) Discretionary waiver 
                                authority for families with children.--
                                The Secretary of Homeland Security may 
                                decide for humanitarian reasons not to 
                                detain families with minor children who 
                                are otherwise subject to mandatory 
                                detention under subclause (IV).''.
    (f) Regulations.--The Secretary shall prescribe such regulations as 
are necessary to implement this section.

SEC. 10. STUDY ON THE EFFECT OF EXPEDITED REMOVAL PROVISIONS, 
              PRACTICES, AND PROCEDURES ON ASYLUM CLAIMS.

    (a) Study.--
            (1) In general.--The United States Commission on 
        International Religious Freedom (in this section referred to as 
        the ``Commission'') is authorized to conduct a study to 
        determine whether immigration officers described in paragraph 
        (2) are engaging in conduct described in paragraph (3).
            (2) Immigration officers described.--An immigration officer 
        described in this paragraph is an immigration officer 
        performing duties under section 235(b) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)) with respect to aliens who 
        are apprehended after entering the United States and who may be 
        eligible to apply for asylum under such section or section 208 
        of such Act (8 U.S.C. 1158).
            (3) Conduct described.--Conduct described in this paragraph 
        is the following:
                    (A) Improperly encouraging an alien referred to in 
                paragraph (2) to withdraw or retract claims for asylum.
                    (B) Incorrectly failing to refer such an alien for 
                an interview by an asylum officer for a determination 
                of whether the alien has a credible fear of persecution 
                (within the meaning of section 235(b)(1)(B)(v) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1225(b)(1)(B)(v))).
                    (C) Incorrectly removing such an alien to a country 
                where the alien may be persecuted.
                    (D) Detaining such an alien improperly or in 
                inappropriate conditions.
    (b) Report.--Not later than 24 months after the date on which the 
Commission initiates the study conducted under subsection (a), the 
Commission shall submit a report containing the results of the study 
to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs, the Committee on the Judiciary, and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Homeland Security, the Committee on 
        the Judiciary, and the Committee on Foreign Affairs of the 
        House of Representatives.
    (c) Staff.--
            (1) From other agencies.--At the request of the Commission, 
        the Secretary, the Attorney General, and the Comptroller 
        General of the United States shall authorize staff designated 
        by the Commission who are recognized for their expertise and 
        knowledge of refugee and asylum issues to assist the Commission 
        in conducting the study under subsection (a).
            (2) Hiring of staff.--The Commission may hire additional 
        staff and consultants to conduct the study under subsection 
        (a).
            (3) Access to proceedings.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary and the Attorney General shall 
                permit staff designated under paragraph (1) or hired 
                under paragraph (2) to have unrestricted access to all 
                stages of all proceedings conducted under section 
                235(b) of the Immigration and Nationality Act (8 U.S.C. 
                1225(b)).
                    (B) Exceptions.--The Secretary and the Attorney 
                General shall not permit unrestricted access pursuant 
                to subparagraph (A) in any case in which--
                            (i) an alien that is subject to a 
                        proceeding conducted under section 235(b) of 
                        the Immigration and Nationality Act objects to 
                        such access; or
                            (ii) the Secretary or Attorney General 
                        determines that the security of a particular 
                        proceeding would be threatened by such access.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this Act.
    (b) Effective Date.--Except as specifically provided in sections 6 
and 7, this Act and the amendments made by this Act shall take effect 
on the date that is 180 days after the date of the enactment of this 
Act.
                                 <all>
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