SEC. 141. NATIONAL LAND BORDER PORTS OF ENTRY SECU-
RITY PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, and annually thereafter, 
the Secretary, after consultation with representatives of 
Federal, State, and local law enforcement agencies and 
private entities that are involved in international trade 
across Northern or Southern ports of entry, shall submit 
a National Land Border Ports of Entry Security Plan to 
Congress. 
(b) VULNERABILITY ASSESSMENT.— 
(1) IN GENERAL.—The plan required in sub-
section (a) shall include a vulnerability assessment 
of each port of entry located on the northern border 
or the southern border. 
(2) PORT SECURITY COORDINATORS.—The Sec-
retary may establish 1 or more port security coordi-
nators at each port of entry located on the northern 
border or the southern border— 
(A) to assist in conducting a vulnerability 
assessment at such port; and 
(B) to provide other assistance with the 
preparation of the plan required in subsection 
(a). 
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SEC. 142. PORTS OF ENTRY TECHNOLOGY DEMONSTRATION 
PROGRAM. 
(a) DEMONSTRATION
PROGRAM.—The Secretary 
shall carry out a technology demonstration program to— 
(1) test and evaluate new port of entry tech-
nologies; 
(2) refine port of entry technologies and oper-
ational concepts; and 
(3) train personnel under realistic conditions. 
(b) TECHNOLOGY AND FACILITIES.— 
(1) TECHNOLOGY TESTING.—Under the tech-
nology demonstration program, the Secretary shall 
test technologies that enhance port of entry oper-
ations, including operations related to— 
(A) inspections; 
(B) communications; 
(C) port tracking; 
(D) identification of persons and cargo; 
(E) sensory devices; 
(F) personal detection; 
(G) decision support; and 
(H) the detection and identification of 
weapons, including weapons of mass destruc-
tion. 
(2) DEVELOPMENT OF FACILITIES.—At a dem-
onstration site selected pursuant to subsection 
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(c)(2), the Secretary shall develop facilities to pro-
vide appropriate training to law enforcement per-
sonnel who have responsibility for border security, 
including— 
(A) cross-training among agencies; 
(B) advanced law enforcement training; 
and 
(C) equipment orientation. 
(c) DEMONSTRATION SITES.— 
(1) NUMBER.—The Secretary shall carry out 
the demonstration program at not less than three 
sites and not more than five sites. 
(2) SELECTION CRITERIA.—To ensure that at 
least 1 of the facilities selected as a port of entry 
demonstration site for the demonstration program 
has the most up-to-date design, contains sufficient 
space to conduct the demonstration program, has a 
traffic volume low enough to easily incorporate new 
technologies without interrupting normal processing 
activity, and is able to efficiently carry out dem-
onstration and port of entry operations, at least 1 
port of entry selected as a demonstration site shall— 
(A) have been established not more than 
15 years before the date of enactment of this 
Act; 
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100 
(B) consist of not less than 65 acres, with 
the possibility of expansion to not less than 25 
adjacent acres; and 
(C) have serviced an average of not more 
than 50,000 vehicles per month during the one- 
year period ending on the date of enactment of 
this Act. 
(d) RELATIONSHIP WITH OTHER AGENCIES.—The 
Secretary shall permit personnel from an appropriate Fed-
eral or State agency to utilize a demonstration site de-
scribed in subsection (c) to test technologies that enhance 
port of entry operations, including technologies described 
in subparagraphs (A) through (H) of subsection (b)(1). 
(e) REPORT.— 
(1) REQUIREMENT.—Not later than one year 
after the date of enactment of this Act, and annually 
thereafter, the Secretary shall submit to Congress a 
report on the activities carried out at each dem-
onstration site under the technology demonstration 
program established under this section. 
(2) CONTENT.—The report submitted under 
paragraph (1) shall include an assessment by the 
Secretary of the feasibility of incorporating any dem-
onstrated technology for use throughout United 
States Customs and Border Protection. 
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101 
SEC. 143. REPORTS ON IMPROVING THE EXCHANGE OF IN-
FORMATION ON NORTH AMERICAN SECU-
RITY. 
(a) REQUIREMENT FOR REPORTS.—Not later than 
one year after the date of enactment of this Act, and an-
nually thereafter, the Secretary of State, in coordination 
with the Secretary and the heads of other appropriate 
Federal agencies, shall submit to Congress a report on the 
status of improvements to information exchange related 
to the security of North America. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall contain a description of the following: 
(1) SECURITY CLEARANCES AND DOCUMENT IN-
TEGRITY.—The status of the development of com-
mon enrollment, security, technical, and biometric 
standards for the issuance, authentication, valida-
tion, and repudiation of secure documents, includ-
ing— 
(A) technical and biometric standards 
based on best practices and consistent with 
international standards for the issuance, au-
thentication, validation, and repudiation of trav-
el documents, including— 
(i) passports; 
(ii) visas; and 
(iii) permanent resident cards; 
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(B) working with Canada and Mexico to 
encourage foreign governments to enact laws to 
combat alien smuggling and trafficking, and 
laws to forbid the use and manufacture of 
fraudulent travel documents; and 
(C) applying the necessary pressures and 
support to ensure that other countries meet 
proper travel document standards and are com-
mitted to travel document verification before 
the citizens of such countries travel internation-
ally, including travel by such citizens to the 
United States. 
(2) IMMIGRATION
AND
VISA
MANAGEMENT.— 
The progress of efforts to share information regard-
ing high-risk individuals who may attempt to enter 
Canada, Mexico, or the United States, including the 
progress made— 
(A) in implementing the Statement of Mu-
tual Understanding on Information Sharing, 
signed by Canada and the United States in 
February 2003; and 
(B) in identifying trends related to immi-
gration fraud, including asylum and document 
fraud, and to analyze such trends. 
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103 
(3) VISA POLICY COORDINATION AND IMMIGRA-
TION
SECURITY.—The progress made by Canada, 
Mexico, and the United States to enhance the secu-
rity of North America by cooperating on visa policy 
and identifying best practices regarding immigration 
security, including the progress made— 
(A) in enhancing consultation among offi-
cials who issue visas at the consulates or em-
bassies of Canada, Mexico, or the United States 
throughout the world to share information, 
trends, and best practices on visa flows; 
(B) in comparing the procedures and poli-
cies of Canada and the United States related to 
visitor visa processing, including— 
(i) application process; 
(ii) interview policy; 
(iii) general screening procedures; 
(iv) visa validity; 
(v) quality control measures; and 
(vi) access to appeal or review; 
(C) in exploring methods for Canada, Mex-
ico, and the United States to waive visa re-
quirements for nationals and citizens of the 
same foreign countries; 
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104 
(D) in developing and implementing an im-
migration security strategy for North America 
that works toward the development of a com-
mon security perimeter by enhancing technical 
assistance for programs and systems to support 
advance automated reporting and risk targeting 
of international passengers; 
(E) in sharing information on lost and sto-
len passports on a real-time basis among immi-
gration or law enforcement officials of Canada, 
Mexico, and the United States; and 
(F) in collecting 10 fingerprints from each 
individual who applies for a visa. 
(4) NORTH AMERICAN VISITOR OVERSTAY PRO-
GRAM.—The progress made by Canada and the 
United States in implementing parallel entry-exit 
tracking systems that, while respecting the privacy 
laws of both countries, share information regarding 
third country nationals who have overstayed their 
period of authorized admission in either Canada or 
the United States. 
(5) TERRORIST WATCH LISTS.—The status of 
the capacity of the United States to combat ter-
rorism through the coordination of counterterrorism 
efforts, including any progress made— 
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105 
(A) in developing and implementing bilat-
eral agreements between Canada and the 
United States and between Mexico and the 
United States to govern the sharing of terrorist 
watch list data and to comprehensively enu-
merate the uses of such data by the govern-
ments of each country; 
(B) in establishing appropriate linkages 
among Canada, Mexico, and the United States 
Terrorist Screening Center; 
(C) in exploring with foreign governments 
the establishment of a multilateral watch list 
mechanism that would facilitate direct coordina-
tion between the country that identifies an indi-
vidual as an individual included on a watch list, 
and the country that owns such list, including 
procedures that satisfy the security concerns 
and are consistent with the privacy and other 
laws of each participating country; and 
(D) in establishing transparent standards 
and processes that enable innocent individuals 
to remove their names from a watch list. 
(6) MONEY
LAUNDERING, CURRENCY
SMUG-
GLING, AND ALIEN SMUGGLING.—The progress made 
in improving information sharing and law enforce-
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106 
ment cooperation in combating organized crime, in-
cluding the progress made— 
(A) in combating currency smuggling, 
money laundering, alien smuggling, and traf-
ficking in alcohol, firearms, and explosives; 
(B) in determining the feasibility of formu-
lating a firearms trafficking action plan be-
tween Mexico and the United States; 
(C) in developing a joint threat assessment 
on organized crime between Canada and the 
United States; 
(D) in determining the feasibility of formu-
lating a joint threat assessment on organized 
crime between Mexico and the United States; 
(E) in developing mechanisms to exchange 
information on findings, seizures, and capture 
of individuals transporting undeclared currency; 
and 
(F) in developing and implementing a plan 
to combat the transnational threat of illegal 
drug trafficking. 
(7) LAW
ENFORCEMENT
COOPERATION.—The 
progress made in enhancing law enforcement co-
operation among Canada, Mexico, and the United 
States through enhanced technical assistance for the 
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107 
development and maintenance of a national database 
built upon identified best practices to identify sus-
pected criminals or terrorists, including exploring 
the formation of law enforcement teams that include 
personnel from the United States and Mexico, and 
appropriate procedures for such teams. 
SEC. 144. SOUTHERN BORDER SECURITY TASK FORCE. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Homeland Security shall establish a Southern Border Se-
curity Task Force (in this Act referred to as the ‘‘Task 
Force’’) to coordinate the efforts of Federal, State, and 
local border and law enforcement officials and task forces 
to protect United States border cities and communities 
from 
violence 
associated 
with 
drug 
trafficking, 
gunrunning, illegal alien smuggling, violence, and kidnap-
ping along and across the international border between the 
United States and Mexico. 
(b) COMPOSITION AND DEPLOYMENT.— 
(1) COMPOSITION.—The Task Force shall be 
comprised of personnel from— 
(A) United States Customs and Border 
Protection; 
(B) United States Immigration and Cus-
toms Enforcement; 
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(C) the Coast Guard; 
(D) other Federal agencies, as appropriate; 
(E) southern border State law enforcement 
agencies; and 
(F) local law enforcement agencies from 
affected southern border cities and commu-
nities. 
(2) DEPLOYMENT.—The Secretary of Home-
land Security shall deploy the Task Force along the 
international border between the United States and 
Mexico in cities and communities most affected by 
violence, as determined by the Secretary. 
(c) DIRECTOR.—The Secretary of Homeland Security 
shall appoint as a Director of the Task Force an individual 
who is experienced and knowledgeable in law enforcement 
generally and border security issues specifically. 
(d) REPORT.—Not later than 180 days after the date 
of the establishment of the Task Force under subsection 
(a) and annually thereafter, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Se-
curity of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the 
Senate a report on the effectiveness of the Task Force 
in reducing the drug trafficking, gunrunning, illegal alien 
smuggling, violence, and kidnapping along and across the 
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109 
international border between the United States and Mex-
ico as measured by crime statistics, including violent 
deaths, incidents of violence, and drug related arrests. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security $10,000,000 for each of fiscal years 2014 
through 2018— 
(1) to establish and operate the Task Force, in-
cluding to provide for operational, administrative, 
and technological costs to Federal, State, and local 
law enforcement agencies participating in the Task 
Force; and 
(2) to investigate, apprehend, and prosecute in-
dividuals engaged in drug trafficking, gunrunning, 
illegal alien smuggling, violence, and kidnapping 
along and across the international border between 
the United States and Mexico. 
SEC. 145. COOPERATION WITH THE GOVERNMENT OF MEX-
ICO. 
(a) COOPERATION
REGARDING
BORDER
SECU-
RITY.—The Secretary of State, in cooperation with the 
Secretary and representatives of Federal, State, and local 
law enforcement agencies that are involved in border secu-
rity and immigration enforcement efforts, shall work with 
the appropriate officials from the Government of Mexico 
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110 
to improve coordination between the United States and 
Mexico regarding— 
(1) improved border security along the inter-
national border between the United States and Mex-
ico; 
(2) the reduction of human trafficking and 
smuggling between the United States and Mexico; 
(3) the reduction of drug trafficking and smug-
gling between the United States and Mexico; 
(4) the reduction of gang membership in the 
United States and Mexico; 
(5) the reduction of violence against women in 
the United States and Mexico; and 
(6) the reduction of other violence and criminal 
activity. 
(b) COOPERATION REGARDING EDUCATION ON IMMI-
GRATION LAWS.—The Secretary of State, in cooperation 
with other appropriate Federal officials, shall work with 
the appropriate officials from the Government of Mexico 
to carry out activities to educate citizens and nationals 
of Mexico regarding eligibility for status as a non-
immigrant under Federal law to ensure that the citizens 
and nationals are not exploited while working in the 
United States. 
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111 
(c) COOPERATION REGARDING CIRCULAR MIGRA-
TION.—The Secretary of State, in cooperation with the 
Secretary of Labor and other appropriate Federal offi-
cials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between 
the United States and Mexico to encourage circular migra-
tion, including assisting in the development of economic 
opportunities and providing job training for citizens and 
nationals in Mexico. 
(d) CONSULTATION REQUIREMENT.—Federal, State, 
and local representatives in the United States shall work 
to cooperate with their counterparts in Mexico concerning 
border security structures along the international border 
between the United States and Mexico, as authorized by 
this title, in order to— 
(1) solicit the views of affected communities; 
(2) lessen tensions; and 
(3) foster greater understanding and stronger 
cooperation on this and other important security 
issues of mutual concern. 
(e) ANNUAL REPORT.—Not later than 180 days after 
the date of enactment of this Act, and annually thereafter, 
the Secretary of State shall submit to Congress a report 
on the actions taken by the United States and Mexico 
under this section. 
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112 
SEC. 146. ENHANCED INTERNATIONAL COOPERATION. 
(a) IN GENERAL.—The Attorney General, in coopera-
tion with the Secretary of State, shall— 
(1) assign agents of the Bureau of Alcohol, To-
bacco, Firearms, and Explosives to the United 
States mission in Mexico, to work with Mexican law 
enforcement agencies in conducting investigations 
relating to firearms trafficking and other criminal 
enterprises; 
(2) provide the equipment and technological re-
sources necessary to support investigations and to 
trace firearms recovered in Mexico; and 
(3) support the training of Mexican law en-
forcement officers in serial number restoration tech-
niques, canine explosive detection, and anti-traf-
ficking tactics. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $9,500,000 for each of fis-
cal years 2015 and 2016 to carry out this section. 
SEC. 147. EXPANSION OF COMMERCE SECURITY PRO-
GRAMS. 
(a) CUSTOMS–TRADE PARTNERSHIP AGAINST TER-
RORISM.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Commis-
sioner, in consultation with the Secretary, shall de-
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113 
velop a plan to expand the programs of the Cus-
toms–Trade Partnership Against Terrorism estab-
lished pursuant to section 211 of the SAFE Port 
Act (6 U.S.C. 961), including adding additional per-
sonnel for such programs, along the northern border 
and southern border, including the following pro-
grams: 
(A) The Business Anti-Smuggling Coali-
tion. 
(B) The Carrier Initiative Program. 
(C) The Americas Counter Smuggling Ini-
tiative. 
(D) The Container Security Initiative es-
tablished pursuant to section 205 of the SAFE 
Port Act (6 U.S.C. 945). 
(E) The Free and Secure Trade Initiative. 
(F) Other industry partnership programs 
administered by the Commissioner. 
(2) SOUTHERN BORDER DEMONSTRATION PRO-
GRAM.—Not later than 180 days after the date of 
enactment of this Act, the Commissioner shall imple-
ment, on a demonstration basis, at least 1 Customs– 
Trade Partnership Against Terrorism program, 
which has been successfully implemented along the 
northern border, along the southern border. 
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114 
(b) DEMONSTRATION PROGRAM.—Not later than 180 
days after the date of enactment of this Act, the Commis-
sioner shall establish a demonstration program to develop 
a cooperative trade security system to improve supply 
chain security. 
SEC. 148. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—In addition to any funds other-
wise available, there are authorized to be appropriated 
such sums as may be necessary for the fiscal years 2015 
through 2019 to carry out this subtitle. 
(b) INTERNATIONAL AGREEMENTS.—Amounts ap-
propriated pursuant to the authorization of appropriations 
in subsection (a) may be used for the implementation of 
projects described in the Declaration on Embracing Tech-
nology and Cooperation to Promote the Secure and Effi-
cient Flow of People and Commerce across our Shared 
Border between the United States and Mexico, agreed to 
March 22, 2002, Monterrey, Mexico or the Smart Border 
Declaration between the United States and Canada, 
agreed to December 12, 2001, Ottawa, Canada that are 
consistent with the provisions of this subtitle. 
Subtitle B—Detention 
SEC. 151. DEFINITIONS. 
In this subtitle: 
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(1) DETENTION.—The term ‘‘detention’’, in the 
context of an immigration-related enforcement activ-
ity, means government custody or any other depriva-
tion of an individual’s freedom of movement by gov-
ernment agents. 
(2) DETENTION FACILITY.—The term ‘‘deten-
tion facility’’ means any Federal, State, local govern-
ment facility, or privately owned and operated facil-
ity that is used to hold immigration detainees for 
more than 72 hours. 
(3) SHORT-TERM DETENTION FACILITY.—The 
term ‘‘short-term detention facility’’ means any Fed-
eral, State, local government facility, or privately 
owned and operated facility that is used to hold im-
migration detainees for 72 hours or less. 
(4) IMMIGRATION-RELATED ENFORCEMENT AC-
TIVITY.—The term ‘‘immigration-related enforce-
ment activity’’ means any government action in 
which— 
(A) an individual suspected of an immigra-
tion violation is detained for such violation; or 
(B) an individual who has been detained 
by government agents is questioned about pos-
sible immigration violations. 
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(5) SECURE
ALTERNATIVES
PROGRAMS.—The 
term ‘‘secure alternatives’’ means custodial or non- 
custodial programs under which aliens are screened 
and provided with appearance assistance services or 
placed in supervision programs as needed to ensure 
they appear at all immigration interviews, appoint-
ments and hearings. 
(6) UNACCOMPANIED
ALIEN
CHILDREN.—The 
term ‘‘unaccompanied alien child or children’’ shall 
be defined as found in section 462(g) of the Home-
land Security Act of 2002 (6 U.S.C. 279(g)). 
(7) APPREHENSION.—The term ‘‘apprehen-
sion’’, in the context of an immigration enforcement 
related activity, means government detention, arrest, 
or custody, or any significant deprivation of an indi-
viduals freedom of action by government officials or 
entities acting under agreement with the Depart-
ment of Homeland Security for suspicion of viola-
tions under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
(8) SSA.—The term ‘‘SSA’’ means the appro-
priate State or local service agency, including rel-
evant nongovernmental organizations, child welfare 
agencies, child protective service agencies, school and 
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117 
head start administrators, mental health and legal 
service providers, and hospitals. 
SEC. 152. DETENTION CONDITIONS. 
(a) IN GENERAL.—The Secretary shall— 
(1) ensure that all detainees are treated hu-
manely and granted the protections described in this 
section; and 
(2) comply with the minimum requirements set 
forth in this section. 
(b) QUALITY OF MEDICAL CARE.— 
(1) RIGHT TO MEDICAL CARE.—Each detainee 
has the right to— 
(A) prompt and adequate medical care, de-
signed to ensure continuity of care, at no cost 
to the detainee; 
(B) care to address medical needs that ex-
isted prior to detention; and 
(C) primary care, emergency care, chronic 
care, prenatal care, dental care, eye care, men-
tal health care, and other medically necessary 
specialized care. 
(2) SCREENINGS
AND
EXAMINATIONS.—Each 
detainee shall receive— 
(A) a comprehensive medical, dental, and 
mental 
health 
intake 
screening, 
including 
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screening for sexual abuse or assault by a li-
censed health care professional upon arrival at 
a detention facility or short-term detention fa-
cility; and 
(B) a comprehensive medical and mental 
health examination by a licensed health care 
professional not later than 14 days after the de-
tainee’s arrival at a detention facility. 
(3) MEDICATIONS AND TREATMENT.— 
(A) PRESCRIPTIONS.—Each detainee tak-
ing prescribed medications prior to detention 
shall be allowed to continue taking such medica-
tions, on schedule and without interruption, 
until and unless a licensed health care profes-
sional examines the immigration detainee and 
decides upon an alternative course of treatment. 
Detainees who arrive at a detention facility 
without prescription medications and report 
being on such medications shall be evaluated by 
a qualified health care professional not later 
than 24 hours after arrival. All decisions to dis-
continue or modify a detainee’s reported pre-
scription medication regimen shall be conveyed 
to the detainee in a language that the detainee 
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understands and shall be recorded in writing in 
the detainee’s medical records. 
(B) PSYCHOTROPIC
MEDICATION.—Medi-
cation may not be forcibly administered to a de-
tainee to facilitate transport, removal, or other-
wise to control the detainee’s behavior. Involun-
tary psychotropic medication may only be used, 
to the extent authorized by applicable law, in 
emergency situations after a physician has per-
sonally examined the detainee and determined 
that— 
(i) the detainee is imminently dan-
gerous to self or others due to a mental ill-
ness; and 
(ii) involuntary psychotropic medica-
tion is medically appropriate to treat the 
mental illness and necessary to prevent 
harm. 
(C) TREATMENT.—Each detainee shall be 
provided medically necessary treatment, includ-
ing prenatal care, prenatal vitamins, hormonal 
therapies, and birth control. Female detainees 
shall be provided with adequate access to sani-
tary products. 
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(4) MEDICAL CARE DECISIONS.—Any decision 
regarding requested medical care for a detainee— 
(A) shall be made in writing by an on-site 
licensed health care professional not later than 
72 hours after such medical care is requested; 
and 
(B) shall be immediately communicated to 
the detainee. 
(5) ADMINISTRATIVE APPEALS PROCESS.— 
(A) IN GENERAL.—Detention facilities, in 
conjunction with the Department of Homeland 
Security, shall ensure that detainees, medical 
providers, and legally appointed advocates have 
the opportunity to appeal a denial of requested 
health care services by an on-site provider to an 
independent appeals board. 
(B) APPEALS BOARD.—The appeals board 
shall include health care professionals in the 
fields relevant to the request for medical or 
mental health care. 
(C) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
ten decision regarding the appeal and notify the 
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121 
detention facility and the appellee of such deci-
sion. 
(6) REVIEW
OF
ON-SITE
MEDICAL
PROVIDER 
REQUESTS.— 
(A) IN GENERAL.—The Secretary shall re-
spond within 72 hours to any request by an on- 
site medical provider for authorization to pro-
vide medical or mental health care to a de-
tainee. 
(B) WRITTEN EXPLANATION.—If the Sec-
retary denies or fails to grant a request de-
scribed in subparagraph (A), the Secretary shall 
immediately provide a written explanation of 
the reasons for such decision to the on-site 
medical provider and the detainee. 
(C) APPEALS BOARD.—The on-site medical 
provider and the detainee (or the detainee’s le-
gally appointed advocate) shall be permitted to 
appeal the denial of, or failure to grant, a re-
quest described in subparagraph (A) to an inde-
pendent appeals board. 
(D) DECISION.—Not later than 7 days 
after an appeal is received by the appeals board 
under this paragraph, or earlier if medically 
necessary, the appeals board shall issue a writ-
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122 
ten decision regarding the appeal and notify the 
on-site medical provider, the detainee, and the 
detention facility of such decision. 
(7) CONDITIONAL RELEASE.— 
(A) IN
GENERAL.—If a licensed health 
care professional determines that a detainee has 
a medical or mental health care condition, is 
pregnant, or is a nursing mother, the Secretary 
shall consider releasing the detainee on parole, 
on bond, or into a secure alternatives program. 
(B) REEVALUATION.—If a detainee de-
scribed in subparagraph (A) is not initially re-
leased under this paragraph, the Secretary shall 
periodically reevaluate the situation of the de-
tainee to determine if such a release would be 
appropriate. 
(C) DISCHARGE
PLANNING.—Upon re-
moval or release, all detainees with medical or 
mental health conditions and women who are 
pregnant, post-natal, and nursing mothers shall 
receive discharge planning to ensure continuity 
of care for a reasonable period of time. 
(8) MEDICAL RECORDS.— 
(A) IN
GENERAL.—The Secretary shall 
maintain complete, confidential medical records 
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123 
for every detainee and make such records avail-
able to a detainee or to individuals authorized 
by the detainee not later than 72 hours after 
receiving a request for such records. 
(B) TRANSFER OF MEDICAL RECORDS.— 
Immediately upon a detainee’s transfer between 
detention facilities, the detainee’s complete 
medical records, including any transfer sum-
mary, shall be provided to the receiving deten-
tion facility. 
(c) ACCESS TO TELEPHONES.—Detention facilities 
shall provide to detainees reasonable and equitable access 
to working telephones, and the ability to contact, through 
confidential toll-free numbers, legal representatives, family 
courts, child protective services, foreign consulates, the im-
migration courts, Federal and State courts in which the 
detainee is, or may become, involved in a legal proceeding, 
the Board of Immigration Appeals, nongovernmental orga-
nizations designated by the Secretary, all government im-
migration agencies and adjudicatory bodies including the 
Office of the Inspector General of the Department of 
Homeland Security and the Office for Civil Rights and 
Civil Liberties of the Department of Homeland Security, 
in addition to persons and offices contacted for the pur-
pose of obtaining legal representation. Detention facilities 
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124 
shall provide to detainees access to telephones during facil-
ity working hours and on an emergency basis in accord-
ance with the following: 
(1) The detention facility shall provide to each 
detainee a copy of its rules governing telephone ac-
cess and shall post those rules, together with an ex-
planation of how to make calls, within sight of each 
telephone available to detainees. These rules shall be 
translated into Spanish and two additional lan-
guages spoken by a substantial part of the detainee 
population of the detention facility. If a detention fa-
cility has determined that more than 5 percent of its 
population is of a certain language group, the docu-
ment should be translated into that language 
group’s appropriate language. The detention facility 
shall also provide oral interpretation and written 
translation assistance to detainees in reading any 
relevant materials required to request telephone ac-
cess, including oral interpretation assistance for 
those who are not literate in English, Spanish, and 
other languages spoken by the detainee population 
of the facility. 
(2) The rates charged for telephone calls shall 
be reasonable and equitable and shall not signifi-
cantly impair detainees’ access to telephones. 
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125 
(3) The detention facility shall not restrict the 
number of calls detainees may place to their legal 
representatives or consular officials, or to any others 
for the purpose of obtaining legal representation, or 
limit the duration of those calls by rule or automatic 
cut-off, unless necessary for security reasons. The 
detention facility shall have a reasonable number of 
working phones available to detainees, and at a min-
imum one phone per each 25 users. 
(4) The detention facility shall ensure the pri-
vacy of telephone conversations between detainees 
and legal representatives or consular officials, and 
calls made for the purpose of obtaining legal rep-
resentation. Means to ensure privacy may include 
the use of privacy panels, the placement of phones 
in housing pods, and other appropriate measures. 
(5) Detainees’ telephone calls to a court, legal 
representative, or consular official, or for the pur-
pose of obtaining legal representation, shall not be 
monitored or recorded without a court order and 
without prior notification to the detainee. 
(6) The detention facility shall take and deliver 
telephone messages to detainees as promptly as pos-
sible, but no less often than twice a day. Detainees 
shall be permitted to make confidential telephone 
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126 
calls promptly within 8 hours of receipt of messages 
left by a court, legal representative, prospective legal 
representative, or consular official as soon as reason-
ably possible after the delivery of the message. 
(d) SEXUAL
ABUSE
REGULATIONS
CONCERNING 
CARE AND CUSTODY OF DETAINEES.— 
(1) IN
GENERAL.—Detention facilities shall 
take all necessary measures to prevent sexual abuse 
of detainees, including sexual assaults, and shall ob-
serve the minimum standards under the Prison Rape 
Elimination Act of 2003 (42 U.S.C. 15601 et seq.). 
(2) MEASURES WHERE ABUSE OCCURS.—Where 
sexual abuse occurs, detention facilities shall ensure 
that— 
(A) prompt and appropriate medical inter-
vention is taken to minimize medical and psy-
chological trauma; 
(B) a medical history is taken and a phys-
ical examination is conducted by qualified and 
culturally appropriate licensed medical profes-
sionals to determine the extent of physical in-
jury and whether referral to another medical fa-
cility is indicated; 
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(C) prophylactic treatment and follow-up 
for sexually transmitted diseases are provided 
within the appropriate timeframe; 
(D) the case is evaluated by a qualified 
and culturally appropriate mental health profes-
sional for crisis intervention counseling and 
long-term follow-up; 
(E) victims are separated from their abus-
ers and are considered for release on parole or 
for an alternative to detention program— 
(i) shall not result in the transfer of 
the victim away from counsel absent excep-
tional circumstances; and 
(ii) shall never result in the placement 
of the victim in solitary confinement; and 
(F) any and all medical and mental health 
records arising out of a detainee’s allegation of 
sexual abuse shall be treated as confidential, as 
required by the Health Insurance Portability 
and Accountability Act of 1996. 
(3) REPORTING.—A detention facility shall not 
subject any person to punishment or any other form 
of retaliation for reporting incidents of sexual abuse. 
(4) INVESTIGATION.—In all cases of alleged 
sexual abuse, the detention facility shall conduct a 
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128 
thorough and timely investigation and shall provide 
to the Secretary of Homeland Security a report of 
the circumstances and the response of the detention 
facility. If the report is not completed within 30 
days after alleged sexual abuse comes to the atten-
tion of the detention facility, the detention facility 
shall submit to the Secretary of Homeland Security 
a description of the status of the investigation and 
an estimated date of completion 30 days after the 
alleged sexual abuse comes to the attention of the 
detention facility and every 30 days thereafter until 
the report is provided to the Secretary of Homeland 
Security. The report required by this subsection 
shall include at minimum a determination of wheth-
er the alleged sexual abuse occurred, an in-depth 
analysis of the relevant facts including the causes of 
any sexual abuse that may have occurred and wheth-
er and to what extent the alleged abuse indicates a 
failure of policy, a failure of training, a failure of 
oversight, or a failure of management, and a de-
scription of the actions that the facility will take to 
prevent the occurrence of similar incidents in the fu-
ture and a plan for monitoring the implementation 
of those actions. The detention facility shall provide 
to the Secretary of Homeland Security periodic re-
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129 
ports monitoring the implementation of the plan in 
accordance with the schedule set forth in such plan 
as approved by the Secretary of Homeland Security. 
(e) TRANSFER OF DETAINEES.— 
(1) PROCEDURES.—In adopting procedures gov-
erning the transfer of individuals detained under the 
Immigration and Nationality Act (8 U.S.C. 1226), 
the Secretary of Homeland Security shall prohibit 
transfer of a detainee if such transfer would— 
(A) negatively affect an existing attorney- 
client relationship; 
(B) negatively affect the detainee’s legal 
proceedings, including merits or calendar hear-
ings, or a pending application with United 
States Citizenship and Immigration Services or 
the Executive Office for Immigration Review, 
by— 
(i) limiting the detainee’s access to se-
curing legal representation; 
(ii) limiting the detainee’s ability to 
prepare a legal defense to removal; or 
(iii) removing the detainee from the 
legal venue of such proceeding; 
(C) negatively affect the detainee’s health 
and medical fitness; or 
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(D) to the extent it does not conflict with 
clauses (i), (ii), and (iii)— 
(i) place the detainee in a location 
more distant from the detainee’s residence 
than the original detention location; or 
(ii) place the detainee in a location 
more distant from family members than 
the original detention location. 
(2) NOTICE.—Unless exigent circumstances dic-
tate an immediate transfer— 
(A) the Secretary of Homeland Security 
shall provide not less than 72 hours notice to 
any detainee prior to transferring the detainee 
to another detention facility; 
(B) detainees shall be afforded at least one 
toll-free call and the Secretary of Homeland Se-
curity shall notify the detainee’s legal represent-
ative or if unrepresented, an adult family mem-
ber or other person designated by the detainee, 
of the transfer and the detainee’s new location 
by telephone and in writing; 
(C) if removal proceedings are pending, the 
Secretary of Homeland Security shall also 
promptly notify the Immigration Court, Board 
of Immigration Appeals, or the Circuit Court of 
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131 
Appeals, as appropriate of the transfer and the 
detainee’s new address; and 
(D) the Secretary of Homeland Security 
shall not transfer any detainee who has already 
requested, and is awaiting, a bond hearing or a 
bond redetermination hearing. 
(3) EXCEPTION.—The Secretary may transfer a 
detainee who has an existing attorney-client relation-
ship to an alternate detention facility if such trans-
fer is necessitated by a highly unusual emergency, 
such as a natural disaster or comparable emergency. 
(4) PROTECTING DETAINEES LEGAL RIGHTS.— 
If the Secretary determines that a transfer is nec-
essary due to a highly unusual emergency, the Sec-
retary shall ensure that the detainee’s legal rights 
are not prejudiced and the existing attorney-client 
relationship is not impaired, including evaluating the 
location of the detention facility based on it prox-
imity to the detainee’s counsel or nongovernmental 
or pro bono organizations providing free or low cost 
immigration legal services. 
(5) RECORD.—In cases in which a detainee is 
transferred, the Secretary shall make a record of the 
reasons and circumstances necessitating such trans-
fer. 
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132 
SEC. 
153. 
SPECIFIC 
DETENTION 
REQUIREMENTS 
FOR 
SHORT-TERM DETENTION FACILITIES. 
(a) ACCESS TO BASIC NEEDS, PEOPLE, AND PROP-
ERTY.— 
(1) BASIC NEEDS.—All detainees in short-term 
detention facilities shall receive— 
(A) potable water; 
(B) food, if detained for more than 5 
hours; 
(C) basic toiletries, diapers, sanitary prod-
ucts, and blankets; 
(D) access to bathroom facilities; and 
(E) access to telephones. 
(2) PEOPLE.—The Secretary shall provide con-
sular officials with access to detainees held at any 
short-term detention facility. Detainees shall be af-
forded reasonable access to a licensed health care 
professional. The Secretary shall ensure that nursing 
mothers in such facilities have access to their chil-
dren. 
(3) PROPERTY.—Any property belonging to a 
detainee that was confiscated by an official of the 
Department of Homeland Security shall be returned 
to the detainee upon repatriation or transfer. 
(b) PROTECTIONS FOR CHILDREN.— 
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133 
(1) QUALIFIED
STAFF.—The Secretary shall 
ensure that adequately trained and qualified staff 
are stationed at each major port of entry at which, 
during the most recent 2 fiscal years, an average of 
not fewer than 50 unaccompanied alien children per 
year have been held by United States Customs and 
Border Protection, such staff shall include— 
(A) independent licensed social workers 
dedicated to ensuring the proper temporary 
care for the children while in the custody of 
United States Customs and Border Protection; 
and 
(B) agents charged primarily with the safe, 
swift, and humane transportation of such chil-
dren to the custody of the Office of Refugee Re-
settlement. 
(2) SPECIFIC RIGHTS.—The social workers de-
scribed in paragraph (1)(A) shall ensure that each 
unaccompanied alien child— 
(A) receives emergency medical care; 
(B) receives mental health care in case of 
trauma; 
(C) has access to psychosocial health serv-
ices; 
(D) is provided with— 
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134 
(i) a pillow, linens, and sufficient 
blankets to rest at a comfortable tempera-
ture; and 
(ii) a bed and mattress placed in an 
area specifically designated for residential 
use; 
(E) receives adequate nutrition; 
(F) enjoys a safe and sanitary living envi-
ronment; 
(G) receives educational materials; and 
(H) has access to at least 3 hours of in-
door and outdoor recreational programs and ac-
tivities per day. 
(c) CONFIDENTIALITY.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services shall maintain the privacy and con-
fidentiality of all information gathered in the course 
of providing care, custody, placement, and follow-up 
services to unaccompanied alien children and sepa-
rated children as defined in section 164(c), con-
sistent with the best interest of such children, by not 
disclosing such information to other government 
agencies or nonparental third parties, except as pro-
vided under paragraph (2). 
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135 
(2) LIMITED DISCLOSURE OF INFORMATION.— 
The Secretary may only disclose information regard-
ing an unaccompanied alien child if— 
(A) the child authorizes such disclosure 
and such is consistent with the child’s best in-
terest; or 
(B) the disclosure is to a duly recognized 
law enforcement entity and is necessary to pre-
vent imminent and serious harm to another in-
dividual. 
(3) WRITTEN RECORD.—All disclosures under 
paragraph (2) shall be duly recorded in writing and 
placed in the child’s file. 
SEC. 154. RULEMAKING AND ENFORCEMENT. 
(a) REGULATIONS.— 
(1) NOTICE OF PROPOSED RULEMAKING.—Not 
later than 60 days after the date of the enactment 
of this Act, the Secretary shall issue a notice of pro-
posed rulemaking regarding the implementation of 
this Act. 
(2) FINAL REGULATIONS.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall promulgate regulations, which shall 
be binding upon all detention facilities and short- 
term detention facilities, to ensure that the detention 
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136 
requirements under sections 142 and 143 are fully 
implemented and enforced and that all facilities 
comply with the regulations. 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—The Secretary shall enforce 
all regulations and standards promulgated under 
subsection (a). Not later than 180 days after the 
date of the enactment of this Act, the Secretary 
shall issue guidance to detention facilities and short- 
term detention facilities to ensure compliance with 
all the detention requirements under sections 142 
and 143. 
(2) INVESTIGATION.— 
(A) GRIEVANCES.—Each detainee has the 
right to file grievances with the staff of deten-
tion facilities, short-term detention facilities, 
and the Department of Homeland Security, and 
shall be protected from retaliation for exercising 
such right. 
(B) REVIEW.—The Secretary shall— 
(i) review any grievance or other com-
plaint containing evidence that a detention 
facility or short-term detention facility has 
violated any requirement under this Act; 
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137 
(ii) issue a determination in writing to 
the complainant indicating the Secretary’s 
findings regarding the alleged violation not 
later than 30 days after receiving such 
complaint; 
(iii) remedy any violation not later 
than 30 days after issuing a determination 
under clause (ii); and 
(iv) promptly advise the complainant 
of the remedy referred to in clause (iii). 
(C) WRITTEN
RESPONSE.—If the Sec-
retary issues a written response under subpara-
graph (B)(ii) indicating that no violation has 
occurred, such response shall constitute final 
agency action for the purposes of section 702 of 
title 5, United States Code. 
(3) PENALTIES.—The Secretary shall enforce 
compliance with the detention requirements under 
sections 142 and 143 by— 
(A) imposing financial penalties upon de-
tention facilities and short-term detention facili-
ties that are not in compliance with such re-
quirements; and 
(B) terminating the contracts of such fa-
cilities if such noncompliance persists. 
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138 
(4) COMPLIANCE OFFICER.— 
(A) DESIGNATION.—Each detention facil-
ity and short-term detention facility shall des-
ignate an officer to ensure compliance with the 
provisions of this Act. 
(B) DUTIES.—Each officer designated 
under subparagraph (A) shall— 
(i) investigate all evidence pertaining 
to a violation of this Act; and 
(ii) if a violation is identified, remedy 
the violation within 30 days. 
(C) JUDICIAL
REVIEW.—A detainee may 
not seek judicial review of the detention facili-
ty’s determination until after the passage of the 
30-day period, except where irreparable harm 
would result. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to preclude review of noncompliance 
with this Act under— 
(1) section 1331 or 2241 of title 28, United 
States Code; or 
(2) section 1979 of the Revised Statutes (42 
U.S.C. 1983). 
(d) PUNITIVE DAMAGES.—No individual may seek 
punitive damages for any violation under this Act. 
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139 
SEC. 155. IMMIGRATION DETENTION COMMISSION. 
(a) APPOINTMENT.—The Secretary shall appoint and 
convene an Immigration Detention Commission (referred 
to in this section as the ‘‘Commission’’), which shall be 
comprised of— 
(1) experts from United States Immigration 
and Customs Enforcement, United States Customs 
and Border Protection, the Office of Refugee Reset-
tlement, and the Division of Immigration Health 
Services of the Department of Health and Human 
Services; and 
(2) independent experts, in a number equal to 
the number of experts appointed under paragraph 
(1), from nongovernmental organizations and inter-
governmental organizations with expertise in work-
ing on behalf of detainees and other vulnerable pop-
ulations. 
(b) DUTIES.—The Commission shall conduct inde-
pendent investigations, and evaluate and report on the 
compliance of detention facilities, short-term detention fa-
cilities, and the Department of Homeland Security with 
the detention requirements under sections 142 and 143. 
(c) BIENNIAL REPORTS.—Not later than 60 days 
after the end of the first fiscal year beginning after the 
date of the enactment of this Act, and every 2 years there-
after, the Commission shall submit a report containing the 
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140 
findings of its investigations and evaluations under sub-
section (b) to— 
(1) the Committee on the Judiciary of the Sen-
ate; 
(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
(3) the Committee on the Judiciary of the 
House of Representatives; and 
(4) the Committee on Homeland Security of the 
House of Representatives. 
SEC. 156. DEATH IN CUSTODY REPORTING REQUIREMENT. 
(a) IN GENERAL.—If an individual dies while in the 
custody of the Department of Homeland Security or en 
route to or from such custody— 
(1) the supervising official at the detention fa-
cility or short-term detention facility at which the 
death took place shall immediately notify the Sec-
retary of such death; and 
(2) not later than 48 hours after receiving a no-
tification under paragraph (1), the Secretary shall 
report the death to— 
(A) the Office of the Inspector General of 
the Department of Homeland Security; and 
(B) the Department of Justice. 
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141 
(b) MORBIDITY AND MORTALITY REVIEW.—The De-
partment of Homeland Security shall complete an inves-
tigation of each detainee death that shall be conducted 
consistent with established medical practice for morbidity 
and mortality reviews and examine both individual and 
systemic contributors to the death. The investigation shall 
be conducted by a panel of physicians with experience in 
morbidity and mortality reviews and shall include the med-
ical staff of the facility or facilities that cared for the de-
ceased detainee, physicians from within the Department, 
and independent physicians not affiliated with the Depart-
ment or facility. The panel shall complete a report and 
corrective action plan in each case. 
(c) REPORT TO CONGRESS.—Not later than 60 days 
after the end of each fiscal year, the Secretary shall sub-
mit a report containing detailed information regarding all 
the deaths of individuals in the custody of the Department 
of Homeland Security during the preceding fiscal year to 
the committees set forth in section 155(c). 
(d) CONTENTS.—The reports submitted under sub-
section (a)(2) and subsection (c) shall include— 
(1) the name, gender, race, ethnicity, and age 
of the deceased; 
(2) the date, time, and location of death; 
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165 
(10) the number of parents, guardians, or care-
givers of children removed from the United States 
whose children accompany or join them; 
(11) the number of parents, guardians, or care-
givers of children removed from the United States 
who are removed without their children; 
(12) the number of occasions on which both 
parents of a particular children are removed from 
the United States without their children; 
(13) the length of time the parents, guardians, 
or caregivers of children were present in the United 
States before their removal from the United States; 
(14) the number of United States citizen chil-
dren that remain in the United States after the re-
moval of a parent, guardian, or caregiver; 
(15) the number of individuals apprehended de-
termined to be part of a vulnerable population re-
leased within specified time limit under section 
160(c); 
(16) the length of time between when an indi-
vidual is determined to be part of a vulnerable popu-
lation and that individual is released under section 
160(c); 
(17) the methodology of the Department of 
Homeland Security for notifying agents and entities 
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166 
under agreement with the Department of Homeland 
Security about standards regarding enforcement ac-
tions concerning vulnerable populations and holding 
them accountable when such standards are violated; 
(18) the number of officials of the Department 
of Homeland Security disciplined for violations dur-
ing apprehensions and in making detention deci-
sions; 
(19) transfers of immigrants during the course 
of an immigration-related enforcement activity, in-
cluding— 
(A) whether the immigrants had access to 
legal counsel before being transferred; 
(B) whether the immigrant received notice 
of an impending transfer; and 
(C) whether the immigrant was evaluated 
for vulnerability under section 160(a) before 
being transferred; 
(20) apprehension procedures for immigration- 
related enforcement activities, and compliance with 
screening procedures for vulnerable populations; 
(21) recommendations for improving immigra-
tion-related enforcement activities and fugitive oper-
ations by reducing the negative impact on children 
and vulnerable populations; 
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