,i #aafth ,,congress #ast ,session ,h4 ,r4 #cheb ,,in ,,the ,,house ,,of ,,representatives ,july #ah1 #bjai,mr4 ,welch 7for himself1 ,ms4 ,pingree1 ,mrs4 ,kirkpatrick1 ,mr4 ,mc,govern1 ,ms4 ,jayapal1 and ,ms4 ,kuster of ,new ,hampshire7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 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 oversight of the border zone in which ,federal agents may conduct vehicle checkpoints and stops and enter private land without a warrant1 and to make technical corrections4 #a4 ,short title ,this ,act may be cited as the ,border ,zone ,reasonableness ,restoration ,act of #bjai4 #b4 ,oversight of power to enter private land and stop vehicles without a warrant 7a7 ,in general ,section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a77 is amended-- 7#a7 in paragraph 7#e71 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 by redesignating paragraphs 7#a7 through 7#c7 as subparagraphs 7,a7 through 7,c71 respectively2 7#c7 by redesignating paragraphs 7#d7 and 7#e7 as subparagraphs 7,e7 and 7,f71 respectively2 7#d7 in the matter preceding subparagraph 7,a71 as redesignated-- 7,a7 by inserting 7#a7 before ,any officer2 7,b7 by striking ,service and inserting ,department of ,homeland ,security2 7,c7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7,d7 by inserting 1 to the extent permitted by the ,fourth ,amendment to the ,constitution of the ,united ,states after warrant2 7#e7 in paragraph 7#a71 as redesignated1 by striking subparagraph 7,c71 as redesignated1 and inserting the following3 7,c7 within a distance of #be miles from any external boundary of the ,united ,states1 or such distance as may be prescribed by the ,secretary pursuant to paragraph 7#b71 to board and search for aliens any vessel within the territorial waters of the ,united ,states and any railway car1 aircraft1 conveyance1 or vehicle for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states1 provided that-- 7i7 no vehicle may be stopped at a permanent or temporary checkpoint under this subparagraph beyond a distance of #aj miles from any such external boundary without reasonable suspicion that an individual in such vehicle is inadmissible or otherwise not entitled to enter or remain in the ,united ,states2 and 7ii7 checkpoint enforcement operations may not use race1 ethnicity1 gender1 national origin1 religion1 sex 7including sexual orientation and gender identity7 to any degree1 except for reliance on the listed characteristics in a specific suspect description2 7,d7 within a distance of #aj miles from any such external boundary1 or such distance as may be prescribed by the ,secretary pursuant to paragraph 7#b71 to have access to private lands1 but not dwellings1 for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states2 2 and 7#f7 by inserting after the flush text following subparagraph 7,f71 as redesignated1 the following3 7#b7 7,a7 7i7 ,the ,secretary of ,homeland ,security may establish for a sector or district a distance less than or greater than #be miles1 but in no case greater than #ajj miles1 as the maximum distance from an external boundary of the ,united ,states in which the authority described in paragraph 7#a77;,c7 may be exercised1 if the ,secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states1 and justified by the considerations listed in subparagraph 7,b74 7ii7 ,the ,secretary of ,homeland ,security may establish for a sector or district a distance less than or greater than #aj miles1 but in no case greater than #be miles1 as the maximum distance from an external boundary of the ,united ,states in which the authority described in paragraph 7#a77;,d7 may be exercised1 if the ,secretary certifies that such a distance is necessary for the purpose of patrolling the border to prevent the illegal entry of aliens into the ,united ,states1 and justified by the considerations listed in subparagraph 7,b74 7,b7 ,in making the certifications described in subparagraph 7,a71 the ,secretary shall consider1 as appropriate1 land topography1 confluence of arteries of transportation leading from external boundaries1 density of population1 possible inconvenience to the traveling public1 types of conveyances used1 reliable information as to movements of persons effecting illegal entry into the ,united ,states1 effects on private property and quality of life for relevant communities and residents1 consultations with affected ,state1 local1 and tribal governments1 including the governor of any relevant ,state1 and other factors that the ,secretary considers appropriate4 7,c7 ,a certification made under subparagraph 7,a7 shall be valid for a period of #e years and may be renewed for additional #e-year periods4 ,if the ,secretary finds at any time that circumstances no longer justify a certification1 the ,secretary shall terminate the certification4 7,d7 7i7 ,any person with an interest that is1 or may be1 adversely affected by the maximum distance limitations established pursuant to subparagraph 7,a7 may commence a civil action1 in the appropriate district court of the ,united ,states1 against the ,secretary of ,homeland ,security1 asserting that a certification under such subparagraph is not based on reasonable grounds or otherwise fails to meet the requirements under such subparagraph4 7ii7 ,the court may enter a judgment or decree against the ,united ,states arising from a civil action commenced under clause 7i74 7iii7 ,nothing in this subsection may be construed to restrict any right which any person 7or class of persons7 may have under any statute or under the common law4 7,e7 ,the ,secretary shall submit an annual report to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,homeland ,security of the ,house of ,representatives that identifies-- 7i7 the number of certifications made under subparagraph 7,a72 7ii7 for each such certification1 the sector or district and reasonable distance prescribed1 the period of time the certification has been in effect1 and the factors justifying the certification2 and 7iii7 for permanent and temporary checkpoints-- 7,i7 the location and duration of each checkpoint2 7,,ii7 an assessment of each checkpoint's impacts on local communities1 including-- 7aa7 how the checkpoint minimizes interference with legitimate traffic and areas of population density2 7bb7 what outreach has taken place with stakeholders2 and 7cc7 which law enforcement agencies other than ,u4,s4 ,customs and ,border ,protection have participated in checkpoint operations2 7,,iii7 arrest and apprehension statistics1 broken down by charge2 7,,iv7 the number of secondary referrals1 including average1 median and maximum durations and aggregate data1 broken down by reasons for referral2 7,v7 a summary of canine activity at each checkpoint1 including-- 7aa7 the quantities of drugs detected2 7bb7 the number of persons detected1 including how many of those were arrested2 7cc7 the percentage of nonproductive alerts2 and 7dd7 an explanation of current training and certification protocols2 and 7,,vi7 until the recommendations are closed1 a status update on the implementation of the ,government ,accountability ,office's #bjji recommendations regarding checkpoints4 7,f7 ,all personally identifiable information about specific individuals shall be redacted from each report required under subparagraph 7,e71 except that aggregate nationality and perceived race data shall be reported for checkpoint secondary referrals and arrests described in subclause 7,,iii7 and 7,,iv7 of subparagraph 7,e77iii74 7,g7 ,each report submitted under subparagraph 7,e7 shall be made available to the public1 except for specifically identified data if the ,secretary-- 7i7 explicitly invokes an exemption under paragraphs 7#a7 through 7#i7 of section #eeb7;b7 of title #e1 ,united ,states ,code1 with respect to such data2 and 7ii7 provides a written explanation for the exemption's applicability4 4 7b7 ,technical and conforming amendments 7#a7 ,authorities without a warrant ,section #bhg7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;a771 the undesignated matter following paragraph 7#b71 as added by subsection 7a77#e71 is amended-- 7,a7 by inserting 7#c7 before ,under regulations2 7,b7 by striking paragraph 7#e77;,b7 both places that term appears and inserting subparagraph 7,f77ii72 7,c7 by striking 7i7 and inserting 7,a72 7,d7 by striking 7ii7 establish and inserting 7,b7 establish2 7,e7 by striking 7iii7 require and inserting 7,c7 require2 and 7,f7 by striking clause 7ii71 and 7iv7 and inserting subparagraph 7,b71 and 7,d74 7#b7 ,conforming amendment ,section #bhg7;e7 of such ,act 7#h ,u4,s4,c4 #aceg7;e77 is amended by striking paragraph 7#c7 of subsection 7a71 and inserting subsection 7a77#a77;,d714