[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3474 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3474

 To provide for the establishment of an accountable and humane border 
  security strategy for the international land borders of the United 
   States, address cultural, economic, ecological, environmental and 
 humanitarian impacts of border security infrastructure, measures, and 
 activities along the international land borders of the United States, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2017

 Mr. Grijalva introduced the following bill; which was referred to the 
 Committee on Homeland Security, and in addition to the Committees on 
Armed Services, the Judiciary, Natural Resources, Agriculture, Foreign 
 Affairs, Transportation and Infrastructure, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the establishment of an accountable and humane border 
  security strategy for the international land borders of the United 
   States, address cultural, economic, ecological, environmental and 
 humanitarian impacts of border security infrastructure, measures, and 
 activities along the international land borders of the United States, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Accountability Act of 2017''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Comprehensive border security strategy.
Sec. 4. Actions to secure the international land borders of the United 
                            States.
Sec. 5. Borderlands monitoring and mitigation.
Sec. 6. Combating human smuggling.
Sec. 7. Deaths along the U.S.-Mexico border: reports and strategies for 
                            prevention.
Sec. 8. Southwest border strategy study and analysis.
Sec. 9. Prohibition on military involvement in nonemergency border 
                            enforcement.
Sec. 10. Border Communities Liaison Office.
Sec. 11. Office for Civil Rights and Civil Liberties and Office of 
                            Inspector General.
Sec. 12. Cooperation with the Government of Mexico.
Sec. 13. Southern Border Security Task Force.
Sec. 14. Southern Border Security Commission.
Sec. 15. Use of force.
Sec. 16. Training for border security and immigration enforcement 
                            officers.
Sec. 17. Protection of family values in apprehension programs.
Sec. 18. Prohibition on new land border crossing fees.
Sec. 19. Limitations on dangerous deportation practices.
Sec. 20. Severability and delegation.
Sec. 21. Improving ports of entry for border security and other 
                            purposes.
Sec. 22. Improving cross-border transportation.
Sec. 23. Increase in numbers of United States Customs and Border 
                            Protection offices on land ports of entry.
Sec. 24. Racial profiling compliance.

SEC. 2. DEFINITIONS.

    In this Act:
     (a) Appropriate Congressional Committees.--The term ``appropriate 
congressional committees'' means the Committee on Natural Resources, 
the Committee on Homeland Security, and the Committee on Agriculture of 
the House of Representatives and the Committee on Energy and Natural 
Resources, the Committee on Homeland Security and Governmental Affairs, 
the Committee on Environment and Public Works, and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate.
    (b) Indian Tribe.--The term ``Indian tribe'' has the meaning given 
such term in section 4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b).
    (c) Secretary.--The term ``Secretary'' means the Secretary of 
Homeland Security.
    (d) Secretary Concerned.--The term ``Secretary concerned'' means 
the Secretary of Agriculture with respect to land under the 
jurisdiction of the Secretary of Agriculture, the Secretary of the 
Interior with respect to land under the jurisdiction of the Secretary 
of the Interior, the Secretary of Defense with respect to land under 
the jurisdiction of the Secretary of Defense, or the Secretary of 
Commerce with respect to land under the jurisdiction of the Secretary 
of Commerce.
    (e) Vulnerable Populations.--The term ``vulnerable populations'' 
means populations who face barriers in accessing and using victim 
services, and includes victims of human trafficking, victims of certain 
crimes who have suffered mental or physical abuse, victims of child 
abuse, abandonment and neglect.

SEC. 3. COMPREHENSIVE BORDER SECURITY STRATEGY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary, the Secretary of the Interior, 
the Secretary of Agriculture, the Secretary of Defense, and the 
Secretary of Commerce, in consultation with State, local, and tribal 
governments, border residents, and nongovernmental organizations, 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 States.
    (b) Elements of the Strategy.--The strategy developed in accordance 
with subsection (a) shall include the following components:
            (1) A comparative analysis report that assesses and 
        describes the state of border security, based on auditable and 
        verifiable data, along the international land borders of the 
        United States achievable through tactical infrastructure and 
        other security measures and activities. Measures assessed shall 
        include, at a minimum, the following:
                    (A) Fencing and infrastructure, including 
                pedestrian fencing, double layer fencing, landing mat 
                fencing, permanent vehicle barriers, and temporary 
                vehicle barriers.
                    (B) Vehicle barriers, especially in areas in the 
                vicinity of existing or planned roads.
                    (C) Border Patrol and Office of Field Operations 
                personnel.
                    (D) Efficacy of natural barriers and open space in 
                response to smuggling and trafficking of humans, 
                weapons, and illicit drugs.
                    (E) Fielding of advanced technologies and systems, 
                including systems developed and employed, or under 
                development, for tactical surveillance, multi-source 
                information integration, and response analysis in 
                difficult terrain and under adverse environmental 
                conditions.
                    (F) 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 humans, weapons, and 
                illicit drugs.
                    (G) Enhanced cooperation with, and assistance to, 
                intelligence, security, and law enforcement agencies in 
                Mexico and Canada in detecting, reporting, analyzing, 
                and successfully responding to smuggling and 
                trafficking of humans, weapons, and illicit drugs from 
                or into Mexico or Canada.
                    (H) Removal of obstructive non-native vegetation.
                    (I) Subterranean surveillance and detection 
                technologies.
                    (J) Deployable, lighter-than-air ground 
                surveillance equipment.
                    (K) Unmanned and man-portable aerial vehicles, 
                along with policy measures to protect privacy and civil 
                liberties.
                    (L) Ultralight aircraft detection capabilities.
                    (M) Advanced unattended surveillance sensors, 
                including tower-based surveillance technology, and 
                mobile vehicle-mounted and man-portable surveillance 
                systems.
            (2) A comprehensive analysis of cost and other impacts of 
        border security infrastructure, activities, and measures 
        assessed in paragraph (1), including an assessment of the 
        following:
                    (A) Construction costs, including both labor and 
                material costs.
                    (B) Maintenance costs over 5, 10, 15, and 20 years.
                    (C) Contractor costs.
                    (D) Management and overhead costs.
                    (E) The impacts on soils, wildlife, wildlife 
                habitat, functioning cross-border wildlife migration 
                corridors, and hydrology (including water quantity, 
                quality, and natural hydrologic flows) on Federal, 
                tribal, State, local, and private lands along the 
                borders.
                    (F) A comprehensive compilation of the fiscal 
                investments in acquiring or managing Federal, tribal, 
                State, local, and private lands and waters by the 
                Department of the Interior, including related 
                litigation and other costs, in the vicinity of, or 
                ecologically related to, the land borders of the United 
                States that have been acquired or managed in whole or 
                in part for conservation purposes (including the 
                creation or management of protected wildlife migration 
                corridors) in the following:
                            (i) Units of the National Park System.
                            (ii) National Forest System land.
                            (iii) Land under the jurisdiction of the 
                        Bureau of Land Management.
                            (iv) Land under the jurisdiction of the 
                        United States Fish and Wildlife Service.
                            (v) Other relevant land under the 
                        jurisdiction of the Department of the Interior 
                        or the Department of Agriculture.
                            (vi) Land under the jurisdiction of the 
                        Department of Defense or the individual 
                        military department.
                            (vii) Land under the jurisdiction of the 
                        Department of Commerce.
                            (viii) Tribal lands.
                            (ix) State and private lands.
                    (G) The impacts on the economy, culture, safety, 
                and quality of life of residents in the vicinity of the 
                international land borders of the United States.
                    (H) The impacts on the civil rights, private 
                property rights, privacy rights, and other civil 
                liberties of border residents, including a full 
                analysis for each Border Patrol sector of whether 
                operations are necessary and cost-effective further 
                than 25 air miles from any international border.
            (3) The costs of fully mitigating the adverse impacts to 
        Federal, tribal, State, local, and private lands, waters 
        (including water quality, quantity, and hydrological flows), 
        wildlife, and wildlife habitats by the Department of the 
        Interior, including, where such action is possible, the full 
        costs of the replacement or restoration of severed wildlife 
        migration corridors with protected corridors of equivalent 
        biological functionality, as determined by each Secretary 
        concerned, in consultation with appropriate authorities of 
        tribal, State, and local governments and appropriate 
        authorities of Mexico and Canada.
            (4) Recommendations for strategic border security 
        management based on the state of border security as detailed in 
        paragraph (1), the cost-benefit analysis as detailed in 
        paragraph (2), as well as the full mitigation costs specified 
        in paragraph (3).

SEC. 4. ACTIONS TO SECURE THE INTERNATIONAL LAND BORDERS OF THE UNITED 
              STATES.

    (a) In General.--Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 
note) is amended to read as follows:

``SEC. 102. IMPROVEMENT OF BORDER SECURITY.

    ``(a) In General.--The Secretary of Homeland Security shall take 
such actions as may be required to secure the international land 
borders of the United States. Such actions may be taken only in 
accordance with the border security strategy developed under section 3 
of the Border Security and Accountability Act of 2017.
    ``(b) Priority of Methods.--In carrying out the requirements of 
subsection (a), the Secretary of Homeland Security shall, where 
practicable, give first priority to low impact border enforcement 
techniques.
    ``(c) Consultation.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall consult with the Secretary 
        of the Interior, the Secretary of Agriculture, the Secretary of 
        Defense, the Secretary of Commerce, States, local governments, 
        tribal governments, and nonprofit, and nongovernmental 
        organizations to minimize the impact on the environment, 
        culture, commerce, safety, and quality of life, including civil 
        rights, private property rights, privacy rights, and other 
        civil liberties, for the communities and residents located near 
        the sites at which actions under subsection (a) are proposed to 
        be taken.
            ``(2) Rule of construction.--Nothing in this subsection may 
        be construed to--
                    ``(A) create or negate any right of action for a 
                State, local government, tribal government, or other 
                person or entity affected by this subsection;
                    ``(B) affect the eminent domain laws of the United 
                States or of any State; or
                    ``(C) waive the application of any other applicable 
                Federal, State, local, or tribal law.
            ``(3) Limitation on requirements.--Notwithstanding 
        subsection (a), nothing in this section shall require the 
        Secretary of Homeland Security to install border security 
        tactical infrastructure referred to in section 3(b)(1) of the 
        Border Security and Accountability Act of 2017 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 location, or if the 
        Secretary determines that the direct and indirect costs, or the 
        impacts on the environment, culture, commerce, safety, or 
        quality of life, including civil rights, private property 
        rights, privacy rights, and other civil liberties, for the 
        communities and residents along the border, likely to result 
        from the use or placement of such resources outweigh the 
        benefits of such use or placement.''.
    (b) Preconditions.--In carrying out section 102 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
104-208; 8 U.S.C. 1103 note), as amended by subsection (a) of this 
section, the Secretary of Homeland Security shall not commence any 
construction of fencing, physical barriers, roads, lighting, cameras, 
sensors, or other tactical infrastructure along or in the vicinity of 
an international land border of the United States, or award or expend 
funds pursuant to any contract or other agreement related thereto, 
prior to 90 days following the submission to Congress of the border 
protection strategy required under section 3 of this Act.

SEC. 5. BORDERLANDS MONITORING AND MITIGATION.

    (a) Mitigation Plan.--The Secretary, in consultation with the 
Secretary of the Interior, the Secretary of Agriculture, the Secretary 
of Defense, the Secretary of Commerce, and the heads of appropriate 
State and tribal wildlife agencies and entities, shall develop and 
implement a comprehensive monitoring and mitigation plan to address the 
ecological and environmental impacts of border security infrastructure, 
measures, and activities along the international land borders of the 
United States.
    (b) Requirements.--The mitigation plan required under subsection 
(a) shall include, at a minimum, measures to address and mitigate the 
full range of ecological and environmental impacts of border security 
infrastructure, measures, and activities, including the following:
            (1) Preserving, maintaining, and, if necessary, restoring, 
        wildlife migration corridors, key habitats, and the 
        ecologically functional connectivity between and among key 
        habitats sufficient to ensure that species (whether or not 
        designated as rare, protected, or of concern) remain viable and 
        are able to adapt to the impacts of climate change.
            (2) Addressing control of invasive species and implementing 
        measures necessary to avoid the spread of such species.
            (3) Maintaining hydrological functionality, including water 
        quantity and quality.
            (4) Incorporating adaptive management, including detailed 
        provisions for long-term monitoring of the mitigation plan's 
        effectiveness and for necessary adjustments to such plan based 
        on such monitoring results.
            (5) Protection of cultural and historical resources.
    (c) Preemption.--
            (1) In general.--Subject to paragraph (3), the Secretary is 
        authorized to carry out the mitigation plan required under 
        subsection (a) on any Federal, State, local, tribal, or private 
        lands in the vicinity of or ecologically related to an 
        international land border of the United States regardless of 
        which individual, agency, or entity has ownership of or 
        principal responsibility for the management of any such lands.
            (2) Conditions.--Activities carried out pursuant to 
        paragraph (1) in connection with the mitigation plan shall be 
        carried out in full consultation with, and with the concurrence 
        of, the owner of, or entity with principal responsibility for, 
        the management of the lands described in such paragraph.
    (d) Administration.--
            (1) Authorization.--Notwithstanding any other provision of 
        law, the Secretary of Homeland Security, the Secretary of 
        Agriculture, the Secretary of Defense, and the Secretary of 
        Commerce may each transfer funds available to such Secretary to 
        the Secretary of the Interior for--
                    (A) expenditures under programs (including any 
                international programs) of the Department of the 
                Interior that are designed to fund conservation-related 
                activities (directly or through grants or similar 
                mechanisms) on Federal and non-Federal lands, including 
                land acquisition programs; and
                    (B) mitigation activities on Federal lands managed 
                by the Department of the Interior, if such activities 
                are required to implement the mitigation plan required 
                under subsection (a) and if the costs of such 
                activities are higher than the costs associated with 
                managing such lands in the absence of such activities.
            (2) Exemption from reprogramming requirements.--Funds 
        transferred pursuant to the authorization under paragraph (1) 
        shall not be subject to reprogramming requirements.
            (3) 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 (a).

SEC. 6. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary of Homeland Security shall 
develop and implement a plan to improve coordination among United 
States Immigration and Customs Enforcement, United States Customs and 
Border Protection, and any other Federal, State, local, or tribal 
authorities, as determined appropriate by the Secretary, to improve 
coordination efforts to combat human smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary of Homeland Security shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training, including 
        methods to ascertain crime victims and vulnerable populations;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes, including whether or not State and local law 
                enforcement partners are certifying such visas and the 
                numbers of both certifications and applications for 
                certification; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary of Homeland Security 
        considers appropriate to combat human smuggling.
    (c) Report.--Not later than one year after implementing the plan 
described in subsection (a), the Secretary of Homeland Security shall 
submit to Congress and the Government Accountability Office a report on 
such plan, including any recommendations for legislative action to 
improve efforts to combating human smuggling.

SEC. 7. DEATHS ALONG THE U.S.-MEXICO BORDER: REPORTS AND STRATEGIES FOR 
              PREVENTION.

    (a) Reports on Deaths Along the U.S.-Mexico Border.--Not later than 
180 days after the date of the enactment of this Act and every 90 days 
thereafter, 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 Mexico, including information relating to the following:
            (1) The causes of such deaths.
            (2) The total number of such deaths.
            (3) Location of such deaths.
            (4) Sex, age, and country of origin (when possible).
    (b) Annual Report.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Commissioner of 
United States Customs and Border Protection shall submit to the 
Secretary of Homeland Security and Congress a report that--
            (1) analyzes trends with respect to the statistics 
        collected under subsection (a) during the preceding year;
            (2) recommends actions to reduce and prevent the deaths 
        referred to in subsection (a); and
            (3) specifies a number of additional rescue beacons that, 
        if deployed, would reduce and prevent migrant deaths, as well 
        as location-specific statistics evaluating the frequency of use 
        of rescue beacons.
    (c) Rescue Beacons.--By not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security shall 
deploy 20 rescue beacons in areas of greatest need, as determined by 
the Secretary.

SEC. 8. SOUTHWEST BORDER STRATEGY STUDY AND ANALYSIS.

    (a) In General.--The Secretary of Homeland Security shall conduct a 
study of southwest border enforcement operations since 1994 and the 
relationship of such operations to death rates on the United States-
Mexico border. Such study shall be conducted in cooperation with 
nongovernmental organizations and other community stakeholders involved 
in recovering and identifying migrant deaths and include the following:
            (1) An analysis of the relationship of border enforcement 
        and deaths on the border.
            (2) An analysis of whether physical barriers, technology, 
        and enforcement programs have contributed to the rate of deaths 
        occurring along the border between the United States and 
        Mexico.
            (3) 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 
        Mexico.
            (4) An assessment of existing protocol related to 
        reporting, tracking and interagency communications between 
        United States Customs and Border Protection and local first 
        responders and consular services, 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 others.
    (b) Submission.--The Secretary of Homeland Security shall submit 
the study required under subsection (a) to the following:
            (1) The Southern Border Security Commission, established 
        under section 14.
            (2) The Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate.
            (3) The Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives.
            (4) The Committee on Oversight and Government Reform of the 
        House of Representatives.

SEC. 9. PROHIBITION ON MILITARY INVOLVEMENT IN NONEMERGENCY BORDER 
              ENFORCEMENT.

    (a) In General.--The Armed Forces, including the National Guard, 
are prohibited from assisting in Federal, State, and local and civilian 
law enforcement of immigration laws.
    (b) Exception.--The Armed Forces, including the National Guard, may 
assist in Federal, State, 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 following:
            (1) Rear echelon support duties, including logistical 
        support, construction, and intelligence collection from 
        positions within 25 miles from the border.
            (2) Non-armed operations within 25 miles of the border, 
        including listening posts and observation post operations.
            (3) Armed operations within 25 miles of the border, 
        including listening posts and observation post operations.
    (c) Report.--The Secretary of Defense shall annually submit to 
Congress a report that details the involvement of the Armed Forces, 
including the National Guard, in border security and the enforcement of 
Federal immigration laws in accordance with this section.

SEC. 10. BORDER COMMUNITIES LIAISON OFFICE.

    (a) Establishment.--The Secretary of Homeland Security shall 
establish, in consultation with the Office for Civil Rights and Civil 
Liberties of the Department of Homeland Security, a Border Communities 
Liaison Office in every border patrol sector at the southern and 
northern borders.
    (b) Purpose.--The purpose of the Border Communities Liaison Offices 
established pursuant to subsection (a) shall be to--
            (1) foster and institutionalize consultation with border 
        communities;
            (2) consult with border communities on agency policies, 
        directives, and laws;
            (3) consult with border communities on agency strategies 
        and strategy development;
            (4) consult with border communities on agency services and 
        operational issues;
            (5) receive assessments on agency performance from border 
        communities; and
            (6) receive and respond promptly and transparently to 
        complaints regarding agency performance and agent conduct.
    (c) 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--
            (1) 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 Justice;
            (2) foster and institutionalize consultation with border 
        communities;
            (3) consult with border communities on Department of 
        Homeland Security programs, policies, strategies, and 
        directives; and
            (4) receive Department of Homeland Security performance 
        assessments from border communities.

SEC. 11. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES AND OFFICE OF 
              INSPECTOR GENERAL.

    (a) 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 Security.
    (b) 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 year.
    (c) 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--
            (1) the total number of Customs and Border Protection 
        complaints received in the past year, broken down by whether 
        the complaints were received directly or indirectly from 
        another, specified component of the Department, and how many of 
        those complaints were accepted for investigation as well as 
        completed;
            (2) the number of such complaints by subject-matter 
        category, including a notation specifying a complaint raising 
        multiple issues or originating from multiple complainants; and
            (3) the number of confidentiality complaints received 
        during the preceding year and the status and resolution of such 
        complaints.

SEC. 12. COOPERATION WITH THE GOVERNMENT OF MEXICO.

    (a) Cooperation Regarding Border Security.--The Secretary of State, 
in cooperation with the Secretary of Homeland Security and 
representatives of Federal, State, local, and tribal law enforcement 
agencies that are involved in border security and immigration 
enforcement efforts, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between the United States 
and Mexico regarding the following:
            (1) Improved border security along the international border 
        between the United States and Mexico.
            (2) The reduction of human trafficking and smuggling 
        between the United States and Mexico.
            (3) The reduction of drug trafficking and smuggling between 
        the United States and Mexico.
            (4) The reduction of gang membership in the United States 
        and Mexico.
            (5) The reduction of violence against women in the United 
        States and Mexico.
            (6) The reduction of other violence and criminal activity.
            (7) The reduction of deaths along the border.
            (8) Mitigation measures included in the mitigation plan 
        required under section 5.
    (b) Cooperation Regarding Education on Immigration Laws.--The 
Secretary of State, in cooperation with other appropriate Federal 
officials, shall work with the appropriate officials from the 
Government of Mexico to carry out activities to educate citizens and 
nationals of Mexico regarding eligibility for status as a nonimmigrant 
under Federal law to ensure that such citizens and nationals are not 
exploited while working in the United States.
    (c) Cooperation Regarding Circular Migration.--The Secretary of 
State, in cooperation with the Secretary of Labor and other appropriate 
Federal officials, shall work with the appropriate officials from the 
Government of Mexico to improve coordination between the United States 
and Mexico to encourage circular migration, including assisting in the 
development of economic opportunities and providing job training for 
citizens and nationals in Mexico.
    (d) Consultation Requirement.--Federal representatives in the 
United States shall consult State, 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--
            (1) solicit the views of affected communities;
            (2) lessen tensions; and
            (3) foster greater understanding and stronger cooperation 
        on this and other important security issues of mutual concern.
    (e) Annual Report.--Not later than 180 days after the date of the 
enactment of this Act and annually thereafter, the Secretary of State 
shall submit to Congress a report on the actions taken by the United 
States and Mexico under this section.

SEC. 13. SOUTHERN BORDER SECURITY TASK FORCE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
establish a Southern Border Security Task Force (in this section 
referred to as the ``Task Force'') to coordinate the efforts of 
Federal, State, and local border and law enforcement officials and task 
forces to establish an accountable and humane border security strategy.
    (b) Composition.--The Task Force shall be comprised of personnel 
from the following:
            (1) United States Customs and Border Protection and Office 
        Field Operations.
            (2) United States Immigration and Customs Enforcement.
            (3) The Coast Guard.
            (4) Other Federal agencies, as appropriate.
            (5) Southern border State law enforcement agencies.
            (6) Local law enforcement agencies from affected southern 
        border cities and communities.
            (7) Nongovernmental organizations representing border 
        communities.
    (c) Director.--The Secretary of Homeland Security shall appoint as 
a Director of the Task Force an individual who is experienced and 
knowledgeable in law enforcement generally and border security issues 
specifically.
    (d) Report.--Not later than 180 days after the date of the 
establishment of the Task Force under subsection (a) and annually 
thereafter, the Secretary of Homeland Security shall submit to the 
Committee on Homeland 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 policies, measures and activities on the 
environment, culture, commerce, safety, or quality of life including 
civil rights, private property rights, and other civil liberties, for 
the communities and residents along the southern border.

SEC. 14. SOUTHERN BORDER SECURITY COMMISSION.

    (a) Establishment.--Not later than one year after the date of the 
enactment of this Act, there shall be established a commission to be 
known as the ``Southern Border Security Commission'' (in this section 
referred to as the ``Commission'').
    (b) Composition.--
            (1) In general.--The Commission shall be composed of 33 
        members, appointed by the President, who have expertise in 
        migration, local crime indices, civil and human rights, 
        community relations, cross-border trade and commerce, 
        environmental and ecological border issues, quality of life 
        indicators, or other pertinent experience, of whom--
                    (A) fourteen members shall be from the Northern 
                border region and shall include--
                            (i) two local government elected officials;
                            (ii) two local law enforcement officials;
                            (iii) two tribal government officials;
                            (iv) two civil rights advocates;
                            (v) one business representative;
                            (vi) one higher education representative;
                            (vii) one private land owner 
                        representative;
                            (viii) one representative of a faith 
                        community; and
                            (ix) two representatives of United States 
                        Border Patrol;
                    (B) nineteen members shall be from the Southern 
                border region and include--
                            (i) three local government elected 
                        officials;
                            (ii) three local law enforcement officials;
                            (iii) two tribal government officials;
                            (iv) three civil rights advocates;
                            (v) two business representatives;
                            (vi) one higher education representative;
                            (vii) two private land owner 
                        representatives;
                            (viii) one representative of a faith 
                        community; and
                            (ix) two representatives of United States 
                        Border Patrol; and
                    (C) at least one member shall have environmental 
                and ecological expertise.
            (2) Time of appointment.--The appointments required by 
        paragraph (1) shall be made not later than one year after the 
        date of the enactment of this Act.
            (3) Chair.--At the first meeting of the Commission, a 
        majority of the members of the Commission present and voting 
        shall elect the Chair of the Commission.
            (4) Vacancies.--Any vacancy of the Commission shall not 
        affect its powers, but shall be filled in the manner in which 
        the original appointment was made.
            (5) Rules.--The Commission shall establish the rules and 
        procedures of the Commission which shall require the approval 
        of at least six members of the Commission.
    (c) Duties.--
            (1) In general.--The Commission's primary responsibility 
        shall be to make recommendations to the President, the 
        Secretary of Homeland Security, and Congress on policies to 
        achieve and maintain the border security strategy specified in 
        section 3, and should include--
                    (A) review and recommendations regarding 
                immigration and border enforcement policies, 
                strategies, and programs that take into consideration 
                their impact on border and tribal communities;
                    (B) 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 Security, the 
                Department of Justice, and other Federal agencies that 
                carry out such policies, strategies, and programs;
                    (C) an evaluation on how the policies, strategies, 
                and programs of Federal agencies operating along the 
                international borders between the United States and 
                Mexico and between the United States and Canada protect 
                the due process, civil, and human rights of border 
                residents, visitors, and migrants at and near such 
                borders;
                    (D) an assessment of the extent of the negative 
                economic impact, if any, on the United States due to 
                staffing needs at land ports of entry along such 
                borders;
                    (E) a determination of whether border policies and 
                practices ensure that the free flow of legitimate 
                travel and commerce is not diminished by efforts, 
                activities, and programs aimed at securing the 
                international land ports of entry along the 
                international border between the United States and 
                Mexico;
                    (F) any other matters regarding cross-border trade 
                policies, strategies, and programs the Commission 
                determines appropriate; and
                    (G) an evaluation and recommendations regarding the 
                training of border enforcement personnel described in 
                section 17.
            (2) Public hearings.--The Commission may, for the purpose 
        of carrying out its duties, hold hearings, sit and act, take 
        testimony, receive evidence, and administer oaths.
                    (A) In general.--The Commission shall convene at 
                least two public hearings each year on border security.
                    (B) Summaries.--The Commission shall provide a 
                summary of each hearing convened pursuant to 
                subparagraph (A) on the Federal Register.
    (d) Travel Expenses.--Members of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Commission.
    (e) 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 functions. 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 privilege.
    (f) Report.--Not later than two years after its first meeting, the 
Commission shall submit to the President, Congress, and the Secretary 
of Homeland Security a final report that contains--
            (1) findings with respect to the duties of the Commission; 
        and
            (2) recommendations regarding border and immigration 
        enforcement policies, strategies, and programs, including--
                    (A) a recommendation as to whether the Commission 
                should continue to operate; and
                    (B) a description of any duties for which the 
                Commission should be responsible after the termination 
                date described in subsection (f).
    (g) Response.--Not later than 180 days after receiving the findings 
and recommendations from the Commission under subsection (f), the 
Secretary of Homeland Security shall issue a response that describes 
how the Department of Homeland Security has addressed, or will address, 
such findings and recommendations. If the Secretary disagrees with any 
finding of the Commission, the Secretary shall provide an explanation 
for the disagreement.
    (h) Information From Federal Agencies.--The Chair, or a majority of 
the members of the Commission, may request statistics relating to the 
duties described in subsection (c) directly from any Federal agency, 
which shall, to the extent authorized by law, furnish such information, 
suggestions, estimates, and statistics directly to the Commission.
    (i) 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 2018 through 2021.
    (j) Sunset.--The Commission shall terminate operations 60 days 
after the date on which the Commission submits the report described in 
subsection (i).

SEC. 15. USE OF FORCE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security, in consultation with the 
Assistant Attorney General for the Civil Rights Division of the 
Department of Justice, shall issue policies governing the use of force 
by all Department of Homeland Security personnel that--
            (1) require, by not later than 18 months after the date of 
        the enactment of this Act, that all full-time, active duty 
        customs and protection officers wear body-worn cameras when in 
        the field;
            (2) require all Department personnel to report each use of 
        force; and
            (3) establish procedures for--
                    (A) accepting and investigating complaints 
                regarding the use of force by Department personnel;
                    (B) disciplining Department personnel who violate 
                any law or Department policy relating to the use of 
                force; and
                    (C) reviewing all uses of force by Department 
                personnel to determine whether the use of force--
                            (i) complied with Department policy; or
                            (ii) demonstrates the need for changes in 
                        policy, training, or equipment.

SEC. 16. TRAINING FOR BORDER SECURITY AND IMMIGRATION ENFORCEMENT 
              OFFICERS.

    (a) In General.--The Secretary of Homeland Security shall ensure 
that United States Customs and Border Protection officers, United 
States Border Patrol agents, United States Immigration and Customs 
Enforcement officers and agents, United States Air and Marine Division 
agents, agriculture specialists, 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 
training, which shall be prepared in collaboration with the Assistant 
Attorney General for the Civil Rights Division of the Department of 
Justice, in the following:
            (1) Identifying and detecting fraudulent travel documents.
            (2) Civil, constitutional, human, and privacy rights of 
        individuals.
            (3) The scope of enforcement authorities, including 
        interrogations, stops, searches, seizures, arrests, and 
        detentions and protocols for collecting comprehensive data on 
        these law enforcement interactions.
            (4) The use of force policies issued by the Secretary.
            (5) Immigration laws, including screening, identifying, and 
        addressing vulnerable populations, such as children, victims of 
        crime and human trafficking, and individuals fleeing 
        persecution or torture.
            (6) Social and cultural sensitivity toward border 
        communities, including initial and refresher language training 
        and training on how to avoid harassment.
            (7) The impact of border operations on communities.
            (8) Any particular environmental concerns in a particular 
        area.
    (b) Humane Conditions of Confinement for Children in United States 
Customs and Border Protection Custody.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall establish standards to ensure that children in the 
custody of United States Customs and Border Protection--
            (1) are afforded adequate medical and mental health care, 
        including emergency medical and mental health care, when 
        necessary;
            (2) receive adequate nutrition;
            (3) are provided with climate-appropriate clothing, 
        footwear, and bedding;
            (4) have basic personal hygiene and sanitary products; and
            (5) are permitted to make supervised phone calls to family 
        members.
    (c) Additional Considerations.--In developing and providing 
training under subsections (a) and (b) 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 
infrastructure, operations, or other activities.

SEC. 17. PROTECTION OF FAMILY VALUES IN APPREHENSION PROGRAMS.

    (a) Definitions.--In this section:
            (1) 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 
        border.
            (2) Border.--The term ``border'' means an international 
        border of the United States.
            (3) Child.--Except as otherwise specifically provided, the 
        term ``child'' has the meaning given to such term in section 
        101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 
        1101(b)(1)).
            (4) Cooperating entity.--The term ``cooperating entity'' 
        means a State or local entity acting pursuant to an agreement 
        with the Secretary of Homeland Security.
            (5) 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 (8 U.S.C. 1001 et seq.) 
        by the Secretary of Homeland Security or a cooperating entity.
    (b) Procedures for Migration Deterrence Programs at the Border.--In 
any migration deterrence program carried out at a border, the Secretary 
of Homeland Security and cooperating entities shall for each 
apprehended individual--
            (1) as soon as practicable after such individual is 
        apprehended--
                    (A) inquire as to whether such apprehended 
                individual is--
                            (i) a parent, legal guardian, or primary 
                        caregiver of a child; or
                            (ii) traveling with a spouse or child; and
                    (B) ascertain whether repatriation of such 
                apprehended individual presents any humanitarian 
                concern or concern related to such apprehended 
                individual's physical safety; and
            (2) ensure that, with respect to a decision related to the 
        repatriation or referral for prosecution of such apprehended 
        individual, due consideration is given--
                    (A) to the best interests of such apprehended 
                individual's child, if any;
                    (B) to family unity whenever possible;
                    (C) to other public interest factors, including 
                humanitarian concerns and concerns related to such 
                apprehended individual's physical safety; and
                    (D) to human rights obligations under domestic and 
                international law, including protection of asylum 
                seekers from prosecution.
    (c) Mandatory Training.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, the 
Attorney General, the Secretary of State, and independent immigration, 
child welfare, family law, and human rights law experts, shall--
            (1) 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 authorities, policies, and procedures 
        relevant to the preservation of a child's best interest, family 
        unity, and other public interest factors, including those 
        described in this Act; and
            (2) require border enforcement personnel to undertake 
        periodic and continuing training on best practices and changes 
        in relevant legal authorities, policies, and procedures 
        pertaining to the preservation of a child's best interest, 
        family unity, and other public interest factors, including 
        those described in this Act.
    (d) Annual Report on the Impact of Migration Deterrence Programs at 
the Border.--
            (1) Requirement for annual report.--Not later than one year 
        after the date of the enactment of this Act and annually 
        thereafter, the Secretary of Homeland Security shall submit to 
        Congress a report that describes the impact of migration 
        deterrence programs on parents, legal guardians, primary 
        caregivers of a child, individuals traveling with a spouse or 
        child, and individuals who present humanitarian considerations 
        or concerns related to the individual's physical safety.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include for the previous one-year period an assessment of 
        the following:
                    (A) The number of apprehended individuals removed, 
                repatriated, or referred for prosecution who are the 
                parent, legal guardian, or primary caregiver of a child 
                who is a citizen of the United States.
                    (B) The number of occasions in which both parents, 
                or the primary caretaker of such a child was removed, 
                repatriated, or referred for prosecution as part of a 
                migration deterrence program.
                    (C) The number of apprehended individuals traveling 
                with close family members who are removed, repatriated, 
                or referred for prosecution.
                    (D) The impact of migration deterrence programs on 
                public interest factors, including humanitarian 
                concerns and physical safety.
    (e) Regulations.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate regulations to implement this section.

SEC. 18. PROHIBITION ON NEW LAND BORDER CROSSING FEES.

    (a) In General.--Beginning on the date of the enactment of this 
Act, the Secretary of Homeland Security may not--
            (1) establish, collect, or otherwise impose any new border 
        crossing fee on individuals crossing the southern border or the 
        northern border at a land port of entry; or
            (2) conduct any study relating to the imposition of a 
        border crossing fee.
    (b) Border Crossing Fee Defined.--In this section, the term 
``border crossing fee'' means a fee that every pedestrian, cyclist, 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 entry.

SEC. 19. LIMITATIONS ON DANGEROUS DEPORTATION PRACTICES.

    (a) Certification Required.--
            (1) In general.--Not later than one year after the date of 
        the enactment of this Act and every 180 days thereafter, the 
        Secretary of Homeland Security, except as provided in paragraph 
        (2), 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 hours.
            (2) Exception.--The certification required under paragraph 
        (1) shall not apply to the deportation or removal of a migrant 
        otherwise described in such paragraph if--
                    (A) the manner of the deportation or removal is 
                justified by a compelling governmental interest;
                    (B) 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 Consulate; or
                    (C) the migrant is not an unaccompanied minor and 
                the migrant--
                            (i) is deported or removed through an entry 
                        or exit point in the same sector as the place 
                        where the migrant was apprehended; or
                            (ii) agrees to be deported or removed in 
                        such manner after being notified of the 
                        intended manner of deportation or removal.
    (b) Additional Information Required.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to Congress a study of the Alien Transfer Exit 
Program, which shall include--
            (1) the specific locations on the southern border where 
        lateral repatriations have occurred during the one-year period 
        preceding the submission of such study;
            (2) 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 recidivism; and
            (3) the consideration given, if any, to the rates of 
        violent crime and the availability of infrastructure and social 
        services in Mexico near such locations.
    (c) Prohibition on Confiscation of Property.--The lawful, 
nonperishable belongings of a migrant, including all money but 
excluding property that cannot lawfully be possessed, shall be returned 
to the migrant prior to transfer, repatriation, or release, in 
coordination with other State and Federal agencies as necessary.

SEC. 20. SEVERABILITY AND DELEGATION.

    (a) Severability.--If any provision of this Act or any amendment 
made by this Act, or any application of such provision or amendment to 
any person or circumstance, is held to be unconstitutional, 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 affected.
    (b) 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 Agriculture, the Attorney General, 
the Secretary of Defense, the Secretary of Health and Human Services, 
or the Secretary of State.

SEC. 21. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER 
              PURPOSES.

    There is authorized to be appropriated to the Administrator of the 
General Services Administration $400,000,000 for fiscal year 2018 for 
planning, management, design, alteration, and construction of United 
States Customs and Border Protection-owned land border ports of entry.

SEC. 22. IMPROVING CROSS-BORDER TRANSPORTATION.

    There is authorized to be appropriated to the Federal Highway 
Administration $100,000,000 for fiscal year 2018 for--
            (1) improvements to existing transportation and supporting 
        infrastructure along the land border ports of entry;
            (2) construction of highways and related safety facilities 
        along the land border ports of entry; and
            (3) international coordination and transportation planning, 
        programming, and border operations with Mexico.

SEC. 23. INCREASE IN NUMBERS OF UNITED STATES CUSTOMS AND BORDER 
              PROTECTION OFFICES ON LAND PORTS OF ENTRY.

    (a) Customs and Border Protection Officers.--The Secretary shall 
increase by 5,000 the total number of full-time, 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 30, 2022.
    (b) Customs and Border Protection Support Personnel.--The Secretary 
shall increase by 350 the total number of full-time support staff for 
all United States land ports of entry by September 30, 2022.

SEC. 24. 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 Race, Ethnicity, Gender, 
National Origin, Religion, Sexual Orientation, or Gender Identity'', 
including the requirements under such guidance for training, data 
collection, and accountability. Not later than 90 days after the date 
of the enactment of this Act, 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 profiling.
                                 <all>