,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhgb ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjac ,ms4 ,loretta ,sanchez of ,california introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,foreign ,affairs1 the ,judiciary1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 ,states1 and for other purposes4 #a4 ,short title2 ,definition2 ,table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,enforcement1 ,security1 and ,technology ,act of #bjac and ,,best ,act of #bjac4 7b7 ,definition ,in this ,act1 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 ,senate4 7c7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 ,definition2 ,table of contents4 ,title ,i--,comprehensive border security strategy ,sec4 #aja4 ,technology plan4 ,sec4 #ajb4 ,national ,strategy for ,border ,security4 ,sec4 #ajc4 ,roles and responsibility4 ,title ,,ii--,border security personnel and resources ,sec4 #bja4 ,maintenance of adequate ratio of supervisory and managerial agents to new agents4 ,sec4 #bjb4 ,strengthening border patrol recruitment and retention4 ,sec4 #bjc4 ,authorization of additional ,u4,s4 ,customs and ,border ,protection officers4 ,sec4 #bjd4 ,strengthening ,u4,s4 ,customs and ,border ,protection officer recruitment and retention4 ,sec4 #bje4 ,enhanced customer service standards and professionalism training4 ,sec4 #bjf4 ,u4,s4 ,customs and ,border ,protection officer training4 ,sec4 #bjg4 ,u4,s4 ,customs and ,border ,protection wait times transparency4 ,sec4 #bjh4 ,k-#i units4 ,sec4 #bji4 ,equipment and vehicle needs for ,customs and ,border ,protection officers and ,border ,patrol agents4 ,title ,,iii--,strengthening infrastructure and technology ,sec4 #cja4 ,pilot program on border connectivity4 ,title ,,iv--,securing the ports of entry ,sec4 #dja4 ,biometric exit data system4 ,sec4 #djb4 ,,nexus1 ,,sentri1 and ,,fast assessment4 ,sec4 #djc4 ,electronic device search and seizure standards at ports of entry4 ,title ,v--,federal1 ,state1 and local coordination and assistance ,sec4 #eja4 ,coordination of land and maritime border enforcement efforts4 ,sec4 #ejb4 ,department of ,homeland ,security ,border ,oversight ,task ,force4 ,title ,,vi--,international cooperation ,sec4 #fja4 ,north and ,central ,american border security cooperation initiative4 ,sec4 #fjb4 ,enhancing the security of ,mexico's southern border4 ,sec4 #fjc4 ,caribbean cooperation initiative4 ,title ,,vii--,secure and humane detention and effective repatriation4 ,sec4 #gja4 ,immigration detention standards4 ,sec4 #gjb4 ,detention management4 ,sec4 #gjc4 ,alternatives to detention for families and vulnerable populations4 ,sec4 #gjd4 ,short term detention standards at and between ports of entry4 ,sec4 #gje4 ,report on nondeportable aliens4 ,i ,comprehensive border security strategy #aja4 ,technology plan 7a7 ,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 ,states4 7b7 ,contents ,the plan required under subsection 7a7 shall include the following3 7#a7 ,a description of existing technologies employed along the international borders of the ,united ,states4 7#b7 ,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 ,act4 7#c7 ,a description of how the ,commissioner of ,united ,states ,customs and ,border ,protection and the ,commandant of the ,coast ,guard are working1 or are expected to work1 with the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security to identify and test new technology4 7#d7 ,a description of the specific technology to be deployed along the international borders of the ,united ,states4 7#e7 ,identification of any obstacles that may impede the deployment described in paragraph 7#d74 7#f7 ,a description on how the ,commissioner of ,united ,states ,customs and ,border ,protection shall consult with border communities in the development of technology4 7#g7 ,a description of how existing and proposed technologies and infrastructure used for land and maritime security will impact the environmental1 social1 economic1 and cultural conditions of surrounding communities4 7#h7 ,a detailed estimate of all costs associated with the deployment of new technology and infrastructure and with continued maintenance of such technologies and infrastructure4 7#i7 ,a detailed estimate of personnel needed to operate and maintain the technologies and infrastructure described in paragraph 7#h74 7#aj7 ,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 vehicles4 7#aa7 ,a description of technologies developed or utilized by the ,department of ,defense1 including any such technologies determined to be excess by the ,secretary of ,defense4 7c7 ,submission to ,congress ,not later than three months after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees the plan required under subsection 7a74 #ajb4 ,national ,strategy for ,border ,security 7a7 ,requirement for strategy ,the ,secretary of ,homeland ,security1 in consultation with the heads of other appropriate ,federal departments and agencies1 shall develop a ,national ,strategy for ,border ,security that describes actions to be carried out to achieve operational control over-- 7#a7 all ports of entry into the ,united ,states2 and 7#b7 the international borders of the ,united ,states4 7b7 ,contents ,the ,national ,strategy for ,border ,security required under subsection 7a7 shall include the following3 7#a7 ,the implementation schedule for the comprehensive technology plan for the security of the international borders required under section #aja4 7#b7 ,an assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the ,united ,states at locations along the international borders4 7#c7 ,a risk assessment for all ,united ,states ports of entry and all portions of the international borders of the ,united ,states1 including a description of activities being undertaken to-- 7,a7 prevent the entry into the ,united ,states of terrorists1 instruments of terrorism1 human traffickers1 criminal aliens1 perpetrators of criminal violence1 unlawful aliens1 narcotics1 and other contraband2 and 7,b7 protect critical infrastructure at or near such ports of entry or borders4 7#d7 ,a description of the legal requirements that prevent achieving and maintaining operational control over the international borders of the ,united ,states4 7#e7 ,a description of the most appropriate1 practical1 and cost-effective means of protecting the international borders of the ,united ,states against threats to security and illegal transit1 including intelligence capacities1 technology1 equipment1 personnel1 and training needed to address border security vulnerabilities4 7#f7 ,a description of staffing needs for all border security functions1 taking into account threat and vulnerability information pertaining to the international borders of the ,united ,states and the impact of new security programs1 policies1 and technologies4 7#g7 ,a description of the border security roles and missions of ,federal1 ,state1 regional1 local1 and tribal authorities1 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 manner4 7#h7 ,a description of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights1 private property rights1 privacy rights1 and civil liberties4 7#i7 ,an assessment of effects and reporting on deaths and injuries resulting from unlawful border crossings4 7#aj7 ,a prioritized list of research and development objectives to enhance the security of the international borders of the ,united ,states4 7#aa7 ,an assessment on how crossing times at port of entry border crossings impact legitimate border activity4 7#ab7 ,a description of the performance metrics to be used to ensure accountability by the components of the ,department of ,homeland ,security in implementing such ,strategy4 7#ac7 ,a schedule for the implementation of the security measures described in such ,strategy1 including a prioritization of security measures1 realistic deadlines for addressing security and enforcement needs1 an estimate of the resources required to carry out such measures1 and a description of how such resources should be allocated4 7c7 ,consultation ,in developing the ,national ,strategy for ,border ,security required under subsection 7a71 the ,secretary of ,homeland ,security shall consult with representatives of-- 7#a7 ,state1 local1 territorial1 and tribal authorities with responsibility for locations along the international borders of the ,united ,states2 and 7#b7 appropriate private sector entities1 labor organizations1 nongovernmental organizations1 and affected communities that have expertise in subject matter areas related to border policy4 7d7 ,coordination ,the ,national ,strategy for ,border ,security required under subsection 7a7 shall be consistent with the ,national ,strategy for ,maritime ,security developed pursuant to ,homeland ,security ,presidential ,directive #ac1 dated ,december #ba1 #bjjd4 7e7 ,submission to ,congress 7#a7 ,strategy ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees the ,national ,strategy for ,border ,security required under subsection 7a74 7#b7 ,updates ,the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees any update of such ,strategy that the ,secretary determines is necessary1 not later than #cj days after any such update is developed4 #ajc4 ,roles and responsibility 7a7 ,in general ,nothing in section #ajb or #ajc 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 ,states4 7b7 ,operational control defined ,in this title1 the term operational control means the ability to detect1 respond1 and interdict border penetrations in areas determined to be a high priority for threat potential or other national security objectives4 ,such ability may be limited to specific smuggling corridors or other geographically defined locations as designated by the ,secretary of ,homeland ,security4 ,,ii ,border security personnel and resources #bja4 ,maintenance of adequate ratio of supervisory and managerial agents to new agents 7a7 ,in general ,except as provided in subsection 7b71 the ,secretary of ,homeland ,security shall maintain a ratio of five new ,border ,patrol agents to every one supervisor4 7b7 ,exception ,subsection 7a7 shall not apply in the case of a work unit with an average length of service of four or more years4 7c7 ,new ,border ,patrol agent defined ,in this section1 the term new ,border ,patrol agent means a ,border ,patrol agent who has fewer than two years of experience4 #bjb4 ,strengthening border patrol recruitment and retention 7a7 ,in general ,the ,secretary of ,homeland ,security shall1 in accordance with existing ,federal statutes applicable to pay1 recruitment1 and retention of ,federal law enforcement officers1 address the recruitment and retention challenges faced by the ,border ,patrol1 including the following3 7#a7 ,the establishment of a recruitment incentive for ,border ,patrol agents1 including the establishment of a foreign language incentive award4 7#b7 ,the establishment of a retention plan1 including the payment of bonuses to ,border ,patrol agents for every year of service after the first two years of service4 7#c7 ,an increase in the pay percentage differentials to ,border ,patrol agents in certain high-cost areas1 as determined by the ,secretary of ,homeland ,security1 in accordance with other ,federal1 ,state1 and local law enforcement agencies4 7#d7 ,the basic rate of pay for ,border ,patrol agents shall increase from the annual rate of basic pay for positions at ,,gs-#ab of the ,general ,schedule to the annual rate of basic pay for positions at ,,gs-#ac of such ,schedule4 7#e7 ,the establishment of quarterly goals for the recruitment of new ,border ,patrol agents1 including goals for the number of such recruits entering ,border ,patrol training1 and the number of such recruits who successfully complete such training and become ,border ,patrol agents4 7b7 ,applicability of recruitment incentive to current ,border ,patrol agents ,any recruitment incentive described in subsection 7a77#a7 shall be applicable for ,border ,patrol agents currently employed by the ,department of ,homeland ,security who may qualify for such incentive4 7c7 ,supervisor training capacity ,the ,secretary of ,homeland ,security shall expand the training capacity at the ,federal ,law ,enforcement ,training ,center 7,,fletc7 in ,artesia1 ,new ,mexico1 to the extent necessary to train and maintain the ratio specified in section #bja4 7d7 ,reporting requirements relating to recruitment and retention progress ,not later than #ij days after the date of the enactment of this ,act and every #ij days thereafter1 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 section4 #bjc4 ,authorization of additional ,u4,s4 ,customs and ,border ,protection officers ,not later than ,september #cj1 #bjad1 the ,secretary of ,homeland ,security is authorized to increase the number of ,u4,s4 ,customs and ,border ,protection officers by #a1fjj over the number of such officers in existence as of the date of the enactment of this ,act4 #bjd4 ,strengthening ,u4,s4 ,customs and ,border ,protection officer recruitment and retention 7a7 ,required plan ,the ,secretary of ,homeland ,security shall establish a plan1 in accordance with existing ,federal statutes applicable to pay1 recruitment1 and retention of ,federal law enforcement officers1 to address the recruitment and retention challenges faced by ,u4,s4 ,customs and ,border ,protection4 ,such plan shall include the following components3 7#a7 ,the establishment of a retention plan1 including the payment of bonuses to ,u4,s4 ,customs and ,border ,protection officers for every year of service after the first two years of service4 7#b7 ,an increase in the pay percentage differentials to ,u4,s4 ,customs and ,border ,protection officers in certain high-cost areas1 as determined by the ,secretary of ,homeland ,security1 in accordance with other ,federal1 ,state1 and local law enforcement agencies4 7#c7 ,an increase in the annual rate of basic pay for ,u4,s4 ,customs and ,border ,protection ,officers at ,,gs-#ab of the ,general ,schedule to the annual rate of basic pay for positions at ,,gs-#ac of such ,schedule4 7#d7 ,the establishment of quarterly goals for the recruitment of new ,u4,s4 ,customs and ,border ,protection officers1 including goals for the number of such recruits entering ,u4,s4 ,customs and ,border ,protection officer training1 and the number of such recruits who successfully complete such training and become ,u4,s4 ,customs and ,border ,protection officers4 7b7 ,reporting requirements relating to recruitment and retention progress ,not later than #ij days after the date of the enactment of this ,act and every #ij days thereafter1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report on the resources expended for ,u4,s4 ,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 ,u4,s4 ,customs and ,border ,protection officers under this section4 #bje4 ,enhanced customer service standards and professionalism training 7a7 ,plans required ,the ,secretary of ,homeland ,security shall implement a comprehensive plan1 based on publicly communicated metrics1 for ,u4,s4 ,customs and ,border ,protection to improve professionalism and customer service4 7b7 ,plan components ,the plan required under subsection 7a7 shall include each of the following3 7#a7 ,information on the metrics ,u4,s4 ,customs and ,border ,protection will use to measure customer service4 7#b7 ,information on the metrics ,u4,s4 ,customs and ,border ,protection will use to measure professionalism4 7#c7 ,the implementation of a system to improve customer service by soliciting customer comments combining in person1 phone1 and online solutions4 7#d7 ,the establishment of customer service best practices based on the customer service metrics referred to in paragraph 7#a74 7#e7 ,the establishment of professionalism best practices based on the professionalism metrics referred to in paragraph 7#b74 7#f7 ,a requirement that ,u4,s4 ,customs and ,border ,protection submit to ,congress quarterly reports on the agency's performance against the customer service metrics referred to in paragraph 7#a71 the professionalism metrics referred to in paragraph 7#b71 the best practices referred to in paragraph 7#d71 and the best practices referred to in paragraph 7#e74 7c7 ,annual reports to ,congress ,at least once each year1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report on ,u4,s4 ,customs and ,border ,protection4 ,each such report shall include-- 7#a7 an assessment of ,u4,s4 ,customs and ,border ,protection's customer service performance based on the metrics referred to in subsection 7b77#a72 7#b7 a detailed description of customer service improvements sought by customers2 7#c7 customer service improvements sought by ,department of ,homeland ,security metrics1 and the costs associated with such improvements2 7#d7 the security and efficiency benefits derived from such improvements2 7#e7 an assessment of ,u4,s4 ,customs and ,border ,protection's professionalism performance based on the metrics referred to in subsection 7b77#b72 7#f7 a description of any improvements in ,u4,s4 ,customs and ,border ,protection's professionalism1 and costs associated with such improvements2 and 7#g7 the security and efficiency benefits derived from such improvements4 7d7 ,oversight ,the ,department of ,homeland ,security's ,office of ,civil ,rights and ,civil ,liberties shall have oversight of-- 7#a7 the customer service and professionalism efforts of ,u4,s4 ,customs and ,border ,protection under this section to ensure that comments are collected1 analyzed1 and responded to in a timely manner2 and 7#b7 the development of monthly reports detailing the number and types of such comments submitted by the public1 which shall be made available to the public through the ,department's ,web site4 #bjf4 ,u4,s4 ,customs and ,border ,protection officer training 7a7 ,ensuring customs and border protection officer training ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,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-- 7#a7 the assigned port placement location2 7#b7 the specific assignment and responsibilities2 7#c7 the required initial training courses completed2 7#d7 the required ongoing training courses available and completed2 7#e7 for each training course completed1 the method by which such training course was delivered2 7#f7 for each training course1 the time allocated during on-duty hours within which training must be completed2 7#g7 for each training course offered1 the duration of training and the amount of time an officer must be absent from work to complete such training course2 7#h7 if training has been postponed1 the basis for postponing such training and the date such training was completed2 7#i7 certification or evidence of completion of each training course2 and 7#aj7 certification by a supervising officer that the officer at issue is able to carry out the function for which the training was provided4 7b7 ,identifying and enhancing on-the-,job training ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 review the mission and responsibilities of ,customs and ,border ,protection officers carried out at air1 land1 and sea ports of entry in both primary and secondary inspections areas2 7#b7 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 entry1 including tasks to be performed in such primary and secondary inspections areas2 7#c7 ensure that on-the-job training includes supervised and evaluated performance of the tasks identified in paragraph 7#b71 or a supervised and evaluated practical training exercise that simulates the on-the-job experience2 and 7#d7 develop criteria to measure officer proficiency in performing the tasks identified in paragraph 7#b7 and for providing feedback to officers on a regular basis4 7c7 ,use of data ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall use the information developed under subsection 7a7 and subsection 7b77#b7 to-- 7#a7 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 land1 air1 and sea ports of entry2 7#b7 measure progress toward achieving the training requirements referred to in paragraph 7#a72 and 7#c7 make staffing allocation decisions4 7d7 ,competency ,supervisors of on-the-job training for ,customs and ,border ,protection officers shall-- 7#a7 attest to the competency of such officers to carry out the functions for which such officers received training2 and 7#b7 provide feedback to such officers on performance4 #bjg4 ,u4,s4 ,customs and ,border ,protection wait times transparency ,to increase professionalism and transparency1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall-- 7#a7 publish live wait times at all ,united ,states ports of entry1 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 officer2 7#b7 make information about such wait time available to the public in real time through the ,u4,s4 ,customs and ,border ,protection ,web site2 7#c7 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 times2 and 7#d7 provide adequate staffing at the ,u4,s4 ,customs and ,border ,protection information center to reduce wait times to under #aj minutes for travelers attempting to submit comments or speak with a representative about their entry experiences4 #bjh4 ,k-#i units 7a7 ,in general ,the ,secretary of ,homeland ,security shall increase by #bj percent the number of ,k-#i units working within ,u4,s4 ,customs and ,border ,protection over the number of such units in existence at the end of fiscal year #bjac1 including adding infrastructure1 officers1 and support staff necessary for such additional units4 7b7 ,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-#i units added under subsection 7a74 ,such units shall be used only for bomb1 narcotics1 passenger1 and currency detection purposes4 #bji4 ,equipment and vehicle needs for ,customs and ,border ,protection officers and ,border ,patrol agents 7a7 ,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 agents4 7b7 ,equipment and vehicles ,equipment and vehicle needs under subsection 7a7 shall include the following3 7#a7 ,the ,secretary of ,homeland ,security1 acting through the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 shall account for the number of helicopters and power boats4 ,the ,secretary shall ensure that the appropriate types of helicopters that are being requested will be mission capable4 ,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 requirements4 7#b7 ,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 and1 when necessary1 by ,customs and ,border ,protection officers1 that will permit a ratio of at least one mission specific vehicle per every three agents or officers4 ,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 distress4 7#c7 ,the ,secretary of ,homeland ,security shall equip each mission specific vehicle in the fleet of the ,border ,patrol and when necessary1 ,u4,s4 ,customs and ,border ,protection1 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 and1 when necessary1 ,u4,s4 ,customs and ,border ,protection4 ,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 distress4 7#d7 ,the ,secretary of ,homeland ,security shall equip each ,border ,patrol agent1 and when necessary1 each ,u4,s4 ,customs and ,border ,protection officer1 with a hand-held global positioning system device for navigational purposes4 7#e7 ,the ,secretary of ,homeland ,security provide for the equipment needs for night time operations1 including night vision equipment1 by ,customs and ,border ,protection officers and ,border ,patrol agents4 7#f7 ,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 officers4 7c7 ,use and training ,the ,secretary of ,homeland ,security shall establish an overall policy on how the equipment and vehicles described in subsection 7b7 will be used1 and implement training programs for the agents and officers who use such equipment and vehicles1 including safe operating procedures and rescue operations4 ,,iii ,strengthening infrastructure and technology #cja4 ,pilot program on border connectivity 7a7 ,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 node4 ,such pilot program shall be designed to-- 7#a7 test and deploy #c;,g_/#d;,g communications and intelligence collection devices2 7#b7 evaluate and test solutions that are ruggedized1 rapidly deployable1 highly mobile1 and customizable cellular network capable of meeting multimission requirements and providing complete connectivity in harsh and dynamic operating environments2 7#c7 support the breadth of cellular technologies1 including technologies currently being leveraged by the ,department of ,defense2 7#d7 test and evaluate communications that are interoperable with existing communications capabilities1 such as tactical push-to-talk radios2 7#e7 pass data via the platform that includes biometric1 forensic1 and cellular exploitation data2 7#f7 provide communications and data transport capabilities that are available on-the-move with no disruption in service and that integrate advanced geo-location capabilities2 7#g7 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 needs2 and 7#h7 provide secure communications and the rapid dissemination of biometric1 forensic1 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 feedback4 7b7 ,report to congress ,not later than #abj days after the date of the enactment of this ,act1 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 7a74 ,,iv ,securing the ports of entry #dja4 ,biometric exit data system 7a7 ,establishment 7#a7 ,exit data system ,not later than ,december #ca1 #bjae1 the ,secretary of ,homeland ,security shall establish a mandatory exit data system that includes the collection of data from machine-readable visas1 passports1 and other travel and entry documents for all categories of aliens who are exiting from air and sea ports of entry4 7#b7 ,biometric exit data system ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in accordance with subsection 7b7 and in consultation with nongovernmental organizations1 academic experts1 and appropriate stakeholders representing the aviation and transportation industries1 shall establish a mandatory biometric exit data system at the ten ,united ,states airports that support the highest volume of international air travel1 as determined by ,department of ,transportation international flight departure data4 7#c7 ,study and report ,not later than three years after the establishment of the mandatory biometric exit data system under paragraph 7#b71 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 study4 7#d7 ,expansion of biometric exit data system ,not later than four years after the establishment of the mandatory biometric exit data system under paragraph 7#b71 the ,secretary of ,homeland ,security shall-- 7,a7 establish such system at the ,core #cj international airports in the ,united ,states1 as designated by the ,federal ,aviation ,administration2 and 7,b7 submit to the appropriate congressional committee a plan for the establishment of such system at major sea and land ports of entry based upon-- 7i7 the performance of such system at the ten airports referred to in such paragraph2 and 7ii7 the findings of the study conducted pursuant to paragraph 7#c74 7b7 ,requirements for biometric exit data system ,the mandatory biometric exit data system established under subsection 7a77#b7 shall-- 7#a7 recognize the advantages of being able to confirm an individual's identity1 and potentially such individual's threat level1 upon initial interaction at ports of entry2 7#b7 leverage existing and proven biometric technologies utilized within the ,department of ,homeland ,security2 7#c7 capitalize on lessons learned from the ,department of ,defense use of biometric technologies in ,iraq and ,afghanistan2 7#d7 integrate with existing biometric databases across the ,federal ,government2 7#e7 assess the role of biometric technologies in the ,department of ,homeland ,security's risk-based security model2 and 7#f7 assess operational and funding requirements of ,department of ,homeland ,security components1 specifically ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement4 #djb4 ,,nexus1 ,,sentri1 and ,,fast assessment ,the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a study of registered traveler programs that-- 7#a7 evaluates existing screening procedures to focus on security risks and creating clear guidelines for program participation2 7#b7 identifies any vulnerabilities in such procedures and making recommendations to rectify such vulnerabilities2 and 7#c7 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 operation1 provided that any existing vulnerabilities are addressed4 #djc4 ,electronic device search and seizure standards at ports of entry 7a7 ,rule with respect to border security searches of electronic devices 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 in coordination with the ,assistant ,secretary of ,homeland ,security for ,u4,s4 ,immigration and ,customs ,enforcement and the senior official appointed pursuant to section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb71 shall issue a rule with respect to the scope of and procedural and recordkeeping requirements associated with border security searches of electronic devices4 7#b7 ,content ,the rule issued pursuant to paragraph 7#a7 shall include the following3 7,a7 ,a requirement that information collected during a border security search of an electronic device that is determined to be commercial information1 including trade secrets1 information subject to attorney-client privilege1 information subject to doctor-patient privilege1 or information subject to another privilege or protection shall be handled in accordance with the laws1 rules1 and regulations governing such information and shall not be shared with a ,federal1 ,state1 local1 tribal1 territorial1 or foreign agency unless it is determined that such agency has the mechanisms in place to comply with such laws1 rules1 and regulations4 7,b7 ,a requirement that authorized agents1 to the greatest extent practicable1 conduct all border security searches of electronic devices in the presence of a supervisor and1 where appropriate1 in the presence of the individuals whose electronic devices are subject to such searches4 7,c7 ,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 retained1 unless probable cause exists1 that prohibits retention exceeding the period necessary to translate1 decrypt1 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 days4 7,d7 ,a requirement that if information collected from an electronic device subjected to a border security search is copied1 shared1 retained1 or entered into an electronic database1 the individual from whose electronic device such information is collected shall receive written notification of such copying1 sharing1 retention1 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 rule4 7,e7 ,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 individual4 7,f7 ,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 ,security4 7,g7 ,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 searches4 7,h7 ,a privacy impact assessment of the rule1 as prepared by the senior official appointed pursuant to section #bbb of the ,homeland ,security ,act of #bjjb1 that includes recommendations with respect to the copying1 sharing1 retention1 and entry into an electronic database of personally identifiable information collected from electronic devices subjected to a border security search4 7,i7 ,a civil liberties impact assessment of the rule1 as prepared by the ,officer for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security4 7b7 ,training and auditing with respect to the rule 7#a7 ,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 7a74 ,the training shall include instruction on constitutional1 privacy1 civil rights1 and civil liberties issues related to such searches4 7#b7 ,auditing ,the ,secretary of ,homeland ,security1 acting through the ,inspector ,general of the ,department of ,homeland ,security1 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 7a74 7c7 ,report ,not later than #ij days after the effective date of the rule issued pursuant to subsection 7a7 and quarterly thereafter1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report that includes the following3 7#a7 ,a description of the activities of authorized agents with respect to border security searches of electronic devices4 7#b7 ,a description of the manner in which the ,department of ,homeland ,security has complied with the requirements of this section4 7#c7 ,the number1 by port of entry1 of border security searches of electronic devices conducted during the reporting period4 7#d7 ,the number1 by port of entry1 of instances during the reporting period that information from an electronic device subjected to a border security search was retained1 copied1 shared1 or entered in an electronic database1 including the number of electronic devices retained as the result of any such border security search4 7#e7 ,the race1 ethnicity1 national origin1 and citizenship of each individual whose electronic device was subjected to a border security search during the reporting period1 to determine the existence or absence of racial profiling4 7#f7 ,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 action1 including whether such information resulted in a prosecution or conviction4 7d7 ,definitions ,in this section3 7#a7 ,authorized agent ,the term authorized agent means an agent1 officer1 or official of ,united ,states ,customs and ,border ,protection1 ,united ,states ,immigration and ,customs ,enforcement1 or any other office or agency of the ,department of ,homeland ,security who is authorized to conduct a border security search4 7#b7 ,border security search ,the term border security search means a search by an authorized agent of persons1 baggage1 or cargo entering1 departing1 or passing through the ,united ,states through any port of entry4 7#c7 ,electronic device ,the term electronic device means an electronic1 magnetic1 optical1 electrochemical1 or other high-speed data processing device performing logical1 arithmetic1 or storage functions1 such as a computer1 a cellular telephone1 or any other device used for electronic communication or for storing electronic1 digital or analog data1 and which includes any data storage facility or communications facility directly related to or operating in conjunction with such device4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 ,v ,federal1 ,state1 and local coordination and assistance #eja4 ,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 ,u4,s4 ,customs and ,border ,protection and the ,coast ,guard regarding land and maritime border enforcement efforts and make recommendations to enhance such coordination1 rectify any jurisdictional issues that are identified1 and improve such border security enforcement efforts4 #ejb4 ,department of ,homeland ,security ,border ,oversight ,task ,force 7a7 ,establishment 7#a7 ,in general ,there is established an independent task force1 which shall be known as the ,department of ,homeland ,security ,border ,oversight ,task ,force 7referred to in this section as the ,,dhs ,task ,force74 7#b7 ,duties ,the ,,dhs ,task ,force shall-- 7,a7 review and make recommendations regarding immigration and border enforcement policies1 strategies1 and programs that take into consideration their impacts on border communities2 7,b7 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 policies1 strategies1 and programs2 7,c7 evaluate how the policies1 strategies1 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 process1 civil1 and human rights of border residents1 visitors1 and migrants at and near such borders2 and 7,d7 evaluate and make recommendations regarding the training of border enforcement personnel4 7#c7 ,membership 7,a7 ,in general ,the ,,dhs ,task ,force shall be composed of #bf members1 appointed by the ,president1 who have expertise in migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 quality of life indicators1 or other pertinent experience1 of whom-- 7i7 #ac members shall be from the northern border region and shall include-- 7,i7 two local government elected officials2 7,,ii7 two local law enforcement official2 7,,iii7 two civil rights advocates2 7,,iv7 one business representative2 7,v7 one higher education representative2 7,,vi7 one representative of a faith community2 7,,vii7 two representatives of the ,border ,patrol2 and 7,,viii7 two tribal officials2 and 7ii7 #ag members shall be from the southern border region and shall include-- 7,i7 three local government elected officials2 7,,ii7 three local law enforcement officials2 7,,iii7 three civil rights advocates2 7,,iv7 two business representatives2 7,v7 one higher education representative2 7,,vi7 one representative of a faith community2 7,,vii7 two representatives of the ,border ,patrol2 and 7,,viii7 two tribal officials4 7,b7 ,nongovernmental appointees ,individuals appointed as members of the ,,dhs ,task ,force may not be employed by the ,federal ,government4 7,c7 ,term of service ,members of the ,task ,force shall be appointed for the shorter of-- 7i7 three years2 or 7ii7 the duration of the ,,dhs ,task ,force4 7,d7 ,chair1 vice chair ,the members of the ,,dhs ,task ,force shall elect a ,chair and a ,vice ,chair from among its members1 who shall serve in such capacities for the duration of the ,,dhs ,task ,force or until removed by the majority vote of at least #ad members4 7b7 ,operations 7#a7 ,initial meeting ,the ,,dhs ,task ,force shall hold its first meeting not later than #ij days after the date of the enactment of this ,act4 7#b7 ,hearings ,the ,,dhs ,task ,force may1 for the purpose of carrying out its duties1 hold hearings1 sit and act1 take testimony1 receive evidence1 and administer oaths4 7#c7 ,recommendations ,the ,,dhs ,task ,force may make findings or recommendations to the ,secretary of ,homeland ,security related to the duties described in subsection 7a77#b74 7#d7 ,response ,not later than #ahj days after receiving the findings and recommendations from the ,,dhs ,task ,force under paragraph 7#b71 the ,secretary of ,homeland ,security shall issue a response that describes how the ,department of ,homeland ,security has addressed1 or will address1 such findings and recommendations4 7#e7 ,information from ,federal agencies ,the ,chair1 or #af members of the ,,dhs ,task ,force1 may request statistics relating to the duties described in subsection 7a77#b7 directly from the head of any ,federal agency1 who shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,,dhs ,task ,force4 7#f7 ,compensation ,members of the ,,dhs ,task ,force shall serve without pay1 but shall be reimbursed for reasonable travel and subsistence expenses incurred in the performance of their duties4 7c7 ,report ,not later than two years after its first meeting under subsection 7b77#a71 the ,,dhs ,task ,force shall submit to the ,president1 the appropriate congressional committees1 and the ,secretary of ,homeland ,security a final report that contains-- 7#a7 findings with respect to the duties of the ,,dhs ,task ,force2 and 7#b7 recommendations regarding border and immigration enforcement policies1 strategies1 and programs1 including-- 7,a7 a recommendation as to whether the ,,dhs ,task ,force should continue to operate2 and 7,b7 a description of any duties the ,,dhs ,task ,force should be responsible for after the termination date described in subsection 7d74 ,,vi ,international cooperation #fja4 ,north and ,central ,american border security cooperation initiative 7a7 ,assessment of needs ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,state1 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 ,states1 ,canada1 and ,mexico1 to meet such needs4 7b7 ,provision of assistance 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,state1 shall work with the appropriate officials of the governments of the countries of ,central ,america to provide1 pursuant to the assessment of specific needs determined under subsection 7a71 the necessary equipment1 technical assistance1 and vehicles to manage1 regulate1 and patrol the international borders of such countries4 ,the ,secretary of ,homeland ,security shall establish ,special ,vetted ,units of ,u4,s4 ,immigration and ,customs ,enforcement in ,central ,american countries1 including in ,honduras1 where such units do not currently exist4 7#b7 ,reporting ,the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees periodic reports on the utilization of ,united ,states assistance under paragraph 7#a7 and the effectiveness of such assistance4 #fjb4 ,enhancing the security of ,mexico's southern border 7a7 ,provision of assistance ,the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,state1 shall provide to ,mexico assistance to help secure ,mexico's southern border from undocumented aliens1 drugs1 weapons1 and other contraband4 7b7 ,reporting ,the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,state1 shall submit to the appropriate congressional committees an annual report on the assistance provided in accordance with subsection 7a7 and an evaluation of its effectiveness4 #fjc4 ,caribbean cooperation initiative 7a7 ,assessment of needs ,the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,state1 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 security4 7b7 ,provision of assistance 7#a7 ,in general ,the ,secretary of ,homeland ,security1 in cooperation with the ,secretary of ,state1 shall work with appropriate officials of the governments of the countries of the ,caribbean to provide1 pursuant to the assessment of specific needs determined under subsection 7a71 the necessary equipment1 technical assistance1 and vehicles to manage1 regulate1 and patrol the international maritime borders of such countries4 ,the ,secretary of ,homeland ,security shall establish ,special ,vetted ,units of ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 and the ,coast ,guard in such ,caribbean countries1 where such units do not currently exist4 7#b7 ,reporting ,the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees periodic reports on the utilization of ,united ,states assistance under paragraph 7#a7 and the effectiveness of such assistance4 ,,vii ,secure and humane detention and effective repatriation4 #gja4 ,immigration detention standards 7a7 ,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 detainees1 including guidelines specifically for children at family detention centers4 7b7 ,minimum standards ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish minimum standards for the treatment of immigration detainees that shall include at a minimum the following3 7#a7 ,fair and humane treatment ,procedures to ensure that detainees are not subject to degrading or inhumane treatment such as physical abuse1 sexual abuse or harassment1 or arbitrary punishment4 7#b7 ,limitations on solitary confinement ,solitary confinement shall be used only in exceptional cases1 for as short a time as possible1 and only as a last resort4 ,the decision to place someone in solitary confinement should be reviewed regularly and should not exceed #cj days4 ,children and the mentally ill shall not be placed in solitary confinement4 ,procedures limiting the use of solitary confinement1 shackling1 and strip searches of detainees to situations where the use of such techniques is necessitated by security interests or other extraordinary circumstances4 7#c7 ,investigation of grievances ,procedures for the prompt and effective investigation of grievances raised by detainees4 7#d7 ,access to telephones ,procedures permitting detainees sufficient access to telephones1 and the ability to contact1 free of charge1 legal representatives1 the immigration courts1 the ,board of ,immigration ,appeals1 and the ,federal courts through confidential toll-free numbers4 7#e7 ,location of facilities ,location of detention facilities1 to the extent practicable1 near sources of free or low-cost legal representation with expertise in asylum or immigration law4 7#f7 ,procedures governing transfers of detainees ,procedures governing the transfer of a detainee that take into account-- 7,a7 the detainee's access to legal representatives1 existing attorney-client relationship and location of family within the ,united ,states2 and 7,b7 the proximity of the facility to the venue of the removal proceeding4 7#g7 ,interpretation and translation capabilities ,the employment of detention facility staff that1 to the extent practicable1 are qualified in the languages represented in the population of detainees at a detention facility1 and the provision of alternative interpretation services and translation of vital documents when necessary4 7#h7 ,recreational programs and activities ,daily access to indoor and outdoor recreational programs and activities4 7#i7 ,access to counsel and legal information ,access to legal orientation presentation programs1 counsel1 information about one's legal case1 including prompt filing of the notice to appear and access to a law library4 7#aj7 ,quality medical care 7,a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that prompt and adequate emergency1 primary1 specialty1 and hospital medical care is provided at no cost to detainees1 including dental care1 eye care1 mental health care1 individual and group counseling1 and medical dietary needs4 7,b7 ,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 7,,ncchc74 ,,ncchc reports of accreditation findings shall be made public4 7,c7 ,medical records ,the ,secretary of ,homeland ,security shall ensure that complete and confidential medical records are maintained for every detainee1 and that such records are made available upon request to the detainee1 his or her legal representative1 or other authorized individuals4 7c7 ,negotiated rulemaking 7#a7 ,in general ,before publishing the proposed regulations required by paragraph 7#b7 to carry out this title1 the ,secretary of ,homeland ,security shall establish a negotiated rulemaking process pursuant to subchapter ,,iv of chapter #e of title #e1 ,united ,states ,code4 7#b7 ,representation on negotiated rulemaking committee ,any negotiated rulemaking committee established by the ,secretary of ,homeland ,security pursuant to paragraph 7#a7 shall include representatives from-- 7,a7 nongovernmental and intergovernmental organizations experienced in providing legal1 social1 and health services to immigrants and refugees2 and 7,b7 the ,department of ,homeland ,security4 #gjb4 ,detention management 7a7 ,compliance monitoring ,the ,inspector ,general of the ,department of ,homeland ,security shall monitor compliance with detention guidelines promulgated under section #gja at ,u4,s4 ,immigration and ,customs ,enforcement-operated and -contracted immigration detention facilities4 7b7 ,additional monitoring ,in the case of ,u4,s4 ,immigration and ,customs ,enforcement-contracted facilities1 the ,inspector ,general of the ,department of ,homeland ,security shall1 in addition to the compliance monitoring required under subsection 7a71 conduct an assessment of contract costs and contract compliance at such facilities4 7c7 ,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 7a7 and 7b74 #gjc4 ,alternatives to detention for families and vulnerable populations 7a7 ,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 programs4 7b7 ,secure alternatives to detention programs 7#a7 ,nature of the program ,for purposes of this section1 the programs referred to in subsection 7a7 are programs under which aliens are screened1 supervised1 monitored1 provided with information about the legal process by nongovernmental organizations1 and referred to nongovernmental legal and social service providers as needed to ensure such aliens appear at all immigration interviews1 appointments1 and hearings4 ,the ,secretary of ,homeland ,security shall develop custodial alternatives programs that may include the use of electronic monitoring devices and noncustodial alternatives programs4 ,the elements of the secure alternatives to detention program are-- 7,a7 group presentations and individual screening2 7,b7 on-going supervision and monitoring2 and 7,c7 referrals to assistance from nongovernmental organizations4 7#b7 ,voluntary participation ,an alien's participation in the programs described in subsection 7b7 is voluntary and shall not confer any rights or benefits to the alien under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7#c7 ,program development ,the programs described in subsection 7b7 shall be developed in accordance with the following guidelines3 7,a7 ,the ,secretary of ,homeland ,security shall design the programs in consultation with nongovernmental organizations1 academic experts1 and appropriate stakeholders representing ,department of ,homeland ,security officials in charge of detention facilities4 7,b7 ,the ,secretary of ,homeland ,security shall enter into contracts with qualified community-based nongovernmental entities that provide services to aliens to provide screening1 legal referrals1 and social services for secure alternatives to detention programs4 7,c7 ,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 ,review4 7c7 ,protection of vulnerable populations ,when possible1 within #gb hours of detaining an alien1 the ,secretary of ,homeland ,security shall screen such alien to determine if such alien falls into one or more of the following designated groups3 7#a7 ,aliens who have serious medical or mental health needs or a disability4 7#b7 ,pregnant or nursing women4 7#c7 ,aliens who are being detained with one or more of their children4 7#d7 ,aliens who provide financial1 physical1 and other direct support to their minor children1 parents1 or other dependents4 7#e7 ,aliens who are over the age of #fe4 7#f7 ,children1 as defined at section #aja7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;c77#a774 7#g7 ,victims of abuse1 violence1 crime1 or trafficking4 7#h7 ,asylum seekers4 7#i7 ,other groups designated in regulations or guidance promulgated by the ,secretary4 7#aj7 ,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 ,act4 7d7 ,alternatives to detention1 placement1 and custody decisions 7#a7 ,in general ,not later than #gb hours after an alien's detention unless such #gb-;hour requirement is waived in writing by such alien1 such alien shall be released from the ,department of ,homeland ,security's custody on parole1 a reasonable bond1 or such alien's own recognizance1 and shall not be subject to electronic monitoring1 if the ,department demonstrates that-- 7,a7 such alien is not subject to mandatory detention under sections #bce7;b77#a77;,b77iii77,,iv7 or #bcf;,a of the ,immigration and ,nationality ,act1 or mandatory custody under section #bcf7;c7 such ,act2 7,b7 such alien does not pose a danger to others or a risk to national security2 and 7,c7 is a member of a vulnerable population as defined by subsection 7c74 7#b7 ,release ,an alien shall be released under this subsection-- 7,a7 on such alien's own recognizance2 7,b7 by posting a reasonable bond under section #bcf7;a7 of the ,immigration and ,nationality ,act2 or 7,c7 on parole in accordance with section #bab7;d77#e77;,a7 of such ,act4 7#c7 ,other participation ,an alien who is denied release on recognizance1 parole1 or bond1 or is unable to pay the bond1 shall be selected for participation in the secure alternatives to detention programs described in subsection 7b7 unless the ,secretary of ,homeland ,security demonstrates-- 7,a7 that such alien is subject to mandatory detention under section #bce7;b77#a77;,b77iii77,,iv7 of the ,immigration and ,nationality ,act1 or subsections 7a7 or 7c7 of section #bcf of such ,act2 7,b7 substantial evidence that such alien is a flight risk where the risk of such alien's flight cannot be mitigated through the use of services1 supervision1 or monitoring2 or 7,c7 such alien's participation in the programs would create a risk to others or national security4 7#d7 ,custody ,if an alien is determined not to meet the requirements for release on recognizance1 bond1 or parole1 or subsequently does not meet the requirements for secure alternatives to detention programs described in subsection 7b71 such alien may be considered for placement in custodial alternatives to detention programs that maintain custody over such alien1 such as through the use of electronic ankle devices4 ,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 basis4 ,aliens who would otherwise be subject to detention1 including under section #bcf of the ,immigration and ,nationality ,act1 may be placed in electronic monitoring or other alternatives to detention that maintain custody over such alien4 7e7 ,decisions under this section ,in the case of a decision under subsection 7d71 the following shall apply3 7#a7 ,such decision shall be made in writing and shall be served upon the alien concerned in the language spoken by such alien4 ,a decision to continue detention without releasing such alien on recognizance1 bond1 or parole1 or enrollment in the secure alternatives to detention programs described in subsection 7b7 shall specify in writing the reasons for such decision4 7#b7 ,such decision shall be served upon such alien within #gb hours of such alien's detention or1 in the case of an alien subject to sections #bce1 #bch1 or #bda7;a77#e7 of the ,immigration and ,nationality ,act1 within #gb hours of a positive credible or reasonable fear determination4 7#c7 ,an alien subject to this section1 including all aliens who are entitled to a removal hearing under section #bdj of the ,immigration and ,nationality ,act1 may at any time after being served with the ,secretary of ,homeland ,security's decision under subsection 7d7 request a redetermination of such decision by an immigration judge4 7f7 ,applicability ,the ,attorney ,general or an immigration judge1 at any time1 may redetermine an alien's classification as a member of a vulnerable population under subsection 7c71 the bond of an alien released1 or the custody status of an alien placed in the alternatives to detention programs described in subsection 7b74 ,nothing in this section shall preclude an alien from being released on bond after initially participating in the alternatives to detention programs4 7g7 ,eligibility and operations ,nothing in this section shall be construed to modify the care and custody of unaccompanied alien children 7defined in section #dfb7;g77#b7 of the ,homeland ,security ,act 7#f ,u4,s4,c4 #bgi7;g77#b777 who shall be considered to be in the care and exclusive custody of the ,department of ,health and ,human ,services4 ,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 7b74 #gjd4 ,short term detention standards at and between ports of entry 7a7 ,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 ,security1 acting through the ,chief of the ,border ,patrol1 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 detention4 7b7 ,access to information on detainee rights at ,border ,patrol processing centers 7#a7 ,in general ,the ,secretary of ,homeland ,security1 acting through the ,chief of the ,border ,patrol1 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 rights1 including the right to contact a representative of such alien's government for purposes of ,united ,states treaty obligations4 7#b7 ,form ,the information referred to in paragraph 7#a7 may be provided either verbally or in writing by the apprehending ,border ,patrol agent1 and shall be posted in the detention holding cell in which such alien is being held4 ,the information shall be provided in a language understandable to such alien4 7c7 ,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 agents3 7#a7 ,information on the location of repatriation4 7#b7 ,information on groups of families repatriated4 7#c7 ,information on the locations of other members of families1 if separated during apprehension or detention4 7#d7 ,information on the medical conditions of apprehended and detained aliens4 7#e7 ,information on any personal property that was returned to the alien upon repatriation4 7d7 ,short term detention defined ,in this section1 the term short term detention means detention in a ,united ,states ,border ,patrol processing center for #gb hours or less1 before repatriation to a country of nationality or last habitual residence4 7e7 ,report ,not later than #ij days after the date of the enactment of this ,act1 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 ,department4 ,such report should also consider the operational efficiency of contracting out transportation and detention of aliens unlawfully present in the ,united ,states4 #gje4 ,report on nondeportable aliens ,not later than #ij days after the date of the enactment of this ,act1 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 years4