H.R. 2872 — Introduced in House

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