,i #aaeth ,,congress #ast ,session ,h4 ,r4 #cdgd ,,in ,,the ,,house ,,of ,,representatives ,july #bg1 #bjag,mr4 ,grijalva introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committees on ,armed ,services1 the ,judiciary1 ,natural ,resources1 ,agriculture1 ,foreign ,affairs1 ,transportation and ,infrastructure1 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 provide for the establishment of an accountable and humane border security strategy for the international land borders of the ,united ,states1 address cultural1 economic1 ecological1 environmental and humanitarian impacts of border security infrastructure1 measures1 and activities along the international land borders of the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,border ,security and ,accountability ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,comprehensive border security strategy4 ,sec4 #d4 ,actions to secure the international land borders of the ,united ,states4 ,sec4 #e4 ,borderlands monitoring and mitigation4 ,sec4 #f4 ,combating human smuggling4 ,sec4 #g4 ,deaths along the ,u4,s4-,mexico border3 reports and strategies for prevention4 ,sec4 #h4 ,southwest border strategy study and analysis4 ,sec4 #i4 ,prohibition on military involvement in nonemergency border enforcement4 ,sec4 #aj4 ,border ,communities ,liaison ,office4 ,sec4 #aa4 ,office for ,civil ,rights and ,civil ,liberties and ,office of ,inspector ,general4 ,sec4 #ab4 ,cooperation with the ,government of ,mexico4 ,sec4 #ac4 ,southern ,border ,security ,task ,force4 ,sec4 #ad4 ,southern ,border ,security ,commission4 ,sec4 #ae4 ,use of force4 ,sec4 #af4 ,training for border security and immigration enforcement officers4 ,sec4 #ag4 ,protection of family values in apprehension programs4 ,sec4 #ah4 ,prohibition on new land border crossing fees4 ,sec4 #ai4 ,limitations on dangerous deportation practices4 ,sec4 #bj4 ,severability and delegation4 ,sec4 #ba4 ,improving ports of entry for border security and other purposes4 ,sec4 #bb4 ,improving cross-border transportation4 ,sec4 #bc4 ,increase in numbers of ,united ,states ,customs and ,border ,protection offices on land ports of entry4 ,sec4 #bd4 ,racial profiling compliance4 #b4 ,definitions ,in this ,act3 7a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,natural ,resources1 the ,committee on ,homeland ,security1 and the ,committee on ,agriculture of the ,house of ,representatives and the ,committee on ,energy and ,natural ,resources1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,environment and ,public ,works1 and the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate4 7b7 ,indian tribe ,the term ,indian tribe has the meaning given such term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7c7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7d7 ,secretary concerned ,the term ,secretary concerned means the ,secretary of ,agriculture with respect to land under the jurisdiction of the ,secretary of ,agriculture1 the ,secretary of the ,interior with respect to land under the jurisdiction of the ,secretary of the ,interior1 the ,secretary of ,defense with respect to land under the jurisdiction of the ,secretary of ,defense1 or the ,secretary of ,commerce with respect to land under the jurisdiction of the ,secretary of ,commerce4 7e7 ,vulnerable populations ,the term vulnerable populations means populations who face barriers in accessing and using victim services1 and includes victims of human trafficking1 victims of certain crimes who have suffered mental or physical abuse1 victims of child abuse1 abandonment and neglect4 #c4 ,comprehensive border security strategy 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 and the ,secretary of ,commerce1 in consultation with ,state1 local1 and tribal governments1 border residents1 and nongovernmental organizations1 shall jointly develop and submit to ,congress and the ,government ,accountability ,office a comprehensive border security strategy for the international land borders of the ,united ,states4 7b7 ,elements of the strategy ,the strategy developed in accordance with subsection 7a7 shall include the following components3 7#a7 ,a comparative analysis report that assesses and describes the state of border security1 based on auditable and verifiable data1 along the international land borders of the ,united ,states achievable through tactical infrastructure and other security measures and activities4 ,measures assessed shall include1 at a minimum1 the following3 7,a7 ,fencing and infrastructure1 including pedestrian fencing1 double layer fencing1 landing mat fencing1 permanent vehicle barriers1 and temporary vehicle barriers4 7,b7 ,vehicle barriers1 especially in areas in the vicinity of existing or planned roads4 7,c7 ,border ,patrol and ,office of ,field ,operations personnel4 7,d7 ,efficacy of natural barriers and open space in response to smuggling and trafficking of humans1 weapons1 and illicit drugs4 7,e7 ,fielding of advanced technologies and systems1 including systems developed and employed1 or under development1 for tactical surveillance1 multi-source information integration1 and response analysis in difficult terrain and under adverse environmental conditions4 7,f7 ,regional as well as urban and rural variation in border security methodologies and incorporation of natural barriers and open spaces in response to smuggling and trafficking of humans1 weapons1 and illicit drugs4 7,g7 ,enhanced cooperation with1 and assistance to1 intelligence1 security1 and law enforcement agencies in ,mexico and ,canada in detecting1 reporting1 analyzing1 and successfully responding to smuggling and trafficking of humans1 weapons1 and illicit drugs from or into ,mexico or ,canada4 7,h7 ,removal of obstructive non-native vegetation4 7,i7 ,subterranean surveillance and detection technologies4 7,j7 ,deployable1 lighter-than-air ground surveillance equipment4 7,k7 ,unmanned and man-portable aerial vehicles1 along with policy measures to protect privacy and civil liberties4 7,l7 ,ultralight aircraft detection capabilities4 7,m7 ,advanced unattended surveillance sensors1 including tower-based surveillance technology1 and mobile vehicle-mounted and man-portable surveillance systems4 7#b7 ,a comprehensive analysis of cost and other impacts of border security infrastructure1 activities1 and measures assessed in paragraph 7#a71 including an assessment of the following3 7,a7 ,construction costs1 including both labor and material costs4 7,b7 ,maintenance costs over #e1 #aj1 #ae1 and #bj years4 7,c7 ,contractor costs4 7,d7 ,management and overhead costs4 7,e7 ,the impacts on soils1 wildlife1 wildlife habitat1 functioning cross-border wildlife migration corridors1 and hydrology 7including water quantity1 quality1 and natural hydrologic flows7 on ,federal1 tribal1 ,state1 local1 and private lands along the borders4 7,f7 ,a comprehensive compilation of the fiscal investments in acquiring or managing ,federal1 tribal1 ,state1 local1 and private lands and waters by the ,department of the ,interior1 including related litigation and other costs1 in the vicinity of1 or ecologically related to1 the land borders of the ,united ,states that have been acquired or managed in whole or in part for conservation purposes 7including the creation or management of protected wildlife migration corridors7 in the following3 7i7 ,units of the ,national ,park ,system4 7ii7 ,national ,forest ,system land4 7iii7 ,land under the jurisdiction of the ,bureau of ,land ,management4 7iv7 ,land under the jurisdiction of the ,united ,states ,fish and ,wildlife ,service4 7v7 ,other relevant land under the jurisdiction of the ,department of the ,interior or the ,department of ,agriculture4 7vi7 ,land under the jurisdiction of the ,department of ,defense or the individual military department4 7vii7 ,land under the jurisdiction of the ,department of ,commerce4 7viii7 ,tribal lands4 7ix7 ,state and private lands4 7,g7 ,the impacts on the economy1 culture1 safety1 and quality of life of residents in the vicinity of the international land borders of the ,united ,states4 7,h7 ,the impacts on the civil rights1 private property rights1 privacy rights1 and other civil liberties of border residents1 including a full analysis for each ,border ,patrol sector of whether operations are necessary and cost-effective further than #be air miles from any international border4 7#c7 ,the costs of fully mitigating the adverse impacts to ,federal1 tribal1 ,state1 local1 and private lands1 waters 7including water quality1 quantity1 and hydrological flows71 wildlife1 and wildlife habitats by the ,department of the ,interior1 including1 where such action is possible1 the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality1 as determined by each ,secretary concerned1 in consultation with appropriate authorities of tribal1 ,state1 and local governments and appropriate authorities of ,mexico and ,canada4 7#d7 ,recommendations for strategic border security management based on the state of border security as detailed in paragraph 7#a71 the cost-benefit analysis as detailed in paragraph 7#b71 as well as the full mitigation costs specified in paragraph 7#c74 #d4 ,actions to secure the international land borders of the ,united ,states 7a7 ,in general ,section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note7 is amended to read as follows3 #ajb4 ,improvement of border security 7a7 ,in general ,the ,secretary of ,homeland ,security shall take such actions as may be required to secure the international land borders of the ,united ,states4 ,such actions may be taken only in accordance with the border security strategy developed under section #c of the ,border ,security and ,accountability ,act of #bjag4 7b7 ,priority of methods ,in carrying out the requirements of subsection 7a71 the ,secretary of ,homeland ,security shall1 where practicable1 give first priority to low impact border enforcement techniques4 7c7 ,consultation 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall consult with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 the ,secretary of ,commerce1 ,states1 local governments1 tribal governments1 and nonprofit1 and nongovernmental organizations to minimize the impact on the environment1 culture1 commerce1 safety1 and quality of life1 including civil rights1 private property rights1 privacy rights1 and other civil liberties1 for the communities and residents located near the sites at which actions under subsection 7a7 are proposed to be taken4 7#b7 ,rule of construction ,nothing in this subsection may be construed to-- 7,a7 create or negate any right of action for a ,state1 local government1 tribal government1 or other person or entity affected by this subsection2 7,b7 affect the eminent domain laws of the ,united ,states or of any ,state2 or 7,c7 waive the application of any other applicable ,federal1 ,state1 local1 or tribal law4 7#c7 ,limitation on requirements ,notwithstanding subsection 7a71 nothing in this section shall require the ,secretary of ,homeland ,security to install border security tactical infrastructure referred to in section #c7;b77#a7 of the ,border ,security and ,accountability ,act of #bjag in a particular location along the international border of the ,united ,states if the ,secretary determines that the use or placement of such resources is not the most effective and appropriate means to secure the international border at such location1 or if the ,secretary determines that the direct and indirect costs1 or the impacts on the environment1 culture1 commerce1 safety1 or quality of life1 including civil rights1 private property rights1 privacy rights1 and other civil liberties1 for the communities and residents along the border1 likely to result from the use or placement of such resources outweigh the benefits of such use or placement4 4 7b7 ,preconditions ,in carrying out section #ajb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aajc note71 as amended by subsection 7a7 of this section1 the ,secretary of ,homeland ,security shall not commence any construction of fencing1 physical barriers1 roads1 lighting1 cameras1 sensors1 or other tactical infrastructure along or in the vicinity of an international land border of the ,united ,states1 or award or expend funds pursuant to any contract or other agreement related thereto1 prior to #ij days following the submission to ,congress of the border protection strategy required under section #c of this ,act4 #e4 ,borderlands monitoring and mitigation 7a7 ,mitigation plan ,the ,secretary1 in consultation with the ,secretary of the ,interior1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 the ,secretary of ,commerce1 and the heads of appropriate ,state and tribal wildlife agencies and entities1 shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure1 measures1 and activities along the international land borders of the ,united ,states4 7b7 ,requirements ,the mitigation plan required under subsection 7a7 shall include1 at a minimum1 measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure1 measures1 and activities1 including the following3 7#a7 ,preserving1 maintaining1 and1 if necessary1 restoring1 wildlife migration corridors1 key habitats1 and the ecologically functional connectivity between and among key habitats sufficient to ensure that species 7whether or not designated as rare1 protected1 or of concern7 remain viable and are able to adapt to the impacts of climate change4 7#b7 ,addressing control of invasive species and implementing measures necessary to avoid the spread of such species4 7#c7 ,maintaining hydrological functionality1 including water quantity and quality4 7#d7 ,incorporating adaptive management1 including detailed provisions for long-term monitoring of the mitigation plan's effectiveness and for necessary adjustments to such plan based on such monitoring results4 7#e7 ,protection of cultural and historical resources4 7c7 ,preemption 7#a7 ,in general ,subject to paragraph 7#c71 the ,secretary is authorized to carry out the mitigation plan required under subsection 7a7 on any ,federal1 ,state1 local1 tribal1 or private lands in the vicinity of or ecologically related to an international land border of the ,united ,states regardless of which individual1 agency1 or entity has ownership of or principal responsibility for the management of any such lands4 7#b7 ,conditions ,activities carried out pursuant to paragraph 7#a7 in connection with the mitigation plan shall be carried out in full consultation with1 and with the concurrence of1 the owner of1 or entity with principal responsibility for1 the management of the lands described in such paragraph4 7d7 ,administration 7#a7 ,authorization ,notwithstanding any other provision of law1 the ,secretary of ,homeland ,security1 the ,secretary of ,agriculture1 the ,secretary of ,defense1 and the ,secretary of ,commerce may each transfer funds available to such ,secretary to the ,secretary of the ,interior for-- 7,a7 expenditures under programs 7including any international programs7 of the ,department of the ,interior that are designed to fund conservation-related activities 7directly or through grants or similar mechanisms7 on ,federal and non-,federal lands1 including land acquisition programs2 and 7,b7 mitigation activities on ,federal lands managed by the ,department of the ,interior1 if such activities are required to implement the mitigation plan required under subsection 7a7 and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities4 7#b7 ,exemption from reprogramming requirements ,funds transferred pursuant to the authorization under paragraph 7#a7 shall not be subject to reprogramming requirements4 7#c7 ,acceptance and use of donations ,the ,secretary of the ,interior may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection 7a74 #f4 ,combating human smuggling 7a7 ,requirement for plan ,the ,secretary of ,homeland ,security shall develop and implement a plan to improve coordination among ,united ,states ,immigration and ,customs ,enforcement1 ,united ,states ,customs and ,border ,protection1 and any other ,federal1 ,state1 local1 or tribal authorities1 as determined appropriate by the ,secretary1 to improve coordination efforts to combat human smuggling4 7b7 ,content ,in developing the plan required by subsection 7a71 the ,secretary of ,homeland ,security shall consider-- 7#a7 the interoperability of databases utilized to prevent human smuggling2 7#b7 adequate and effective personnel training1 including methods to ascertain crime victims and vulnerable populations2 7#c7 methods and programs to effectively target networks that engage in such smuggling2 7#d7 effective utilization of-- 7,a7 visas for victims of trafficking and other crimes1 including whether or not ,state and local law enforcement partners are certifying such visas and the numbers of both certifications and applications for certification2 and 7,b7 investigatory techniques1 equipment1 and procedures that prevent1 detect1 and prosecute international money laundering and other operations that are utilized in smuggling2 7#e7 joint measures1 with the ,secretary of ,state1 to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers2 and 7#f7 other measures that the ,secretary of ,homeland ,security considers appropriate to combat human smuggling4 7c7 ,report ,not later than one year after implementing the plan described in subsection 7a71 the ,secretary of ,homeland ,security shall submit to ,congress and the ,government ,accountability ,office a report on such plan1 including any recommendations for legislative action to improve efforts to combating human smuggling4 #g4 ,deaths along the ,u4,s4-,mexico border3 reports and strategies for prevention 7a7 ,reports on deaths along the ,u4,s4-,mexico border ,not later than #ahj days after the date of the enactment of this ,act and every #ij days thereafter1 the ,commissioner of ,united ,states ,customs and ,border ,protection shall collect and publish in the ,federal ,register statistics relating to deaths occurring along the border between the ,united ,states and ,mexico1 including information relating to the following3 7#a7 ,the causes of such deaths4 7#b7 ,the total number of such deaths4 7#c7 ,location of such deaths4 7#d7 ,sex1 age1 and country of origin 7when possible74 7b7 ,annual report ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,commissioner of ,united ,states ,customs and ,border ,protection shall submit to the ,secretary of ,homeland ,security and ,congress a report that-- 7#a7 analyzes trends with respect to the statistics collected under subsection 7a7 during the preceding year2 7#b7 recommends actions to reduce and prevent the deaths referred to in subsection 7a72 and 7#c7 specifies a number of additional rescue beacons that1 if deployed1 would reduce and prevent migrant deaths1 as well as location-specific statistics evaluating the frequency of use of rescue beacons4 7c7 ,rescue beacons ,by not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall deploy #bj rescue beacons in areas of greatest need1 as determined by the ,secretary4 #h4 ,southwest border strategy study and analysis 7a7 ,in general ,the ,secretary of ,homeland ,security shall conduct a study of southwest border enforcement operations since #aiid and the relationship of such operations to death rates on the ,united ,states-,mexico border4 ,such study shall be conducted in cooperation with nongovernmental organizations and other community stakeholders involved in recovering and identifying migrant deaths and include the following3 7#a7 ,an analysis of the relationship of border enforcement and deaths on the border4 7#b7 ,an analysis of whether physical barriers1 technology1 and enforcement programs have contributed to the rate of deaths occurring along the border between the ,united ,states and ,mexico4 7#c7 ,an analysis of the effectiveness of geographical terrain as a natural barrier for entry into the ,united ,states in achieving ,department of ,homeland ,security goals and the role of such geographical terrain in contributing to rates of deaths occurring along the border between the ,united ,states and ,mexico4 7#d7 ,an assessment of existing protocol related to reporting1 tracking and interagency communications between ,united ,states ,customs and ,border ,protection and local first responders and consular services1 including a description of whether each ,border ,patrol sector has formalized emergency response coordination with ,state and local law enforcement agencies such that emergency calls relayed to ,customs and ,border ,protection result in the same rescue efforts for perceived migrants that would take place for others4 7b7 ,submission ,the ,secretary of ,homeland ,security shall submit the study required under subsection 7a7 to the following3 7#a7 ,the ,southern ,border ,security ,commission1 established under section #ad4 7#b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs and the ,committee on the ,judiciary of the ,senate4 7#c7 ,the ,committee on ,homeland ,security and the ,committee on the ,judiciary of the ,house of ,representatives4 7#d7 ,the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives4 #i4 ,prohibition on military involvement in nonemergency border enforcement 7a7 ,in general ,the ,armed ,forces1 including the ,national ,guard1 are prohibited from assisting in ,federal1 ,state1 and local and civilian law enforcement of immigration laws4 7b7 ,exception ,the ,armed ,forces1 including the ,national ,guard1 may assist in ,federal1 ,state1 and local and civilian law enforcement of immigration laws when the ,president has declared a national emergency or when required for specific counterterrorism duties and shall be limited to the following3 7#a7 ,rear echelon support duties1 including logistical support1 construction1 and intelligence collection from positions within #be miles from the border4 7#b7 ,non-armed operations within #be miles of the border1 including listening posts and observation post operations4 7#c7 ,armed operations within #be miles of the border1 including listening posts and observation post operations4 7c7 ,report ,the ,secretary of ,defense shall annually submit to ,congress a report that details the involvement of the ,armed ,forces1 including the ,national ,guard1 in border security and the enforcement of ,federal immigration laws in accordance with this section4 #aj4 ,border ,communities ,liaison ,office 7a7 ,establishment ,the ,secretary of ,homeland ,security shall establish1 in consultation with the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security1 a ,border ,communities ,liaison ,office in every border patrol sector at the southern and northern borders4 7b7 ,purpose ,the purpose of the ,border ,communities ,liaison ,offices established pursuant to subsection 7a7 shall be to-- 7#a7 foster and institutionalize consultation with border communities2 7#b7 consult with border communities on agency policies1 directives1 and laws2 7#c7 consult with border communities on agency strategies and strategy development2 7#d7 consult with border communities on agency services and operational issues2 7#e7 receive assessments on agency performance from border communities2 and 7#f7 receive and respond promptly and transparently to complaints regarding agency performance and agent conduct4 7c7 ,training ,the ,secretary of ,homeland ,security shall ensure that border communities liaison officers in ,border ,patrol sectors along the international borders between the ,united ,states and ,mexico and between the ,united ,states and ,canada receive training to better-- 7#a7 act as a multilingual liaison between border communities and the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security and the ,civil ,rights ,division of the ,department of ,justice2 7#b7 foster and institutionalize consultation with border communities2 7#c7 consult with border communities on ,department of ,homeland ,security programs1 policies1 strategies1 and directives2 and 7#d7 receive ,department of ,homeland ,security performance assessments from border communities4 #aa4 ,office for ,civil ,rights and ,civil ,liberties and ,office of ,inspector ,general 7a7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary for the ,office of ,inspector ,general and the ,office for ,civil ,rights and ,civil ,liberties of the ,department of ,homeland ,security to be comparable to those of other ,federal agencies and commensurate with the size and scope of the operational budget of the ,department of ,homeland ,security4 7b7 ,inspector ,general annual report ,the ,inspector ,general of the ,department of ,homeland ,security shall include in an annual report submitted by the ,inspector ,general to ,congress a benchmark for how quickly the ,office of the ,inspector ,general aims to decide whether to retain complaints within its jurisdiction and statistics on how often such benchmark was met during the preceding year4 7c7 ,officer for ,civil ,rights and ,civil ,liberties annual report ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department shall include in an annual report submitted by the ,officer to ,congress-- 7#a7 the total number of ,customs and ,border ,protection complaints received in the past year1 broken down by whether the complaints were received directly or indirectly from another1 specified component of the ,department1 and how many of those complaints were accepted for investigation as well as completed2 7#b7 the number of such complaints by subject-matter category1 including a notation specifying a complaint raising multiple issues or originating from multiple complainants2 and 7#c7 the number of confidentiality complaints received during the preceding year and the status and resolution of such complaints4 #ab4 ,cooperation with the ,government of ,mexico 7a7 ,cooperation regarding border security ,the ,secretary of ,state1 in cooperation with the ,secretary of ,homeland ,security and representatives of ,federal1 ,state1 local1 and tribal law enforcement agencies that are involved in border security and immigration enforcement efforts1 shall work with the appropriate officials from the ,government of ,mexico to improve coordination between the ,united ,states and ,mexico regarding the following3 7#a7 ,improved border security along the international border between the ,united ,states and ,mexico4 7#b7 ,the reduction of human trafficking and smuggling between the ,united ,states and ,mexico4 7#c7 ,the reduction of drug trafficking and smuggling between the ,united ,states and ,mexico4 7#d7 ,the reduction of gang membership in the ,united ,states and ,mexico4 7#e7 ,the reduction of violence against women in the ,united ,states and ,mexico4 7#f7 ,the reduction of other violence and criminal activity4 7#g7 ,the reduction of deaths along the border4 7#h7 ,mitigation measures included in the mitigation plan required under section #e4 7b7 ,cooperation regarding education on immigration laws ,the ,secretary of ,state1 in cooperation with other appropriate ,federal officials1 shall work with the appropriate officials from the ,government of ,mexico to carry out activities to educate citizens and nationals of ,mexico regarding eligibility for status as a nonimmigrant under ,federal law to ensure that such citizens and nationals are not exploited while working in the ,united ,states4 7c7 ,cooperation regarding circular migration ,the ,secretary of ,state1 in cooperation with the ,secretary of ,labor and other appropriate ,federal officials1 shall work with the appropriate officials from the ,government of ,mexico to improve coordination between the ,united ,states and ,mexico to encourage circular migration1 including assisting in the development of economic opportunities and providing job training for citizens and nationals in ,mexico4 7d7 ,consultation requirement ,federal representatives in the ,united ,states shall consult ,state1 local and tribal governments and their counterparts in ,mexico concerning border security structures along the international border between the ,united ,states and ,mexico in order to-- 7#a7 solicit the views of affected communities2 7#b7 lessen tensions2 and 7#c7 foster greater understanding and stronger cooperation on this and other important security issues of mutual concern4 7e7 ,annual report ,not later than #ahj days after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,state shall submit to ,congress a report on the actions taken by the ,united ,states and ,mexico under this section4 #ac4 ,southern ,border ,security ,task ,force 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish a ,southern ,border ,security ,task ,force 7in this section referred to as the ,task ,force7 to coordinate the efforts of ,federal1 ,state1 and local border and law enforcement officials and task forces to establish an accountable and humane border security strategy4 7b7 ,composition ,the ,task ,force shall be comprised of personnel from the following3 7#a7 ,united ,states ,customs and ,border ,protection and ,office ,field ,operations4 7#b7 ,united ,states ,immigration and ,customs ,enforcement4 7#c7 ,the ,coast ,guard4 7#d7 ,other ,federal agencies1 as appropriate4 7#e7 ,southern border ,state law enforcement agencies4 7#f7 ,local law enforcement agencies from affected southern border cities and communities4 7#g7 ,nongovernmental organizations representing border communities4 7c7 ,director ,the ,secretary of ,homeland ,security shall appoint as a ,director of the ,task ,force an individual who is experienced and knowledgeable in law enforcement generally and border security issues specifically4 7d7 ,report ,not later than #ahj days after the date of the establishment of the ,task ,force under subsection 7a7 and annually thereafter1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on the effectiveness of the ,task ,force in avoiding or minimizing the adverse impact of border policies1 measures and activities on the environment1 culture1 commerce1 safety1 or quality of life including civil rights1 private property rights1 and other civil liberties1 for the communities and residents along the southern border4 #ad4 ,southern ,border ,security ,commission 7a7 ,establishment ,not later than one year after the date of the enactment of this ,act1 there shall be established a commission to be known as the ,southern ,border ,security ,commission 7in this section referred to as the ,commission74 7b7 ,composition 7#a7 ,in general ,the ,commission shall be composed of #cc members1 appointed by the ,president1 who have expertise in migration1 local crime indices1 civil and human rights1 community relations1 cross-border trade and commerce1 environmental and ecological border issues1 quality of life indicators1 or other pertinent experience1 of whom-- 7,a7 fourteen members shall be from the ,northern border region and shall include-- 7i7 two local government elected officials2 7ii7 two local law enforcement officials2 7iii7 two tribal government officials2 7iv7 two civil rights advocates2 7v7 one business representative2 7vi7 one higher education representative2 7vii7 one private land owner representative2 7viii7 one representative of a faith community2 and 7ix7 two representatives of ,united ,states ,border ,patrol2 7,b7 nineteen members shall be from the ,southern border region and include-- 7i7 three local government elected officials2 7ii7 three local law enforcement officials2 7iii7 two tribal government officials2 7iv7 three civil rights advocates2 7v7 two business representatives2 7vi7 one higher education representative2 7vii7 two private land owner representatives2 7viii7 one representative of a faith community2 and 7ix7 two representatives of ,united ,states ,border ,patrol2 and 7,c7 at least one member shall have environmental and ecological expertise4 7#b7 ,time of appointment ,the appointments required by paragraph 7#a7 shall be made not later than one year after the date of the enactment of this ,act4 7#c7 ,chair ,at the first meeting of the ,commission1 a majority of the members of the ,commission present and voting shall elect the ,chair of the ,commission4 7#d7 ,vacancies ,any vacancy of the ,commission shall not affect its powers1 but shall be filled in the manner in which the original appointment was made4 7#e7 ,rules ,the ,commission shall establish the rules and procedures of the ,commission which shall require the approval of at least six members of the ,commission4 7c7 ,duties 7#a7 ,in general ,the ,commission's primary responsibility shall be to make recommendations to the ,president1 the ,secretary of ,homeland ,security1 and ,congress on policies to achieve and maintain the border security strategy specified in section #c1 and should include-- 7,a7 review and recommendations regarding immigration and border enforcement policies1 strategies1 and programs that take into consideration their impact on border and tribal communities2 7,b7 recommendations on ways in which the ,border ,communities ,liaison ,offices can strengthen relations and collaboration between communities in the border regions and the ,department of ,homeland ,security1 the ,department of ,justice1 and other ,federal agencies that carry out such policies1 strategies1 and programs2 7,c7 an evaluation on 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 7,d7 an assessment of the extent of the negative economic impact1 if any1 on the ,united ,states due to staffing needs at land ports of entry along such borders2 7,e7 a determination of whether border policies and practices ensure that the free flow of legitimate travel and commerce is not diminished by efforts1 activities1 and programs aimed at securing the international land ports of entry along the international border between the ,united ,states and ,mexico2 7,f7 any other matters regarding cross-border trade policies1 strategies1 and programs the ,commission determines appropriate2 and 7,g7 an evaluation and recommendations regarding the training of border enforcement personnel described in section #ag4 7#b7 ,public hearings ,the ,commission may1 for the purpose of carrying out its duties1 hold hearings1 sit and act1 take testimony1 receive evidence1 and administer oaths4 7,a7 ,in general ,the ,commission shall convene at least two public hearings each year on border security4 7,b7 ,summaries ,the ,commission shall provide a summary of each hearing convened pursuant to subparagraph 7,a7 on the ,federal ,register4 7d7 ,travel expenses ,members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7e7 ,administrative support ,the ,secretary shall provide the ,commission such staff and administrative services as may be necessary and appropriate for the ,commission to perform its functions4 ,any employee of the executive branch of ,government may be detailed to the ,commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege4 7f7 ,report ,not later than two years after its first meeting1 the ,commission shall submit to the ,president1 ,congress1 and the ,secretary of ,homeland ,security a final report that contains-- 7#a7 findings with respect to the duties of the ,commission2 and 7#b7 recommendations regarding border and immigration enforcement policies1 strategies1 and programs1 including-- 7,a7 a recommendation as to whether the ,commission should continue to operate2 and 7,b7 a description of any duties for which the ,commission should be responsible after the termination date described in subsection 7f74 7g7 ,response ,not later than #ahj days after receiving the findings and recommendations from the ,commission under subsection 7f71 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 ,if the ,secretary disagrees with any finding of the ,commission1 the ,secretary shall provide an explanation for the disagreement4 7h7 ,information from federal agencies ,the ,chair1 or a majority of the members of the ,commission1 may request statistics relating to the duties described in subsection 7c7 directly from any ,federal agency1 which shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,commission4 7i7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section for each of the fiscal years #bjah through #bjba4 7j7 ,sunset ,the ,commission shall terminate operations #fj days after the date on which the ,commission submits the report described in subsection 7i74 #ae4 ,use of force ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 shall issue policies governing the use of force by all ,department of ,homeland ,security personnel that-- 7#a7 require1 by not later than #ah months after the date of the enactment of this ,act1 that all full-time1 active duty customs and protection officers wear body-worn cameras when in the field2 7#b7 require all ,department personnel to report each use of force2 and 7#c7 establish procedures for-- 7,a7 accepting and investigating complaints regarding the use of force by ,department personnel2 7,b7 disciplining ,department personnel who violate any law or ,department policy relating to the use of force2 and 7,c7 reviewing all uses of force by ,department personnel to determine whether the use of force-- 7i7 complied with ,department policy2 or 7ii7 demonstrates the need for changes in policy1 training1 or equipment4 #af4 ,training for border security and immigration enforcement officers 7a7 ,in general ,the ,secretary of ,homeland ,security shall ensure that ,united ,states ,customs and ,border ,protection officers1 ,united ,states ,border ,patrol agents1 ,united ,states ,immigration and ,customs ,enforcement officers and agents1 ,united ,states ,air and ,marine ,division agents1 agriculture specialists1 and other appropriate ,federal law enforcement agents involved directly or through a joint task force in border security with respect to any land or marine border of the ,united ,states or at any ,united ,states port of entry receive appropriate training1 which shall be prepared in collaboration with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 in the following3 7#a7 ,identifying and detecting fraudulent travel documents4 7#b7 ,civil1 constitutional1 human1 and privacy rights of individuals4 7#c7 ,the scope of enforcement authorities1 including interrogations1 stops1 searches1 seizures1 arrests1 and detentions and protocols for collecting comprehensive data on these law enforcement interactions4 7#d7 ,the use of force policies issued by the ,secretary4 7#e7 ,immigration laws1 including screening1 identifying1 and addressing vulnerable populations1 such as children1 victims of crime and human trafficking1 and individuals fleeing persecution or torture4 7#f7 ,social and cultural sensitivity toward border communities1 including initial and refresher language training and training on how to avoid harassment4 7#g7 ,the impact of border operations on communities4 7#h7 ,any particular environmental concerns in a particular area4 7b7 ,humane conditions of confinement for children in ,united ,states customs and border protection custody ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish standards to ensure that children in the custody of ,united ,states ,customs and ,border ,protection-- 7#a7 are afforded adequate medical and mental health care1 including emergency medical and mental health care1 when necessary2 7#b7 receive adequate nutrition2 7#c7 are provided with climate-appropriate clothing1 footwear1 and bedding2 7#d7 have basic personal hygiene and sanitary products2 and 7#e7 are permitted to make supervised phone calls to family members4 7c7 ,additional considerations ,in developing and providing training under subsections 7a7 and 7b7 of this section the ,secretary shall coordinate with the ,secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure1 operations1 or other activities4 #ag4 ,protection of family values in apprehension programs 7a7 ,definitions ,in this section3 7#a7 ,apprehended individual ,the term apprehended individual means an individual apprehended by personnel of the ,department of ,homeland ,security or of a cooperating entity pursuant to a migration deterrence program carried out at a border4 7#b7 ,border ,the term border means an international border of the ,united ,states4 7#c7 ,child ,except as otherwise specifically provided1 the term child has the meaning given to such term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,cooperating entity ,the term cooperating entity means a ,state or local entity acting pursuant to an agreement with the ,secretary of ,homeland ,security4 7#e7 ,migration deterrence program ,the term migration deterrence program means an action related to the repatriation or referral for prosecution of one or more apprehended individuals for a suspected or confirmed violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #ajja et seq47 by the ,secretary of ,homeland ,security or a cooperating entity4 7b7 ,procedures for migration deterrence programs at the border ,in any migration deterrence program carried out at a border1 the ,secretary of ,homeland ,security and cooperating entities shall for each apprehended individual-- 7#a7 as soon as practicable after such individual is apprehended-- 7,a7 inquire as to whether such apprehended individual is-- 7i7 a parent1 legal guardian1 or primary caregiver of a child2 or 7ii7 traveling with a spouse or child2 and 7,b7 ascertain whether repatriation of such apprehended individual presents any humanitarian concern or concern related to such apprehended individual's physical safety2 and 7#b7 ensure that1 with respect to a decision related to the repatriation or referral for prosecution of such apprehended individual1 due consideration is given-- 7,a7 to the best interests of such apprehended individual's child1 if any2 7,b7 to family unity whenever possible2 7,c7 to other public interest factors1 including humanitarian concerns and concerns related to such apprehended individual's physical safety2 and 7,d7 to human rights obligations under domestic and international law1 including protection of asylum seekers from prosecution4 7c7 ,mandatory training ,the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,health and ,human ,services1 the ,attorney ,general1 the ,secretary of ,state1 and independent immigration1 child welfare1 family law1 and human rights law experts1 shall-- 7#a7 develop and provide specialized training for all personnel of ,united ,states ,customs and ,border ,protection and cooperating entities who come into contact with apprehended individuals in all legal authorities1 policies1 and procedures relevant to the preservation of a child's best interest1 family unity1 and other public interest factors1 including those described in this ,act2 and 7#b7 require border enforcement personnel to undertake periodic and continuing training on best practices and changes in relevant legal authorities1 policies1 and procedures pertaining to the preservation of a child's best interest1 family unity1 and other public interest factors1 including those described in this ,act4 7d7 ,annual report on the impact of migration deterrence programs at the border 7#a7 ,requirement for annual report ,not later than one year after the date of the enactment of this ,act and annually thereafter1 the ,secretary of ,homeland ,security shall submit to ,congress a report that describes the impact of migration deterrence programs on parents1 legal guardians1 primary caregivers of a child1 individuals traveling with a spouse or child1 and individuals who present humanitarian considerations or concerns related to the individual's physical safety4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include for the previous one-year period an assessment of the following3 7,a7 ,the number of apprehended individuals removed1 repatriated1 or referred for prosecution who are the parent1 legal guardian1 or primary caregiver of a child who is a citizen of the ,united ,states4 7,b7 ,the number of occasions in which both parents1 or the primary caretaker of such a child was removed1 repatriated1 or referred for prosecution as part of a migration deterrence program4 7,c7 ,the number of apprehended individuals traveling with close family members who are removed1 repatriated1 or referred for prosecution4 7,d7 ,the impact of migration deterrence programs on public interest factors1 including humanitarian concerns and physical safety4 7e7 ,regulations ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall promulgate regulations to implement this section4 #ah4 ,prohibition on new land border crossing fees 7a7 ,in general ,beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security may not-- 7#a7 establish1 collect1 or otherwise impose any new border crossing fee on individuals crossing the southern border or the northern border at a land port of entry2 or 7#b7 conduct any study relating to the imposition of a border crossing fee4 7b7 ,border crossing fee defined ,in this section1 the term border crossing fee means a fee that every pedestrian1 cyclist1 and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the southern border or the northern border at a land port of entry4 #ai4 ,limitations on dangerous deportation practices 7a7 ,certification required 7#a7 ,in general ,not later than one year after the date of the enactment of this ,act and every #ahj days thereafter1 the ,secretary of ,homeland ,security1 except as provided in paragraph 7#b71 shall submit written certification to ,congress that the ,department of ,homeland ,security has only deported or otherwise removed a migrant from the ,united ,states through an entry or exit point on the southern border during daylight hours4 7#b7 ,exception ,the certification required under paragraph 7#a7 shall not apply to the deportation or removal of a migrant otherwise described in such paragraph if-- 7,a7 the manner of the deportation or removal is justified by a compelling governmental interest2 7,b7 the manner of the deportation or removal is in accordance with an applicable ,local ,arrangement for the ,repatriation of ,mexican ,nationals entered into by the appropriate ,mexican ,consulate2 or 7,c7 the migrant is not an unaccompanied minor and the migrant-- 7i7 is deported or removed through an entry or exit point in the same sector as the place where the migrant was apprehended2 or 7ii7 agrees to be deported or removed in such manner after being notified of the intended manner of deportation or removal4 7b7 ,additional information required ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to ,congress a study of the ,alien ,transfer ,exit ,program1 which shall include-- 7#a7 the specific locations on the southern border where lateral repatriations have occurred during the one-year period preceding the submission of such study2 7#b7 the performance measures developed by ,united ,states ,customs and ,border ,protection to determine if the ,alien ,transfer ,exit ,program is deterring migrants from repeatedly crossing the border or otherwise reducing recidivism2 and 7#c7 the consideration given1 if any1 to the rates of violent crime and the availability of infrastructure and social services in ,mexico near such locations4 7c7 ,prohibition on confiscation of property ,the lawful1 nonperishable belongings of a migrant1 including all money but excluding property that cannot lawfully be possessed1 shall be returned to the migrant prior to transfer1 repatriation1 or release1 in coordination with other ,state and ,federal agencies as necessary4 #bj4 ,severability and delegation 7a7 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or any application of such provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of the provisions of this ,act and the amendments made by this ,act and the application of the provision or amendment to any other person or circumstance shall not be affected4 7b7 ,delegation ,the ,secretary of ,homeland ,security may delegate any authority provided to the ,secretary under this ,act or an amendment made by this ,act to the ,secretary of ,agriculture1 the ,attorney ,general1 the ,secretary of ,defense1 the ,secretary of ,health and ,human ,services1 or the ,secretary of ,state4 #ba4 ,improving ports of entry for border security and other purposes ,there is authorized to be appropriated to the ,administrator of the ,general ,services ,administration #djj1jjj1jjj for fiscal year #bjah for planning1 management1 design1 alteration1 and construction of ,united ,states ,customs and ,border ,protection-owned land border ports of entry4 #bb4 ,improving cross-border transportation ,there is authorized to be appropriated to the ,federal ,highway ,administration #ajj1jjj1jjj for fiscal year #bjah for-- 7#a7 improvements to existing transportation and supporting infrastructure along the land border ports of entry2 7#b7 construction of highways and related safety facilities along the land border ports of entry2 and 7#c7 international coordination and transportation planning1 programming1 and border operations with ,mexico4 #bc4 ,increase in numbers of ,united ,states ,customs and ,border ,protection offices on land ports of entry 7a7 ,customs and ,border ,protection officers ,the ,secretary shall increase by #e1jjj the total number of full-time1 active duty customs and protection officers within ,united ,states ,customs and ,border ,protection for posting at ,united ,states land ports of entry by not later than ,september #cj1 #bjbb4 7b7 ,customs and ,border ,protection support personnel ,the ,secretary shall increase by #cej the total number of full-time support staff for all ,united ,states land ports of entry by ,september #cj1 #bjbb4 #bd4 ,racial profiling compliance ,each component of the ,department of ,homeland ,security shall comply with the ,department of ,justice guidance known as ,guidance for ,federal ,law ,enforcement ,agencies ,regarding the ,use of ,race1 ,ethnicity1 ,gender1 ,national ,origin1 ,religion1 ,sexual ,orientation1 or ,gender ,identity1 including the requirements under such guidance for training1 data collection1 and accountability4 ,not later than #ij days after the date of the enactment of this ,act1 ,customs and ,border ,protection shall submit to ,congress a report on the data it collects and intends to collect at checkpoints and roving patrols to monitor the incidence of impermissible profiling4