(E) RECORD.—In cases in which a de-
tainee is transferred, the Secretary shall make 
a record of the reasons and circumstances ne-
cessitating such transfer. 
(5) NOTICE.— 
(A) IN GENERAL.—Section 236 of the Im-
migration and Nationality Act (8 U.S.C. 1226) 
is amended by adding at the end the following: 
‘‘(f) NOTICE.—The Secretary of Homeland Security 
shall file the notice to appear or other relevant charging 
document with the immigration court and serve such no-
tice on every alien detained under this Act, within 48 
hours of the detention of such alien. Any alien, held for 
more than 48 hours shall be brought before an immigra-
tion judge for a custody determination within 72 hours 
of the arrest or detention of such alien. The requirements 
of this provision may be tolled for no more than 30 days 
upon request from an alien who demonstrates prima facie 
eligibility for affirmative relief. The Secretary of Home-
land Security shall— 
‘‘(1) document when a notice to appear is 
served on a detainee in order to determine compli-
ance by the Secretary of Homeland Security with 
the 48-hour notice requirement; and 
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‘‘(2) submit to the Committees on the Judiciary 
of the Senate and the House of Representatives an 
annual report concerning the Secretary of Homeland 
Security’s compliance with such notice require-
ment.’’. 
(B) APPLICABILITY
OF
OTHER
LAW.— 
Nothing in section 236(f) of the Immigration 
and Nationality Act, as added by subparagraph 
(A), shall be construed to repeal section 236A 
of such Act (8 U.S.C. 1226a). 
(b) REGULATIONS CONCERNING CARE AND CUSTODY 
OF DETAINEES.— 
(1) RULEMAKING.—The Secretary of Homeland 
Security shall promulgate new rules, or modify exist-
ing rules, based on the report of the detention advi-
sory committee established under paragraph (2), to 
ensure detainees are treated humanely and held in 
the least restrictive setting necessary for their safety 
and to ensure compliance with the general minimum 
requirements set forth in paragraph (3), standards 
regarding classification of detainees set forth in 
paragraph (4), and the special standards for vulner-
able populations set forth in paragraph (5). Such 
rules shall apply to all facilities in which the Sec-
retary of Homeland Security detains noncitizens, in-
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cluding Service Processing Centers, Contract Deten-
tion Facilities, State or local government facilities 
used by Detention and Removal Operations through 
Intergovernmental Service Agreements, Bureau of 
Prisons facilities, and any other temporary or per-
manent facility used to hold detainees. The rules re-
quired under this paragraph shall be promulgated 
not later than 1 year after the Secretary of Home-
land Security receives the report of the detention ad-
visory committee established under paragraph (2), 
or 1 year after such report is due, whichever is ear-
lier. 
(2) DETENTION
ADVISORY
COMMITTEE.—The 
Secretary of Homeland Security shall convene, and 
receive a report from a detention advisory committee 
comprised of experts from U.S. Immigration and 
Customs Enforcement, U.S. Customs and Border 
Protection, the Office of Refugee Resettlement, and 
Division of Immigration Health Services in the De-
partment of Health and Human Services, and an 
equal number of independent experts from non-
governmental organizations and intergovernmental 
organizations with expertise in working on behalf of 
aliens detained under immigration laws and vulner-
able populations. The independent experts shall at a 
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