I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; DEFINITION; TABLE OF CON4 TENTS. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Border Enforcement, Security, and Technology Act of 

7 2013’’ and ‘‘BEST Act of 2013’’. 

8 (b) DEFINITION.—In this Act, the term ‘‘appropriate 

9 congressional committees’’ means the Committee on 


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1 Homeland Security of the House of Representatives and 

2 the Committee on Homeland Security and Governmental 

3 Affairs of the Senate. 

4 (c) TABLE OF CONTENTS.—The table of contents for 

5 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. 


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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. 

1 TITLE I—COMPREHENSIVE 

2 BORDER SECURITY STRATEGY 

3 SEC. 101. TECHNOLOGY PLAN. 

4 (a) REQUIREMENT FOR PLAN.—The Secretary of 

5 Homeland Security shall develop a comprehensive plan for 

6 the technology for the security of the international borders 

7 of the United States. 

8 (b) CONTENTS.—The plan required under subsection 

9 (a) shall include the following: 

10 (1) A description of existing technologies em11 ployed along the international borders of the United 

12 States. 

13 (2) Requirements relating to the compatibility 

14 of new technologies with technologies in use by the 

15 Secretary of Homeland Security on the date of the 

16 enactment of this Act. 

17 (3) A description of how the Commissioner of 

18 United States Customs and Border Protection and 

19 the Commandant of the Coast Guard are working, 

20 or are expected to work, with the Under Secretary 

21 for Science and Technology of the Department of 


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1 Homeland Security to identify and test new tech2 nology. 

3 (4) A description of the specific technology to 

4 be deployed along the international borders of the 

5 United States. 

6 (5) Identification of any obstacles that may im7 pede the deployment described in paragraph (4). 

8 (6) A description on how the Commissioner of 

9 United States Customs and Border Protection shall 

10 consult with border communities in the development 

11 of technology. 

12 (7) A description of how existing and proposed 

13 technologies and infrastructure used for land and 

14 maritime security will impact the environmental, so15 cial, economic, and cultural conditions of sur16 rounding communities. 

17 (8) A detailed estimate of all costs associated 

18 with the deployment of new technology and infra19 structure and with continued maintenance of such 

20 technologies and infrastructure. 

21 (9) A detailed estimate of personnel needed to 

22 operate and maintain the technologies and infra23 structure described in paragraph (8). 

24 (10) A description of how the Secretary of 

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1 trator of the Federal Aviation Administration on 

2 safety and airspace control issues associated with 

3 the use of unmanned aerial vehicles. 

4 (11) A description of technologies developed or 

5 utilized by the Department of Defense, including any 

6 such technologies determined to be excess by the 

7 Secretary of Defense. 

8 (c) SUBMISSION TO CONGRESS.—Not later than three 

9 months after the date of the enactment of this Act, the 

10 Secretary shall submit to the appropriate congressional 

11 committees the plan required under subsection (a). 

12 SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY. 

13 (a) REQUIREMENT FOR STRATEGY.—The Secretary 

14 of Homeland Security, in consultation with the heads of 

15 other appropriate Federal departments and agencies, shall 

16 develop a National Strategy for Border Security that de17 scribes actions to be carried out to achieve operational 

18 control over— 

19 (1) all ports of entry into the United States; 

20 and 

21 (2) the international borders of the United 

22 States. 

23 (b) CONTENTS.—The National Strategy for Border 

24 Security required under subsection (a) shall include the 

25 following: 


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1 (1) The implementation schedule for the com2 prehensive technology plan for the security of the 

3 international borders required under section 101. 

4 (2) An assessment of the threat posed by ter5 rorists and terrorist groups that may try to infiltrate 

6 the United States at locations along the inter7 national borders. 

8 (3) A risk assessment for all United States 

9 ports of entry and all portions of the international 

10 borders of the United States, including a description 

11 of activities being undertaken to— 

12 (A) prevent the entry into the United 

13 States of terrorists, instruments of terrorism, 

14 human traffickers, criminal aliens, perpetrators 

15 of criminal violence, unlawful aliens, narcotics, 

16 and other contraband; and 

17 (B) protect critical infrastructure at or 

18 near such ports of entry or borders. 

19 (4) A description of the legal requirements that 

20 prevent achieving and maintaining operational con21 trol over the international borders of the United 

22 States. 

23 (5) A description of the most appropriate, prac24 tical, and cost-effective means of protecting the 

25 international borders of the United States against 


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1 threats to security and illegal transit, including in2 telligence capacities, technology, equipment, per3 sonnel, and training needed to address border secu4 rity vulnerabilities. 

5 (6) A description of staffing needs for all bor6 der security functions, taking into account threat 

7 and vulnerability information pertaining to the inter8 national borders of the United States and the im9 pact of new security programs, policies, and tech10 nologies. 

11 (7) A description of the border security roles 

12 and missions of Federal, State, regional, local, and 

13 tribal authorities, and recommendations regarding 

14 actions the Secretary of Homeland Security can 

15 carry out to improve coordination with such authori16 ties to enable border security and enforcement ac17 tivities to be carried out in a more efficient and ef18 fective manner. 

19 (8) A description of existing efforts and tech20 nologies used for border security and the effect of 

21 the use of such efforts and technologies on civil 

22 rights, private property rights, privacy rights, and 

23 civil liberties. 


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1 (9) An assessment of effects and reporting on 

2 deaths and injuries resulting from unlawful border 

3 crossings. 

4 (10) A prioritized list of research and develop5 ment objectives to enhance the security of the inter6 national borders of the United States. 

7 (11) An assessment on how crossing times at 

8 port of entry border crossings impact legitimate bor9 der activity. 

10 (12) A description of the performance metrics 

11 to be used to ensure accountability by the compo12 nents of the Department of Homeland Security in 

13 implementing such Strategy. 

14 (13) A schedule for the implementation of the 

15 security measures described in such Strategy, includ16 ing a prioritization of security measures, realistic 

17 deadlines for addressing security and enforcement 

18 needs, an estimate of the resources required to carry 

19 out such measures, and a description of how such 

20 resources should be allocated. 

21 (c) CONSULTATION.—In developing the National 

22 Strategy for Border Security required under subsection 

23 (a), the Secretary of Homeland Security shall consult with 

24 representatives of— 


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1 (1) State, local, territorial, and tribal authori2 ties with responsibility for locations along the inter3 national borders of the United States; and 

4 (2) appropriate private sector entities, labor or5 ganizations, nongovernmental organizations, and af6 fected communities that have expertise in subject 

7 matter areas related to border policy. 

8 (d) COORDINATION.—The National Strategy for Bor9 der Security required under subsection (a) shall be con10 sistent with the National Strategy for Maritime Security 

11 developed pursuant to Homeland Security Presidential Di12 rective 13, dated December 21, 2004. 

13 (e) SUBMISSION TO CONGRESS.— 

14 (1) STRATEGY.—Not later than one year after 

15 the date of the enactment of this Act, the Secretary 

16 of Homeland Security shall submit to the appro17 priate congressional committees the National Strat18 egy for Border Security required under subsection 

19 (a). 

20 (2) UPDATES.—The Secretary of Homeland Se21 curity shall submit to the appropriate congressional 

22 committees any update of such Strategy that the 

23 Secretary determines is necessary, not later than 30 

24 days after any such update is developed. 


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1 SEC. 103. ROLES AND RESPONSIBILITY. 

2 (a) IN GENERAL.—Nothing in section 102 or 103 

3 may be construed to relieve the Secretary of Homeland 

4 Security of the responsibility to take all actions necessary 

5 and appropriate to achieve and maintain operational con6 trol over the international borders of the United States. 

7 (b) OPERATIONAL CONTROL DEFINED.—In this title, 

8 the term ‘‘operational control’’ means the ability to detect, 

9 respond, and interdict border penetrations in areas deter10 mined to be a high priority for threat potential or other 

11 national security objectives. Such ability may be limited 

12 to specific smuggling corridors or other geographically de13 fined locations as designated by the Secretary of Home14 land Security. 

15 TITLE II—BORDER SECURITY 

16 PERSONNEL AND RESOURCES 

17 SEC. 201. MAINTENANCE OF ADEQUATE RATIO OF SUPER18 VISORY AND MANAGERIAL AGENTS TO NEW 

19 AGENTS. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), the Secretary of Homeland Security shall maintain 

22 a ratio of five new Border Patrol agents to every one su23 pervisor. 

24 (b) EXCEPTION.—Subsection (a) shall not apply in 

25 the case of a work unit with an average length of service 

26 of four or more years. 


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1 (c) NEW BORDER PATROL AGENT DEFINED.—In 

2 this section, the term ‘‘new Border Patrol agent’’ means 

3 a Border Patrol agent who has fewer than two years of 

4 experience. 

5 SEC. 202. STRENGTHENING BORDER PATROL RECRUIT6 MENT AND RETENTION. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity shall, in accordance with existing Federal statutes ap9 plicable to pay, recruitment, and retention of Federal law 

10 enforcement officers, address the recruitment and reten11 tion challenges faced by the Border Patrol, including the 

12 following: 

13 (1) The establishment of a recruitment incen14 tive for Border Patrol agents, including the estab15 lishment of a foreign language incentive award. 

16 (2) The establishment of a retention plan, in17 cluding the payment of bonuses to Border Patrol 

18 agents for every year of service after the first two 

19 years of service. 

20 (3) An increase in the pay percentage differen21 tials to Border Patrol agents in certain high-cost 

22 areas, as determined by the Secretary of Homeland 

23 Security, in accordance with other Federal, State, 

24 and local law enforcement agencies. 


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1 (4) The basic rate of pay for Border Patrol 

2 agents shall increase from the annual rate of basic 

3 pay for positions at GS–12 of the General Schedule 

4 to the annual rate of basic pay for positions at GS– 

5 13 of such Schedule. 

6 (5) The establishment of quarterly goals for the 

7 recruitment of new Border Patrol agents, including 

8 goals for the number of such recruits entering Bor9 der Patrol training, and the number of such recruits 

10 who successfully complete such training and become 

11 Border Patrol agents. 

12 (b) APPLICABILITY OF RECRUITMENT INCENTIVE TO

13 CURRENT BORDER PATROL AGENTS.—Any recruitment 

14 incentive described in subsection (a)(1) shall be applicable 

15 for Border Patrol agents currently employed by the De16 partment of Homeland Security who may qualify for such 

17 incentive. 

18 (c) SUPERVISOR TRAINING CAPACITY.—The Sec19 retary of Homeland Security shall expand the training ca20 pacity at the Federal Law Enforcement Training Center 

21 (FLETC) in Artesia, New Mexico, to the extent necessary 

22 to train and maintain the ratio specified in section 201. 

23 (d) REPORTING REQUIREMENTS RELATING TO RE24 CRUITMENT AND RETENTION PROGRESS.—Not later than 

25 90 days after the date of the enactment of this Act and 


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1 every 90 days thereafter, the Secretary of Homeland Secu2 rity shall submit to the appropriate congressional commit3 tees a report on the resources expended for Border Patrol 

4 recruitment and retention efforts by the Department of 

5 Homeland Security and whether the Department is meet6 ing its recruitment and retention goals for Border Patrol 

7 agents under this section. 

8 SEC. 203. AUTHORIZATION OF ADDITIONAL U.S. CUSTOMS 

9 AND BORDER PROTECTION OFFICERS. 

10 Not later than September 30, 2014, the Secretary of 

11 Homeland Security is authorized to increase the number 

12 of U.S. Customs and Border Protection officers by 1,600 

13 over the number of such officers in existence as of the 

14 date of the enactment of this Act. 

15 SEC. 204. STRENGTHENING U.S. CUSTOMS AND BORDER 

16 PROTECTION OFFICER RECRUITMENT AND 

17 RETENTION. 

18 (a) REQUIRED PLAN.—The Secretary of Homeland 

19 Security shall establish a plan, in accordance with existing 

20 Federal statutes applicable to pay, recruitment, and reten21 tion of Federal law enforcement officers, to address the 

22 recruitment and retention challenges faced by U.S. Cus23 toms and Border Protection. Such plan shall include the 

24 following components: 


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1 (1) The establishment of a retention plan, in2 cluding the payment of bonuses to U.S. Customs 

3 and Border Protection officers for every year of 

4 service after the first two years of service. 

5 (2) An increase in the pay percentage differen6 tials to U.S. Customs and Border Protection officers 

7 in certain high-cost areas, as determined by the Sec8 retary of Homeland Security, in accordance with 

9 other Federal, State, and local law enforcement 

10 agencies. 

11 (3) An increase in the annual rate of basic pay 

12 for U.S. Customs and Border Protection Officers at 

13 GS–12 of the General Schedule to the annual rate 

14 of basic pay for positions at GS–13 of such Sched15 ule. 

16 (4) The establishment of quarterly goals for the 

17 recruitment of new U.S. Customs and Border Pro18 tection officers, including goals for the number of 

19 such recruits entering U.S. Customs and Border 

20 Protection officer training, and the number of such 

21 recruits who successfully complete such training and 

22 become U.S. Customs and Border Protection offi23 cers. 

24 (b) REPORTING REQUIREMENTS RELATING TO RE25 CRUITMENT AND RETENTION PROGRESS.—Not later than 


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1 90 days after the date of the enactment of this Act and 

2 every 90 days thereafter, the Secretary of Homeland Secu3 rity shall submit to the appropriate congressional commit4 tees a report on the resources expended for U.S. Customs 

5 and Border Protection officer recruitment and retention 

6 efforts by the Department of Homeland Security and 

7 whether the Department is meeting its recruitment and 

8 retention goals for U.S. Customs and Border Protection 

9 officers under this section. 

10 SEC. 205. ENHANCED CUSTOMER SERVICE STANDARDS AND 

11 PROFESSIONALISM TRAINING. 

12 (a) PLANS REQUIRED.—The Secretary of Homeland 

13 Security shall implement a comprehensive plan, based on 

14 publicly communicated metrics, for U.S. Customs and 

15 Border Protection to improve professionalism and cus16 tomer service. 

17 (b) PLAN COMPONENTS.—The plan required under 

18 subsection (a) shall include each of the following: 

19 (1) Information on the metrics U.S. Customs 

20 and Border Protection will use to measure customer 

21 service. 

22 (2) Information on the metrics U.S. Customs 

23 and Border Protection will use to measure profes24 sionalism. 


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1 (3) The implementation of a system to improve 

2 customer service by soliciting customer comments 

3 combining in person, phone, and online solutions. 

4 (4) The establishment of customer service best 

5 practices based on the customer service metrics re6 ferred to in paragraph (1). 

7 (5) The establishment of professionalism best 

8 practices based on the professionalism metrics re9 ferred to in paragraph (2). 

10 (6) A requirement that U.S. Customs and Bor11 der Protection submit to Congress quarterly reports 

12 on the agency’s performance against the customer 

13 service metrics referred to in paragraph (1), the pro14 fessionalism metrics referred to in paragraph (2), 

15 the best practices referred to in paragraph (4), and 

16 the best practices referred to in paragraph (5). 

17 (c) ANNUAL REPORTS TO CONGRESS.—At least once 

18 each year, the Secretary of Homeland Security shall sub19 mit to the appropriate congressional committees a report 

20 on U.S. Customs and Border Protection. Each such report 

21 shall include— 

22 (1) an assessment of U.S. Customs and Border 

23 Protection’s customer service performance based on 

24 the metrics referred to in subsection (b)(1); 


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1 (2) a detailed description of customer service 

2 improvements sought by customers; 

3 (3) customer service improvements sought by 

4 Department of Homeland Security metrics, and the 

5 costs associated with such improvements; 

6 (4) the security and efficiency benefits derived 

7 from such improvements; 

8 (5) an assessment of U.S. Customs and Border 

9 Protection’s professionalism performance based on 

10 the metrics referred to in subsection (b)(2); 

11 (6) a description of any improvements in U.S. 

12 Customs and Border Protection’s professionalism, 

13 and costs associated with such improvements; and 

14 (7) the security and efficiency benefits derived 

15 from such improvements. 

16 (d) OVERSIGHT.—The Department of Homeland Se17 curity’s Office of Civil Rights and Civil Liberties shall 

18 have oversight of— 

19 (1) the customer service and professionalism ef20 forts of U.S. Customs and Border Protection under 

21 this section to ensure that comments are collected, 

22 analyzed, and responded to in a timely manner; and 

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1 mitted by the public, which shall be made available 

2 to the public through the Department’s Web site. 

3 SEC. 206. U.S. CUSTOMS AND BORDER PROTECTION OFFI4 CER TRAINING. 

5 (a) ENSURING CUSTOMS AND BORDER PROTECTION

6 OFFICER TRAINING.—Not later than 90 days after the 

7 date of the enactment of this Act, the Commissioner of 

8 U.S. Customs and Border Protection shall incorporate 

9 into an existing database of the agency or develop a data10 base system that identifies for each Customs and Border 

11 Protection officer— 

12 (1) the assigned port placement location; 

13 (2) the specific assignment and responsibilities; 

14 (3) the required initial training courses com15 pleted; 

16 (4) the required ongoing training courses avail17 able and completed; 

18 (5) for each training course completed, the 

19 method by which such training course was delivered; 

20 (6) for each training course, the time allocated 

21 during on-duty hours within which training must be 

22 completed; 

23 (7) for each training course offered, the dura24 tion of training and the amount of time an officer 


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1 must be absent from work to complete such training 

2 course; 

3 (8) if training has been postponed, the basis for 

4 postponing such training and the date such training 

5 was completed; 

6 (9) certification or evidence of completion of 

7 each training course; and 

8 (10) certification by a supervising officer that 

9 the officer at issue is able to carry out the function 

10 for which the training was provided. 

11 (b) IDENTIFYING AND ENHANCING ON-THE-JOB

12 TRAINING.—Not later than 90 days after the date of the 

13 enactment of this Act, the Commissioner of U.S. Customs 

14 and Border Protection shall— 

15 (1) review the mission and responsibilities of 

16 Customs and Border Protection officers carried out 

17 at air, land, and sea ports of entry in both primary 

18 and secondary inspections areas; 

19 (2) develop an inventory of specific tasks that 

20 must be performed by Customs and Border Protec21 tion officers throughout the entire inspection process 

22 at such ports of entry, including tasks to be per23 formed in such primary and secondary inspections 

24 areas; 


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1 (3) ensure that on-the-job training includes su2 pervised and evaluated performance of the tasks 

3 identified in paragraph (2), or a supervised and eval4 uated practical training exercise that simulates the 

5 on-the-job experience; and 

6 (4) develop criteria to measure officer pro7 ficiency in performing the tasks identified in para8 graph (2) and for providing feedback to officers on 

9 a regular basis. 

10 (c) USE OF DATA.—The Commissioner of U.S. Cus11 toms and Border Protection shall use the information de12 veloped under subsection (a) and subsection (b)(2) to— 

13 (1) develop specific training requirements for 

14 Customs and Border Protection officers to ensure 

15 that such officers have sufficient training to conduct 

16 primary and secondary inspections at land, air, and 

17 sea ports of entry; 

18 (2) measure progress toward achieving the 

19 training requirements referred to in paragraph (1); 

20 and 

21 (3) make staffing allocation decisions. 

22 (d) COMPETENCY.—Supervisors of on-the-job train23 ing for Customs and Border Protection officers shall— 


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1 (1) attest to the competency of such officers to 

2 carry out the functions for which such officers re3 ceived training; and 

4 (2) provide feedback to such officers on per5 formance. 

6 SEC. 207. U.S. CUSTOMS AND BORDER PROTECTION WAIT 

7 TIMES TRANSPARENCY. 

8 To increase professionalism and transparency, the 

9 Commissioner of U.S. Customs and Border Protection 

10 shall— 

11 (1) publish live wait times at all United States 

12 ports of entry, as determined by calculating the time 

13 elapsed between an individual’s entry into the Cus14 toms and Border Protection inspection area and 

15 such individual’s clearance by a Customs and Border 

16 Protection officer; 

17 (2) make information about such wait time 

18 available to the public in real time through the U.S. 

19 Customs and Border Protection Web site; 

20 (3) submit to the appropriate congressional 

21 committees monthly reports that include compila22 tions of all such wait times and that rank all United 

23 States air ports of entry by wait times; and 

24 (4) provide adequate staffing at the U.S. Cus25 toms and Border Protection information center to 


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1 reduce wait times to under 10 minutes for travelers 

2 attempting to submit comments or speak with a rep3 resentative about their entry experiences. 

4 SEC. 208. K–9 UNITS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall increase by 20 percent the number of K–9 units 

7 working within U.S. Customs and Border Protection over 

8 the number of such units in existence at the end of fiscal 

9 year 2013, including adding infrastructure, officers, and 

10 support staff necessary for such additional units. 

11 (b) USE OF NEW UNITS.—The Secretary of Home12 land Security shall deploy to the international borders be13 tween the United States and Mexico and the United States 

14 and Canada the additional K–9 units added under sub15 section (a). Such units shall be used only for bomb, nar16 cotics, passenger, and currency detection purposes. 

17 SEC. 209. EQUIPMENT AND VEHICLE NEEDS FOR CUSTOMS 

18 AND BORDER PROTECTION OFFICERS AND 

19 BORDER PATROL AGENTS. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity shall keep the appropriate congressional committees 

22 informed of the equipment and vehicle needs for Customs 

23 and Border Protection Officers and Border Patrol agents. 


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1 (b) EQUIPMENT AND VEHICLES.—Equipment and 

2 vehicle needs under subsection (a) shall include the fol3 lowing: 

4 (1) The Secretary of Homeland Security, acting 

5 through the Commissioner of U.S. Customs and 

6 Border Protection, shall account for the number of 

7 helicopters and power boats. The Secretary shall en8 sure that the appropriate types of helicopters that 

9 are being requested will be mission capable. The 

10 Secretary shall also ensure that the types of power 

11 boats that are being requested are appropriate for 

12 both the waterways in which they are to be used and 

13 the mission requirements. 

14 (2) The Secretary of Homeland Security shall 

15 keep the appropriate congressional committees in16 formed of the fleet of motor vehicles appropriate for 

17 use by Border Patrol agents and, when necessary, by 

18 Customs and Border Protection officers, that will 

19 permit a ratio of at least one mission specific vehicle 

20 per every three agents or officers. Each vehicle shall 

21 have a ‘‘panic button’’ and a global positioning sys22 tem device that may be activated solely in emergency 

23 situations for the purpose of tracking the location of 

24 an agent or officer in distress. 


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1 (3) The Secretary of Homeland Security shall 

2 equip each mission specific vehicle in the fleet of the 

3 Border Patrol and when necessary, U.S. Customs 

4 and Border Protection, with a portable electronic de5 vice that would allow agents to access necessary law 

6 enforcement databases and otherwise suited to the 

7 unique operational requirements of the Border Pa8 trol and, when necessary, U.S. Customs and Border 

9 Protection. Each such portable electronic device 

10 shall be equipped with a ‘‘panic button’’ and a global 

11 positioning system device that is activated solely in 

12 emergency situations for the purpose of tracking the 

13 location of an agent or officer in distress. 

14 (4) The Secretary of Homeland Security shall 

15 equip each Border Patrol agent, and when nec16 essary, each U.S. Customs and Border Protection 

17 officer, with a hand-held global positioning system 

18 device for navigational purposes. 

19 (5) The Secretary of Homeland Security pro20 vide for the equipment needs for night time oper21 ations, including night vision equipment, by Customs 

22 and Border Protection officers and Border Patrol 

23 agents. 

24 (6) The Secretary of Homeland Security shall 

25 issue every Border Patrol agent and Customs and 


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1 Border Protection officer high-quality body armor 

2 that is appropriate for the climate and risks faced 

3 by such agents and officers. 

4 (c) USE AND TRAINING.—The Secretary of Home5 land Security shall establish an overall policy on how the 

6 equipment and vehicles described in subsection (b) will be 

7 used, and implement training programs for the agents and 

8 officers who use such equipment and vehicles, including 

9 safe operating procedures and rescue operations. 

10 TITLE III—STRENGTHENING IN11 FRASTRUCTURE AND TECH12 NOLOGY 

13 SEC. 301. PILOT PROGRAM ON BORDER CONNECTIVITY. 

14 (a) ESTABLISHMENT.—The Secretary of Homeland 

15 Security shall conduct a pilot program to provide a tactical 

16 cellular testbed on the southwest border of the United 

17 States that serves as both a communications platform and 

18 an intelligence data transport layer between a dismounted 

19 team and the nearest communications node. Such pilot 

20 program shall be designed to— 

21 (1) test and deploy 3G/4G communications and 

22 intelligence collection devices; 

23 (2) evaluate and test solutions that are 

24 ruggedized, rapidly deployable, highly mobile, and 

25 customizable cellular network capable of meeting 


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1 multimission requirements and providing complete 

2 connectivity in harsh and dynamic operating envi3 ronments; 

4 (3) support the breadth of cellular technologies, 

5 including technologies currently being leveraged by 

6 the Department of Defense; 

7 (4) test and evaluate communications that are 

8 interoperable with existing communications capabili9 ties, such as tactical push-to-talk radios; 

10 (5) pass data via the platform that includes bio11 metric, forensic, and cellular exploitation data; 

12 (6) provide communications and data transport 

13 capabilities that are available on-the-move with no 

14 disruption in service and that integrate advanced 

15 geo-location capabilities; 

16 (7) evaluate a platform that is able to operate 

17 as a standalone system or be scalable to support 

18 multilevel operations in order to meet user specifica19 tions and operational needs; and 

20 (8) provide secure communications and the 

21 rapid dissemination of biometric, forensic, and other 

22 collected information to exploitation centers for anal23 ysis within minutes and provide a secure path back 

24 to the dismounted agent for alerts and immediate 

25 feedback. 


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1 (b) REPORT TO CONGRESS.—Not later than 120 days 

2 after the date of the enactment of this Act, the Secretary 

3 of Homeland Security shall submit to the appropriate con4 gressional committees a report on the Secretary’s plan to 

5 conduct the pilot program described in subsection (a). 

6 TITLE IV—SECURING THE 

7 PORTS OF ENTRY 

8 SEC. 401. BIOMETRIC EXIT DATA SYSTEM. 

9 (a) ESTABLISHMENT.— 

10 (1) EXIT DATA SYSTEM.—Not later than De11 cember 31, 2015, the Secretary of Homeland Secu12 rity shall establish a mandatory exit data system 

13 that includes the collection of data from machine14 readable visas, passports, and other travel and entry 

15 documents for all categories of aliens who are exiting 

16 from air and sea ports of entry. 

17 (2) BIOMETRIC EXIT DATA SYSTEM.—Not later 

18 than two years after the date of the enactment of 

19 this Act, the Secretary of Homeland Security, in ac20 cordance with subsection (b) and in consultation 

21 with nongovernmental organizations, academic ex22 perts, and appropriate stakeholders representing the 

23 aviation and transportation industries, shall estab24 lish a mandatory biometric exit data system at the 

25 ten United States airports that support the highest 


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1 volume of international air travel, as determined by 

2 Department of Transportation international flight 

3 departure data. 

4 (3) STUDY AND REPORT.—Not later than three 

5 years after the establishment of the mandatory bio6 metric exit data system under paragraph (2), the 

7 Secretary of Homeland Security shall conduct a 

8 study of the effectiveness of such system at the ten 

9 airports referred to in such paragraph and submit to 

10 the appropriate congressional committees a report 

11 on the results of such study. 

12 (4) EXPANSION OF BIOMETRIC EXIT DATA SYS13 TEM.—Not later than four years after the establish14 ment of the mandatory biometric exit data system 

15 under paragraph (2), the Secretary of Homeland Se16 curity shall— 

17 (A) establish such system at the Core 30 

18 international airports in the United States, as 

19 designated by the Federal Aviation Administra20 tion; and 

21 (B) submit to the appropriate congres22 sional committee a plan for the establishment of 

23 such system at major sea and land ports of 

24 entry based upon— 


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1 (i) the performance of such system at 

2 the ten airports referred to in such para3 graph; and 

4 (ii) the findings of the study con5 ducted pursuant to paragraph (3). 

6 (b) REQUIREMENTS FOR BIOMETRIC EXIT DATA

7 SYSTEM.—The mandatory biometric exit data system es8 tablished under subsection (a)(2) shall— 

9 (1) recognize the advantages of being able to 

10 confirm an individual’s identity, and potentially such 

11 individual’s threat level, upon initial interaction at 

12 ports of entry; 

13 (2) leverage existing and proven biometric tech14 nologies utilized within the Department of Homeland 

15 Security; 

16 (3) capitalize on lessons learned from the De17 partment of Defense use of biometric technologies in 

18 Iraq and Afghanistan; 

19 (4) integrate with existing biometric databases 

20 across the Federal Government; 

21 (5) assess the role of biometric technologies in 

22 the Department of Homeland Security’s risk-based 

23 security model; and 

24 (6) assess operational and funding requirements 

25 of Department of Homeland Security components, 


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1 specifically U.S. Customs and Border Protection and 

2 U.S. Immigration and Customs Enforcement. 

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

4 The Comptroller General of the United States shall 

5 submit to the appropriate congressional committees a 

6 study of registered traveler programs that— 

7 (1) evaluates existing screening procedures to 

8 focus on security risks and creating clear guidelines 

9 for program participation; 

10 (2) identifies any vulnerabilities in such proce11 dures and making recommendations to rectify such 

12 vulnerabilities; and 

13 (3) assesses the feasibility of expanding such 

14 registered traveler programs to additional ports of 

15 entry or additional lanes at ports of entry where 

16 such programs are currently in operation, provided 

17 that any existing vulnerabilities are addressed. 

18 SEC. 403. ELECTRONIC DEVICE SEARCH AND SEIZURE 

19 STANDARDS AT PORTS OF ENTRY. 

20 (a) RULE WITH RESPECT TO BORDER SECURITY

21 SEARCHES OF ELECTRONIC DEVICES.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary of Homeland Security, acting through the 

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1 tion, in coordination with the Assistant Secretary of 

2 Homeland Security for U.S. Immigration and Cus3 toms Enforcement and the senior official appointed 

4 pursuant to section 222 of the Homeland Security 

5 Act of 2002 (6 U.S.C. 142), shall issue a rule with 

6 respect to the scope of and procedural and record7 keeping requirements associated with border security 

8 searches of electronic devices. 

9 (2) CONTENT.—The rule issued pursuant to 

10 paragraph (1) shall include the following: 

11 (A) A requirement that information col12 lected during a border security search of an 

13 electronic device that is determined to be com14 mercial information, including trade secrets, in15 formation subject to attorney-client privilege, 

16 information subject to doctor-patient privilege, 

17 or information subject to another privilege or 

18 protection shall be handled in accordance with 

19 the laws, rules, and regulations governing such 

20 information and shall not be shared with a Fed21 eral, State, local, tribal, territorial, or foreign 

22 agency unless it is determined that such agency 

23 has the mechanisms in place to comply with 

24 such laws, rules, and regulations. 


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1 (B) A requirement that authorized agents, 

2 to the greatest extent practicable, conduct all 

3 border security searches of electronic devices in 

4 the presence of a supervisor and, where appro5 priate, in the presence of the individuals whose 

6 electronic devices are subject to such searches. 

7 (C) A determination of the number of days 

8 that an electronic device subjected to a border 

9 security search or the information collected 

10 from such device may be retained, unless prob11 able cause exists, that prohibits retention ex12 ceeding the period necessary to translate, 

13 decrypt, or reasonably search such device or in14 formation and that requires such information to 

15 be destroyed if in the custody of an authorized 

16 agent after such number of days. 

17 (D) A requirement that if information col18 lected from an electronic device subjected to a 

19 border security search is copied, shared, re20 tained, or entered into an electronic database, 

21 the individual from whose electronic device such 

22 information is collected shall receive written no23 tification of such copying, sharing, retention, or 

24 entry unless such notification would hinder an 

25 investigation involving national security or 


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1 would meet another criteria established by the 

2 Secretary of Homeland Security in the rule. 

3 (E) A requirement that an individual sub4 jected to a border security search of an elec5 tronic device shall receive a receipt for such de6 vice if such device is removed from the posses7 sion of such individual. 

8 (F) A requirement that an individual sub9 jected to a border security search of an elec10 tronic device shall receive notice of how to re11 port abuses or concerns and how to seek re12 dress from the Department of Homeland Secu13 rity. 

14 (G) A requirement that information on the 

15 rights of individuals with respect to border se16 curity searches and Department of Homeland 

17 Security redress procedures shall be posted at 

18 all ports of entry in locations that are likely to 

19 be viewed by individuals subject to border secu20 rity searches. 

21 (H) A privacy impact assessment of the 

22 rule, as prepared by the senior official ap23 pointed pursuant to section 222 of the Home24 land Security Act of 2002, that includes rec25 ommendations with respect to the copying, 


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1 sharing, retention, and entry into an electronic 

2 database of personally identifiable information 

3 collected from electronic devices subjected to a 

4 border security search. 

5 (I) A civil liberties impact assessment of 

6 the rule, as prepared by the Officer for Civil 

7 Rights and Civil Liberties of the Department of 

8 Homeland Security. 

9 (b) TRAINING AND AUDITING WITH RESPECT TO

10 THE RULE.— 

11 (1) TRAINING.—The Secretary of Homeland 

12 Security shall provide each authorized agent with 

13 appropriate training to conduct border security 

14 searches of electronic devices in accordance with the 

15 rule issued pursuant to subsection (a). The training 

16 shall include instruction on constitutional, privacy, 

17 civil rights, and civil liberties issues related to such 

18 searches. 

19 (2) AUDITING.—The Secretary of Homeland 

20 Security, acting through the Inspector General of 

21 the Department of Homeland Security, shall develop 

22 and annually administer an auditing mechanism to 

23 review whether authorized agents are conducting 

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1 cordance with the rule issued pursuant to subsection 

2 (a). 

3 (c) REPORT.—Not later than 90 days after the effec4 tive date of the rule issued pursuant to subsection (a) and 

5 quarterly thereafter, the Secretary of Homeland Security 

6 shall submit to the appropriate congressional committees 

7 a report that includes the following: 

8 (1) A description of the activities of authorized 

9 agents with respect to border security searches of 

10 electronic devices. 

11 (2) A description of the manner in which the 

12 Department of Homeland Security has complied 

13 with the requirements of this section. 

14 (3) The number, by port of entry, of border se15 curity searches of electronic devices conducted dur16 ing the reporting period. 

17 (4) The number, by port of entry, of instances 

18 during the reporting period that information from 

19 an electronic device subjected to a border security 

20 search was retained, copied, shared, or entered in an 

21 electronic database, including the number of elec22 tronic devices retained as the result of any such bor23 der security search. 

24 (5) The race, ethnicity, national origin, and citi25 zenship of each individual whose electronic device 


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1 was subjected to a border security search during the 

2 reporting period, to determine the existence or ab3 sence of racial profiling. 

4 (6) The number of instances during the report5 ing period that information collected from an elec6 tronic device subjected to a border security search 

7 was referred to a law enforcement or intelligence 

8 agency for further action, including whether such in9 formation resulted in a prosecution or conviction. 

10 (d) DEFINITIONS.—In this section: 

11 (1) AUTHORIZED AGENT.—The term ‘‘author12 ized agent’’ means an agent, officer, or official of 

13 United States Customs and Border Protection, 

14 United States Immigration and Customs Enforce15 ment, or any other office or agency of the Depart16 ment of Homeland Security who is authorized to 

17 conduct a border security search. 

18 (2) BORDER SECURITY SEARCH.—The term 

19 ‘‘border security search’’ means a search by an au20 thorized agent of persons, baggage, or cargo enter21 ing, departing, or passing through the United States 

22 through any port of entry. 

23 (3) ELECTRONIC DEVICE.—The term ‘‘elec24 tronic device’’ means an electronic, magnetic, opti25 cal, electrochemical, or other high-speed data procVerDate Mar 15 2010 18:57 Aug 05, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.IH H2872

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1 essing device performing logical, arithmetic, or stor2 age functions, such as a computer, a cellular tele3 phone, or any other device used for electronic com4 munication or for storing electronic, digital or ana5 log data, and which includes any data storage facil6 ity or communications facility directly related to or 

7 operating in conjunction with such device. 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Homeland Security. 

10 TITLE V—FEDERAL, STATE, AND 

11 LOCAL COORDINATION AND 

12 ASSISTANCE 

13 SEC. 501. COORDINATION OF LAND AND MARITIME BOR14 DER ENFORCEMENT EFFORTS. 

15 The Inspector General of the Department of Home16 land Security shall submit to Congress a report on the 

17 state of coordination between U.S. Customs and Border 

18 Protection and the Coast Guard regarding land and mari19 time border enforcement efforts and make recommenda20 tions to enhance such coordination, rectify any jurisdic21 tional issues that are identified, and improve such border 

22 security enforcement efforts. 

23 SEC. 502. DEPARTMENT OF HOMELAND SECURITY BORDER 

24 OVERSIGHT TASK FORCE. 

25 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There is established an inde2 pendent task force, which shall be known as the De3 partment of Homeland Security Border Oversight 

4 Task Force (referred to in this section as the ‘‘DHS 

5 Task Force’’). 

6 (2) DUTIES.—The DHS Task Force shall— 

7 (A) review and make recommendations re8 garding immigration and border enforcement 

9 policies, strategies, and programs that take into 

10 consideration their impacts on border commu11 nities; 

12 (B) recommend ways in which the Border 

13 Communities Liaison Offices can strengthen re14 lations and collaboration between communities 

15 in the border regions and the Department of 

16 Homeland Security and other Federal agencies 

17 that carry out such policies, strategies, and pro18 grams; 

19 (C) evaluate how the policies, strategies, 

20 and programs of Federal agencies operating 

21 along the international borders between the 

22 United States and Mexico and between the 

23 United States and Canada protect the due proc24 ess, civil, and human rights of border residents, 


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1 visitors, and migrants at and near such borders; 

2 and 

3 (D) evaluate and make recommendations 

4 regarding the training of border enforcement 

5 personnel. 

6 (3) MEMBERSHIP.— 

7 (A) IN GENERAL.—The DHS Task Force 

8 shall be composed of 26 members, appointed by 

9 the President, who have expertise in migration, 

10 local crime indices, civil and human rights, 

11 community relations, cross-border trade and 

12 commerce, quality of life indicators, or other 

13 pertinent experience, of whom— 

14 (i) 13 members shall be from the 

15 northern border region and shall include— 

16 (I) two local government elected 

17 officials; 

18 (II) two local law enforcement of19 ficial; 

20 (III) two civil rights advocates; 

21 (IV) one business representative; 

22 (V) one higher education rep23 resentative; 

24 (VI) one representative of a faith 

25 community; 


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1 (VII) two representatives of the 

2 Border Patrol; and 

3 (VIII) two tribal officials; and 

4 (ii) 17 members shall be from the 

5 southern border region and shall include— 

6 (I) three local government elected 

7 officials; 

8 (II) three local law enforcement 

9 officials; 

10 (III) three civil rights advocates; 

11 (IV) two business representa12 tives; 

13 (V) one higher education rep14 resentative; 

15 (VI) one representative of a faith 

16 community; 

17 (VII) two representatives of the 

18 Border Patrol; and 

19 (VIII) two tribal officials. 

20 (B) NONGOVERNMENTAL APPOINTEES.— 

21 Individuals appointed as members of the DHS 

22 Task Force may not be employed by the Fed23 eral Government. 


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1 (C) TERM OF SERVICE.—Members of the 

2 Task Force shall be appointed for the shorter 

3 of— 

4 (i) three years; or 

5 (ii) the duration of the DHS Task 

6 Force. 

7 (D) CHAIR, VICE CHAIR.—The members of 

8 the DHS Task Force shall elect a Chair and a 

9 Vice Chair from among its members, who shall 

10 serve in such capacities for the duration of the 

11 DHS Task Force or until removed by the ma12 jority vote of at least 14 members. 

13 (b) OPERATIONS.— 

14 (1) INITIAL MEETING.—The DHS Task Force 

15 shall hold its first meeting not later than 90 days 

16 after the date of the enactment of this Act. 

17 (2) HEARINGS.—The DHS Task Force may, 

18 for the purpose of carrying out its duties, hold hear19 ings, sit and act, take testimony, receive evidence, 

20 and administer oaths. 

21 (3) RECOMMENDATIONS.—The DHS Task 

22 Force may make findings or recommendations to the 

23 Secretary of Homeland Security related to the duties 

24 described in subsection (a)(2). 


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1 (4) RESPONSE.—Not later than 180 days after 

2 receiving the findings and recommendations from 

3 the DHS Task Force under paragraph (2), the Sec4 retary of Homeland Security shall issue a response 

5 that describes how the Department of Homeland Se6 curity has addressed, or will address, such findings 

7 and recommendations. 

8 (5) INFORMATION FROM FEDERAL AGENCIES.— 

9 The Chair, or 16 members of the DHS Task Force, 

10 may request statistics relating to the duties de11 scribed in subsection (a)(2) directly from the head of 

12 any Federal agency, who shall, to the extent author13 ized by law, furnish such information, suggestions, 

14 estimates, and statistics directly to the DHS Task 

15 Force. 

16 (6) COMPENSATION.—Members of the DHS 

17 Task Force shall serve without pay, but shall be re18 imbursed for reasonable travel and subsistence ex19 penses incurred in the performance of their duties. 

20 (c) REPORT.—Not later than two years after its first 

21 meeting under subsection (b)(1), the DHS Task Force 

22 shall submit to the President, the appropriate congres23 sional committees, and the Secretary of Homeland Secu24 rity a final report that contains— 


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1 (1) findings with respect to the duties of the 

2 DHS Task Force; and 

3 (2) recommendations regarding border and im4 migration enforcement policies, strategies, and pro5 grams, including— 

6 (A) a recommendation as to whether the 

7 DHS Task Force should continue to operate; 

8 and 

9 (B) a description of any duties the DHS 

10 Task Force should be responsible for after the 

11 termination date described in subsection (d). 

12 TITLE VI—INTERNATIONAL 

13 COOPERATION 

14 SEC. 601. NORTH AND CENTRAL AMERICAN BORDER SECU15 RITY COOPERATION INITIATIVE. 

16 (a) ASSESSMENT OF NEEDS.—The Secretary of 

17 Homeland Security, in consultation with the Secretary of 

18 State, shall work with the appropriate officials of the Gov19 ernment of Canada and the Government of Mexico to es20 tablish a program to assess the specific needs of the coun21 tries of Central America to maintain the security of the 

22 international borders of such countries and to determine 

23 the support needed by such countries from the United 

24 States, Canada, and Mexico, to meet such needs. 

25 (b) PROVISION OF ASSISTANCE.— 


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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security, in cooperation with the Secretary of State, 

3 shall work with the appropriate officials of the gov4 ernments of the countries of Central America to pro5 vide, pursuant to the assessment of specific needs 

6 determined under subsection (a), the necessary 

7 equipment, technical assistance, and vehicles to 

8 manage, regulate, and patrol the international bor9 ders of such countries. The Secretary of Homeland 

10 Security shall establish Special Vetted Units of U.S. 

11 Immigration and Customs Enforcement in Central 

12 American countries, including in Honduras, where 

13 such units do not currently exist. 

14 (2) REPORTING.—The Secretary of Homeland 

15 Security shall submit to the appropriate congres16 sional committees periodic reports on the utilization 

17 of United States assistance under paragraph (1) and 

18 the effectiveness of such assistance. 

19 SEC. 602. ENHANCING THE SECURITY OF MEXICO’S SOUTH20 ERN BORDER. 

21 (a) PROVISION OF ASSISTANCE.—The Secretary of 

22 Homeland Security, in cooperation with the Secretary of 

23 State, shall provide to Mexico assistance to help secure 

24 Mexico’s southern border from undocumented aliens, 

25 drugs, weapons, and other contraband. 


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1 (b) REPORTING.—The Secretary of Homeland Secu2 rity, in cooperation with the Secretary of State, shall sub3 mit to the appropriate congressional committees an annual 

4 report on the assistance provided in accordance with sub5 section (a) and an evaluation of its effectiveness. 

6 SEC. 603. CARIBBEAN COOPERATION INITIATIVE. 

7 (a) ASSESSMENT OF NEEDS.—The Secretary of 

8 Homeland Security, in cooperation with the Secretary of 

9 State, shall work with appropriate officials of governments 

10 of Caribbean countries to establish a program to assess 

11 the specific needs of such countries to address the unique 

12 challenges of maritime border security. 

13 (b) PROVISION OF ASSISTANCE.— 

14 (1) IN GENERAL.—The Secretary of Homeland 

15 Security, in cooperation with the Secretary of State, 

16 shall work with appropriate officials of the govern17 ments of the countries of the Caribbean to provide, 

18 pursuant to the assessment of specific needs deter19 mined under subsection (a), the necessary equip20 ment, technical assistance, and vehicles to manage, 

21 regulate, and patrol the international maritime bor22 ders of such countries. The Secretary of Homeland 

23 Security shall establish Special Vetted Units of U.S. 

24 Immigration and Customs Enforcement, U.S. Cus25 toms and Border Protection, and the Coast Guard 


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1 in such Caribbean countries, where such units do 

2 not currently exist. 

3 (2) REPORTING.—The Secretary of Homeland 

4 Security shall submit to the appropriate congres5 sional committees periodic reports on the utilization 

6 of United States assistance under paragraph (1) and 

7 the effectiveness of such assistance. 

8 TITLE VII—SECURE AND HU9 MANE DETENTION AND EF10 FECTIVE REPATRIATION. 

11 SEC. 701. IMMIGRATION DETENTION STANDARDS. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity shall establish standards based on guidelines devel14 oped in conjunction with outside immigrant rights advo15 cacy groups regarding appropriate treatment of immigra16 tion detainees, including guidelines specifically for children 

17 at family detention centers. 

18 (b) MINIMUM STANDARDS.—Not later than 18 

19 months after the date of the enactment of this Act, the 

20 Secretary of Homeland Security shall establish minimum 

21 standards for the treatment of immigration detainees that 

22 shall include at a minimum the following: 

23 (1) FAIR AND HUMANE TREATMENT.—Proce24 dures to ensure that detainees are not subject to de25 grading or inhumane treatment such as physical 


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1 abuse, sexual abuse or harassment, or arbitrary pun2 ishment. 

3 (2) LIMITATIONS ON SOLITARY CONFINE4 MENT.—Solitary confinement shall be used only in 

5 exceptional cases, for as short a time as possible, 

6 and only as a last resort. The decision to place 

7 someone in solitary confinement should be reviewed 

8 regularly and should not exceed 30 days. Children 

9 and the mentally ill shall not be placed in solitary 

10 confinement. Procedures limiting the use of solitary 

11 confinement, shackling, and strip searches of detain12 ees to situations where the use of such techniques is 

13 necessitated by security interests or other extraor14 dinary circumstances. 

15 (3) INVESTIGATION OF GRIEVANCES.—Proce16 dures for the prompt and effective investigation of 

17 grievances raised by detainees. 

18 (4) ACCESS TO TELEPHONES.—Procedures per19 mitting detainees sufficient access to telephones, and 

20 the ability to contact, free of charge, legal represent21 atives, the immigration courts, the Board of Immi22 gration Appeals, and the Federal courts through 

23 confidential toll-free numbers. 

24 (5) LOCATION OF FACILITIES.—Location of de25 tention facilities, to the extent practicable, near 


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1 sources of free or low-cost legal representation with 

2 expertise in asylum or immigration law. 

3 (6) PROCEDURES GOVERNING TRANSFERS OF

4 DETAINEES.—Procedures governing the transfer of a 

5 detainee that take into account— 

6 (A) the detainee’s access to legal rep7 resentatives, existing attorney-client relation8 ship and location of family within the United 

9 States; and 

10 (B) the proximity of the facility to the 

11 venue of the removal proceeding. 

12 (7) INTERPRETATION AND TRANSLATION CAPA13 BILITIES.—The employment of detention facility 

14 staff that, to the extent practicable, are qualified in 

15 the languages represented in the population of de16 tainees at a detention facility, and the provision of 

17 alternative interpretation services and translation of 

18 vital documents when necessary. 

19 (8) RECREATIONAL PROGRAMS AND ACTIVI20 TIES.—Daily access to indoor and outdoor rec21 reational programs and activities. 

22 (9) ACCESS TO COUNSEL AND LEGAL INFORMA23 TION.—Access to legal orientation presentation pro24 grams, counsel, information about one’s legal case, 


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1 including prompt filing of the notice to appear and 

2 access to a law library. 

3 (10) QUALITY MEDICAL CARE.— 

4 (A) IN GENERAL.—The Secretary of 

5 Homeland Security shall ensure that prompt 

6 and adequate emergency, primary, specialty, 

7 and hospital medical care is provided at no cost 

8 to detainees, including dental care, eye care, 

9 mental health care, individual and group coun10 seling, and medical dietary needs. 

11 (B) MEDICAL FACILITIES.—The Secretary 

12 of Homeland Security shall ensure that medical 

13 facilities in all detention facilities maintain cur14 rent accreditation by the National Commission 

15 on Correctional Health Care (NCCHC). 

16 NCCHC reports of accreditation findings shall 

17 be made public. 

18 (C) MEDICAL RECORDS.—The Secretary of 

19 Homeland Security shall ensure that complete 

20 and confidential medical records are maintained 

21 for every detainee, and that such records are 

22 made available upon request to the detainee, his 

23 or her legal representative, or other authorized 

24 individuals. 

25 (c) NEGOTIATED RULEMAKING.— 


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1 (1) IN GENERAL.—Before publishing the pro2 posed regulations required by paragraph (2) to carry 

3 out this title, the Secretary of Homeland Security 

4 shall establish a negotiated rulemaking process pur5 suant to subchapter IV of chapter 5 of title 5, 

6 United States Code. 

7 (2) REPRESENTATION ON NEGOTIATED RULE8 MAKING COMMITTEE.—Any negotiated rulemaking 

9 committee established by the Secretary of Homeland 

10 Security pursuant to paragraph (1) shall include 

11 representatives from— 

12 (A) nongovernmental and intergovern13 mental organizations experienced in providing 

14 legal, social, and health services to immigrants 

15 and refugees; and 

16 (B) the Department of Homeland Security. 

17 SEC. 702. DETENTION MANAGEMENT. 

18 (a) COMPLIANCE MONITORING.—The Inspector Gen19 eral of the Department of Homeland Security shall mon20 itor compliance with detention guidelines promulgated 

21 under section 701 at U.S. Immigration and Customs En22 forcement-operated and -contracted immigration detention 

23 facilities. 

24 (b) ADDITIONAL MONITORING.—In the case of U.S. 

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1 ties, the Inspector General of the Department of Home2 land Security shall, in addition to the compliance moni3 toring required under subsection (a), conduct an assess4 ment of contract costs and contract compliance at such 

5 facilities. 

6 (c) REPORTING.—The Inspector General of the De7 partment of Homeland Security shall submit to the appro8 priate congressional committees a quarterly report con9 taining findings and recommendations of the Inspector 

10 General regarding the monitoring required under sub11 sections (a) and (b). 

12 SEC. 703. ALTERNATIVES TO DETENTION FOR FAMILIES 

13 AND VULNERABLE POPULATIONS. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary of 

16 Homeland Security such sums as may be necessary to 

17 carry out the implementation and utilization of secure al18 ternatives to detention programs. 

19 (b) SECURE ALTERNATIVES TO DETENTION PRO20 GRAMS.— 

21 (1) NATURE OF THE PROGRAM.—For purposes 

22 of this section, the programs referred to in sub23 section (a) are programs under which aliens are 

24 screened, supervised, monitored, provided with infor25 mation about the legal process by nongovernmental 


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1 organizations, and referred to nongovernmental legal 

2 and social service providers as needed to ensure such 

3 aliens appear at all immigration interviews, appoint4 ments, and hearings. The Secretary of Homeland 

5 Security shall develop custodial alternatives pro6 grams that may include the use of electronic moni7 toring devices and noncustodial alternatives pro8 grams. The elements of the secure alternatives to de9 tention program are— 

10 (A) group presentations and individual 

11 screening; 

12 (B) on-going supervision and monitoring; 

13 and 

14 (C) referrals to assistance from nongovern15 mental organizations. 

16 (2) VOLUNTARY PARTICIPATION.—An alien’s 

17 participation in the programs described in subsection 

18 (b) is voluntary and shall not confer any rights or 

19 benefits to the alien under the Immigration and Na20 tionality Act (8 U.S.C. 1101 et seq.). 

21 (3) PROGRAM DEVELOPMENT.—The programs 

22 described in subsection (b) shall be developed in ac23 cordance with the following guidelines: 

24 (A) The Secretary of Homeland Security 

25 shall design the programs in consultation with 


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1 nongovernmental organizations, academic ex2 perts, and appropriate stakeholders rep3 resenting Department of Homeland Security of4 ficials in charge of detention facilities. 

5 (B) The Secretary of Homeland Security 

6 shall enter into contracts with qualified commu7 nity-based nongovernmental entities that pro8 vide services to aliens to provide screening, legal 

9 referrals, and social services for secure alter10 natives to detention programs. 

11 (C) The Secretary of Homeland Security 

12 shall ensure that each alien participates in a 

13 legal presentation provided through the legal 

14 orientation presentation program administered 

15 by the Executive Office for Immigration Re16 view. 

17 (c) PROTECTION OF VULNERABLE POPULATIONS.— 

18 When possible, within 72 hours of detaining an alien, the 

19 Secretary of Homeland Security shall screen such alien to 

20 determine if such alien falls into one or more of the fol21 lowing designated groups: 

22 (1) Aliens who have serious medical or mental 

23 health needs or a disability. 

24 (2) Pregnant or nursing women. 


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1 (3) Aliens who are being detained with one or 

2 more of their children. 

3 (4) Aliens who provide financial, physical, and 

4 other direct support to their minor children, parents, 

5 or other dependents. 

6 (5) Aliens who are over the age of 65. 

7 (6) Children, as defined at section 101(c)(1) of 

8 the Immigration and Nationality Act (8 U.S.C. 

9 1101(c)(1)). 

10 (7) Victims of abuse, violence, crime, or traf11 ficking. 

12 (8) Asylum seekers. 

13 (9) Other groups designated in regulations or 

14 guidance promulgated by the Secretary. 

15 (10) Aliens who have a reasonable claim to 

16 United States citizenship or aliens who are eligible 

17 for relief under a provision of the Immigration and 

18 Nationality Act. 

19 (d) ALTERNATIVES TO DETENTION, PLACEMENT, 

20 AND CUSTODY DECISIONS.— 

21 (1) IN GENERAL.—Not later than 72 hours 

22 after an alien’s detention unless such 72-hour re23 quirement is waived in writing by such alien, such 

24 alien shall be released from the Department of 

25 Homeland Security’s custody on parole, a reasonable 


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1 bond, or such alien’s own recognizance, and shall not 

2 be subject to electronic monitoring, if the Depart3 ment demonstrates that— 

4 (A) such alien is not subject to mandatory 

5 detention under sections 235(b)(1)(B)(iii)(IV) 

6 or 236A of the Immigration and Nationality 

7 Act, or mandatory custody under section 236(c) 

8 such Act; 

9 (B) such alien does not pose a danger to 

10 others or a risk to national security; and 

11 (C) is a member of a vulnerable population 

12 as defined by subsection (c). 

13 (2) RELEASE.—An alien shall be released under 

14 this subsection— 

15 (A) on such alien’s own recognizance; 

16 (B) by posting a reasonable bond under 

17 section 236(a) of the Immigration and Nation18 ality Act; or 

19 (C) on parole in accordance with section 

20 212(d)(5)(A) of such Act. 

21 (3) OTHER PARTICIPATION.—An alien who is 

22 denied release on recognizance, parole, or bond, or 

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1 grams described in subsection (b) unless the Sec2 retary of Homeland Security demonstrates— 

3 (A) that such alien is subject to mandatory 

4 detention under section 235(b)(1)(B)(iii)(IV) of 

5 the Immigration and Nationality Act, or sub6 sections (a) or (c) of section 236 of such Act; 

7 (B) substantial evidence that such alien is 

8 a flight risk where the risk of such alien’s flight 

9 cannot be mitigated through the use of services, 

10 supervision, or monitoring; or 

11 (C) such alien’s participation in the pro12 grams would create a risk to others or national 

13 security. 

14 (4) CUSTODY.—If an alien is determined not to 

15 meet the requirements for release on recognizance, 

16 bond, or parole, or subsequently does not meet the 

17 requirements for secure alternatives to detention 

18 programs described in subsection (b), such alien may 

19 be considered for placement in custodial alternatives 

20 to detention programs that maintain custody over 

21 such alien, such as through the use of electronic 

22 ankle devices. The Secretary of Homeland Security 

23 shall make an individualized determination in each 

24 alien’s case about the use of electronic monitoring 

25 and shall review such decision on a monthly basis. 


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1 Aliens who would otherwise be subject to detention, 

2 including under section 236 of the Immigration and 

3 Nationality Act, may be placed in electronic moni4 toring or other alternatives to detention that main5 tain custody over such alien. 

6 (e) DECISIONS UNDER THIS SECTION.—In the case 

7 of a decision under subsection (d), the following shall 

8 apply: 

9 (1) Such decision shall be made in writing and 

10 shall be served upon the alien concerned in the lan11 guage spoken by such alien. A decision to continue 

12 detention without releasing such alien on recog13 nizance, bond, or parole, or enrollment in the secure 

14 alternatives to detention programs described in sub15 section (b) shall specify in writing the reasons for 

16 such decision. 

17 (2) Such decision shall be served upon such 

18 alien within 72 hours of such alien’s detention or, in 

19 the case of an alien subject to sections 235, 238, or 

20 241(a)(5) of the Immigration and Nationality Act, 

21 within 72 hours of a positive credible or reasonable 

22 fear determination. 

23 (3) An alien subject to this section, including 

24 all aliens who are entitled to a removal hearing 

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1 ality Act, may at any time after being served with 

2 the Secretary of Homeland Security’s decision under 

3 subsection (d) request a redetermination of such de4 cision by an immigration judge. 

5 (f) APPLICABILITY.—The Attorney General or an im6 migration judge, at any time, may redetermine an alien’s 

7 classification as a member of a vulnerable population 

8 under subsection (c), the bond of an alien released, or the 

9 custody status of an alien placed in the alternatives to de10 tention programs described in subsection (b). Nothing in 

11 this section shall preclude an alien from being released on 

12 bond after initially participating in the alternatives to de13 tention programs. 

14 (g) ELIGIBILITY AND OPERATIONS.—Nothing in this 

15 section shall be construed to modify the care and custody 

16 of unaccompanied alien children (defined in section 

17 462(g)(2) of the Homeland Security Act (6 U.S.C. 

18 279(g)(2))) who shall be considered to be in the care and 

19 exclusive custody of the Department of Health and 

20 Human Services. Such children shall not be subject to ex21 pedited removal and shall not be permitted to participate 

22 in the alternatives to detention programs described in sub23 section (b). 


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1 SEC. 704. SHORT TERM DETENTION STANDARDS AT AND 

2 BETWEEN PORTS OF ENTRY. 

3 (a) PROPER ACCESS TO FOOD AND WATER UPON OR

4 AS SOON AS PRACTICABLE FOLLOWING APPREHENSION

5 AND DURING SHORT TERM DETENTION AT BORDER PA6 TROL PROCESSING CENTERS.—The Secretary of Home7 land Security, acting through the Chief of the Border Pa8 trol, shall ensure that adequate access to food and water 

9 is provided to an alien apprehended and detained by a 

10 Border Patrol agent between ports of entry upon or as 

11 soon as practicable following the time of such apprehen12 sion or during subsequent short term detention. 

13 (b) ACCESS TO INFORMATION ON DETAINEE RIGHTS

14 AT BORDER PATROL PROCESSING CENTERS.— 

15 (1) IN GENERAL.—The Secretary of Homeland 

16 Security, acting through the Chief of the Border Pa17 trol, shall ensure that an alien unlawfully present in 

18 the United States who is apprehended by a Border 

19 Patrol agent is promptly provided with information 

20 concerning such alien’s rights, including the right to 

21 contact a representative of such alien’s government 

22 for purposes of United States treaty obligations. 

23 (2) FORM.—The information referred to in 

24 paragraph (1) may be provided either verbally or in 

25 writing by the apprehending Border Patrol agent, 

26 and shall be posted in the detention holding cell in 


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1 which such alien is being held. The information shall 

2 be provided in a language understandable to such 

3 alien. 

4 (c) DOCUMENTATION CONCERNING REPATRIATED

5 ALIENS.—The Secretary of Homeland Security shall es6 tablish and maintain a database containing the following 

7 information relating to aliens unlawfully present in the 

8 United States apprehended and detained by Border Patrol 

9 agents: 

10 (1) Information on the location of repatriation. 

11 (2) Information on groups of families repatri12 ated. 

13 (3) Information on the locations of other mem14 bers of families, if separated during apprehension or 

15 detention. 

16 (4) Information on the medical conditions of 

17 apprehended and detained aliens. 

18 (5) Information on any personal property that 

19 was returned to the alien upon repatriation. 

20 (d) SHORT TERM DETENTION DEFINED.—In this 

21 section, the term ‘‘short term detention’’ means detention 

22 in a United States Border Patrol processing center for 72 

23 hours or less, before repatriation to a country of nation24 ality or last habitual residence. 


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1 (e) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act, the Comptroller General of 

3 the United States shall submit to the appropriate congres4 sional committees a report on the procurement process 

5 and standards of entities with which the Department of 

6 Homeland Security has contracts for the transportation 

7 and detention of aliens unlawfully present in the United 

8 States apprehended by agents or officers of the Depart9 ment. Such report should also consider the operational ef10 ficiency of contracting out transportation and detention of 

11 aliens unlawfully present in the United States. 

12 SEC. 705. REPORT ON NONDEPORTABLE ALIENS. 

13 Not later than 90 days after the date of the enact14 ment of this Act, the Comptroller General of the United 

15 States shall submit to the appropriate congressional com16 mittees a report on the number and country of origin of 

17 nondeportable aliens who have been released into the 

18 United States over the past ten years. 

Æ 


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