I 

114TH CONGRESS 

1ST SESSION H. R. 4303 

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 

DECEMBER 18, 2015 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Border Security and Accountability Act of 2015’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (a) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

9 The term ‘‘appropriate congressional committees’’ means 

10 the Committee on Natural Resources, the Committee on 

11 Homeland Security, and the Committee on Agriculture of 

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1 ergy and Natural Resources, the Committee on Homeland 

2 Security and Governmental Affairs, the Committee on En3 vironment and Public Works, and the Committee on Agri4 culture, Nutrition, and Forestry of the Senate. 

5 (b) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the 

6 meaning given such term in section 4 of the Indian Self7 Determination and Education Assistance Act (25 U.S.C. 

8 450b). 

9 (c) SECRETARY.—The term ‘‘Secretary’’ means the 

10 Secretary of Homeland Security. 

11 (d) SECRETARY CONCERNED.—The term ‘‘Secretary 

12 concerned’’ means the Secretary of Agriculture with re13 spect to land under the jurisdiction of the Secretary of 

14 Agriculture, the Secretary of the Interior with respect to 

15 land under the jurisdiction of the Secretary of the Interior, 

16 the Secretary of Defense with respect to land under the 

17 jurisdiction of the Secretary of Defense, or the Secretary 

18 of Commerce with respect to land under the jurisdiction 

19 of the Secretary of Commerce. 

20 (e) VULNERABLE POPULATIONS.—The term ‘‘vulner21 able populations’’ means populations who face barriers in 

22 accessing and using victim services, and includes victims 

23 of human trafficking, victims of certain crimes who have 

24 suffered mental or physical abuse, victims of child abuse, 

25 abandonment and neglect. 


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1 SEC. 3. COMPREHENSIVE BORDER SECURITY STRATEGY. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Secretary, the Sec4 retary of the Interior, the Secretary of Agriculture, the 

5 Secretary of Defense, and the Secretary of Commerce, in 

6 consultation with State, local, and tribal governments, 

7 border residents, and nongovernmental organizations, 

8 shall jointly develop and submit to Congress and the Gov9 ernment Accountability Office a comprehensive border se10 curity strategy for the international land borders of the 

11 United States. 

12 (b) ELEMENTS OF THE STRATEGY.—The strategy 

13 developed in accordance with subsection (a) shall include 

14 the following components: 

15 (1) A comparative analysis report that assesses 

16 and describes the state of border security, based on 

17 auditable and verifiable data, along the international 

18 land borders of the United States achievable through 

19 tactical infrastructure and other security measures 

20 and activities. Measures assessed shall include, at a 

21 minimum, the following: 

22 (A) Fencing and infrastructure, including 

23 pedestrian fencing, double layer fencing, land24 ing mat fencing, permanent vehicle barriers, 

25 and temporary vehicle barriers. 


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1 (B) Vehicle barriers, especially in areas in 

2 the vicinity of existing or planned roads. 

3 (C) Border Patrol and Office of Field Op4 erations personnel. 

5 (D) Efficacy of natural barriers and open 

6 space in response to smuggling and trafficking 

7 of humans, weapons, and illicit drugs. 

8 (E) Fielding of advanced technologies and 

9 systems, including systems developed and em10 ployed, or under development, for tactical sur11 veillance, multi-source information integration, 

12 and response analysis in difficult terrain and 

13 under adverse environmental conditions. 

14 (F) Regional as well as urban and rural 

15 variation in border security methodologies and 

16 incorporation of natural barriers and open 

17 spaces in response to smuggling and trafficking 

18 of humans, weapons, and illicit drugs. 

19 (G) Enhanced cooperation with, and assist20 ance to, intelligence, security, and law enforce21 ment agencies in Mexico and Canada in detect22 ing, reporting, analyzing, and successfully re23 sponding to smuggling and trafficking of hu24 mans, weapons, and illicit drugs from or into 

25 Mexico or Canada. 


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1 (H) Removal of obstructive non-native 

2 vegetation. 

3 (I) Subterranean surveillance and detection 

4 technologies. 

5 (J) Deployable, lighter-than-air ground 

6 surveillance equipment. 

7 (K) Unmanned and man-portable aerial ve8 hicles, along with policy measures to protect 

9 privacy and civil liberties. 

10 (L) Ultralight aircraft detection capabili11 ties. 

12 (M) Advanced unattended surveillance sen13 sors, including tower-based surveillance tech14 nology, and mobile vehicle-mounted and man15 portable surveillance systems. 

16 (2) A comprehensive analysis of cost and other 

17 impacts of border security infrastructure, activities, 

18 and measures assessed in paragraph (1), including 

19 an assessment of the following: 

20 (A) Construction costs, including both 

21 labor and material costs. 

22 (B) Maintenance costs over 5, 10, 15, and 

23 20 years. 

24 (C) Contractor costs. 

25 (D) Management and overhead costs. 


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1 (E) The impacts on soils, wildlife, wildlife 

2 habitat, functioning cross-border wildlife migra3 tion corridors, and hydrology (including water 

4 quantity, quality, and natural hydrologic flows) 

5 on Federal, tribal, State, local, and private 

6 lands along the borders. 

7 (F) A comprehensive compilation of the 

8 fiscal investments in acquiring or managing 

9 Federal, tribal, State, local, and private lands 

10 and waters by the Department of the Interior, 

11 including related litigation and other costs, in 

12 the vicinity of, or ecologically related to, the 

13 land borders of the United States that have 

14 been acquired or managed in whole or in part 

15 for conservation purposes (including the cre16 ation or management of protected wildlife mi17 gration corridors) in the following: 

18 (i) Units of the National Park Sys19 tem. 

20 (ii) National Forest System land. 

21 (iii) Land under the jurisdiction of the 

22 Bureau of Land Management. 

23 (iv) Land under the jurisdiction of the 

24 United States Fish and Wildlife Service. 


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1 (v) Other relevant land under the ju2 risdiction of the Department of the Inte3 rior or the Department of Agriculture. 

4 (vi) Land under the jurisdiction of the 

5 Department of Defense or the individual 

6 military department. 

7 (vii) Land under the jurisdiction of 

8 the Department of Commerce. 

9 (viii) Tribal lands. 

10 (ix) State and private lands. 

11 (G) The impacts on the economy, culture, 

12 safety, and quality of life of residents in the vi13 cinity of the international land borders of the 

14 United States. 

15 (H) The impacts on the civil rights, private 

16 property rights, privacy rights, and other civil 

17 liberties of border residents, including a full 

18 analysis for each Border Patrol sector of wheth19 er operations are necessary and cost-effective 

20 further than 25 air miles from any inter21 national border. 

22 (3) The costs of fully mitigating the adverse im23 pacts to Federal, tribal, State, local, and private 

24 lands, waters (including water quality, quantity, and 

25 hydrological flows), wildlife, and wildlife habitats by 


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1 the Department of the Interior, including, where 

2 such action is possible, the full costs of the replace3 ment or restoration of severed wildlife migration cor4 ridors with protected corridors of equivalent biologi5 cal functionality, as determined by each Secretary 

6 concerned, in consultation with appropriate authori7 ties of tribal, State, and local governments and ap8 propriate authorities of Mexico and Canada. 

9 (4) Recommendations for strategic border secu10 rity management based on the state of border secu11 rity as detailed in paragraph (1), the cost-benefit 

12 analysis as detailed in paragraph (2), as well as the 

13 full mitigation costs specified in paragraph (3). 

14 SEC. 4. ACTIONS TO SECURE THE INTERNATIONAL LAND 

15 BORDERS OF THE UNITED STATES. 

16 (a) IN GENERAL.—Section 102 of the Illegal Immi17 gration Reform and Immigrant Responsibility Act of 1996 

18 (Public Law 104–208; 8 U.S.C. 1103 note) is amended 

19 to read as follows: 

20 ‘‘SEC. 102. IMPROVEMENT OF BORDER SECURITY. 

21 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se22 curity shall take such actions as may be required to secure 

23 the international land borders of the United States. Such 

24 actions may be taken only in accordance with the border 


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1 security strategy developed under section 3 of the Border 

2 Security and Accountability Act of 2015. 

3 ‘‘(b) PRIORITY OF METHODS.—In carrying out the 

4 requirements of subsection (a), the Secretary of Homeland 

5 Security shall, where practicable, give first priority to low 

6 impact border enforcement techniques. 

7 ‘‘(c) CONSULTATION.— 

8 ‘‘(1) IN GENERAL.—In carrying out this sec9 tion, the Secretary of Homeland Security shall con10 sult with the Secretary of the Interior, the Secretary 

11 of Agriculture, the Secretary of Defense, the Sec12 retary of Commerce, States, local governments, trib13 al governments, and nonprofit, and nongovernmental 

14 organizations to minimize the impact on the environ15 ment, culture, commerce, safety, and quality of life, 

16 including civil rights, private property rights, privacy 

17 rights, and other civil liberties, for the communities 

18 and residents located near the sites at which actions 

19 under subsection (a) are proposed to be taken. 

20 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

21 this subsection may be construed to— 

22 ‘‘(A) create or negate any right of action 

23 for a State, local government, tribal govern24 ment, or other person or entity affected by this 

25 subsection; 


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1 ‘‘(B) affect the eminent domain laws of the 

2 United States or of any State; or 

3 ‘‘(C) waive the application of any other ap4 plicable Federal, State, local, or tribal law. 

5 ‘‘(3) LIMITATION ON REQUIREMENTS.—Not6 withstanding subsection (a), nothing in this section 

7 shall require the Secretary of Homeland Security to 

8 install border security tactical infrastructure re9 ferred to in section 3(b)(1) of the Border Security 

10 and Accountability Act of 2015 in a particular loca11 tion along the international border of the United 

12 States if the Secretary determines that the use or 

13 placement of such resources is not the most effective 

14 and appropriate means to secure the international 

15 border at such location, or if the Secretary deter16 mines that the direct and indirect costs, or the im17 pacts on the environment, culture, commerce, safety, 

18 or quality of life, including civil rights, private prop19 erty rights, privacy rights, and other civil liberties, 

20 for the communities and residents along the border, 

21 likely to result from the use or placement of such re22 sources outweigh the benefits of such use or place23 ment.’’. 

24 (b) PRECONDITIONS.—In carrying out section 102 of 

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1 bility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 

2 note), as amended by subsection (a) of this section, the 

3 Secretary of Homeland Security shall not commence any 

4 construction of fencing, physical barriers, roads, lighting, 

5 cameras, sensors, or other tactical infrastructure along or 

6 in the vicinity of an international land border of the 

7 United States, or award or expend funds pursuant to any 

8 contract or other agreement related thereto, prior to 90 

9 days following the submission to Congress of the border 

10 protection strategy required under section 3 of this Act. 

11 SEC. 5. BORDERLANDS MONITORING AND MITIGATION. 

12 (a) MITIGATION PLAN.—The Secretary, in consulta13 tion with the Secretary of the Interior, the Secretary of 

14 Agriculture, the Secretary of Defense, the Secretary of 

15 Commerce, and the heads of appropriate State and tribal 

16 wildlife agencies and entities, shall develop and implement 

17 a comprehensive monitoring and mitigation plan to ad18 dress the ecological and environmental impacts of border 

19 security infrastructure, measures, and activities along the 

20 international land borders of the United States. 

21 (b) REQUIREMENTS.—The mitigation plan required 

22 under subsection (a) shall include, at a minimum, meas23 ures to address and mitigate the full range of ecological 

24 and environmental impacts of border security infrastruc25 ture, measures, and activities, including the following: 


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1 (1) Preserving, maintaining, and, if necessary, 

2 restoring, wildlife migration corridors, key habitats, 

3 and the ecologically functional connectivity between 

4 and among key habitats sufficient to ensure that 

5 species (whether or not designated as rare, pro6 tected, or of concern) remain viable and are able to 

7 adapt to the impacts of climate change. 

8 (2) Addressing control of invasive species and 

9 implementing measures necessary to avoid the 

10 spread of such species. 

11 (3) Maintaining hydrological functionality, in12 cluding water quantity and quality. 

13 (4) Incorporating adaptive management, includ14 ing detailed provisions for long-term monitoring of 

15 the mitigation plan’s effectiveness and for necessary 

16 adjustments to such plan based on such monitoring 

17 results. 

18 (5) Protection of cultural and historical re19 sources. 

20 (c) PREEMPTION.— 

21 (1) IN GENERAL.—Subject to paragraph (3), 

22 the Secretary is authorized to carry out the mitiga23 tion plan required under subsection (a) on any Fed24 eral, State, local, tribal, or private lands in the vicin25 ity of or ecologically related to an international land 


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1 border of the United States regardless of which indi2 vidual, agency, or entity has ownership of or prin3 cipal responsibility for the management of any such 

4 lands. 

5 (2) CONDITIONS.—Activities carried out pursu6 ant to paragraph (1) in connection with the mitiga7 tion plan shall be carried out in full consultation 

8 with, and with the concurrence of, the owner of, or 

9 entity with principal responsibility for, the manage10 ment of the lands described in such paragraph. 

11 (d) ADMINISTRATION.— 

12 (1) AUTHORIZATION.—Notwithstanding any 

13 other provision of law, the Secretary of Homeland 

14 Security, the Secretary of Agriculture, the Secretary 

15 of Defense, and the Secretary of Commerce may 

16 each transfer funds available to such Secretary to 

17 the Secretary of the Interior for— 

18 (A) expenditures under programs (includ19 ing any international programs) of the Depart20 ment of the Interior that are designed to fund 

21 conservation-related activities (directly or 

22 through grants or similar mechanisms) on Fed23 eral and non-Federal lands, including land ac24 quisition programs; and 


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1 (B) mitigation activities on Federal lands 

2 managed by the Department of the Interior, if 

3 such activities are required to implement the 

4 mitigation plan required under subsection (a) 

5 and if the costs of such activities are higher 

6 than the costs associated with managing such 

7 lands in the absence of such activities. 

8 (2) EXEMPTION FROM REPROGRAMMING RE9 QUIREMENTS.—Funds transferred pursuant to the 

10 authorization under paragraph (1) shall not be sub11 ject to reprogramming requirements. 

12 (3) ACCEPTANCE AND USE OF DONATIONS.— 

13 The Secretary of the Interior may accept and use 

14 donations for the purpose of developing and imple15 menting the mitigation plan required under sub16 section (a). 

17 SEC. 6. COMBATING HUMAN SMUGGLING. 

18 (a) REQUIREMENT FOR PLAN.—The Secretary of 

19 Homeland Security shall develop and implement a plan to 

20 improve coordination among United States Immigration 

21 and Customs Enforcement, United States Customs and 

22 Border Protection, and any other Federal, State, local, or 

23 tribal authorities, as determined appropriate by the Sec24 retary, to improve coordination efforts to combat human 

25 smuggling. 


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1 (b) CONTENT.—In developing the plan required by 

2 subsection (a), the Secretary of Homeland Security shall 

3 consider— 

4 (1) the interoperability of databases utilized to 

5 prevent human smuggling; 

6 (2) adequate and effective personnel training, 

7 including methods to ascertain crime victims and 

8 vulnerable populations; 

9 (3) methods and programs to effectively target 

10 networks that engage in such smuggling; 

11 (4) effective utilization of— 

12 (A) visas for victims of trafficking and 

13 other crimes, including whether or not State 

14 and local law enforcement partners are certi15 fying such visas and the numbers of both cer16 tifications and applications for certification; and 

17 (B) investigatory techniques, equipment, 

18 and procedures that prevent, detect, and pros19 ecute international money laundering and other 

20 operations that are utilized in smuggling; 

21 (5) joint measures, with the Secretary of State, 

22 to enhance intelligence sharing and cooperation with 

23 foreign governments whose citizens are preyed on by 

24 human smugglers; and 


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1 (6) other measures that the Secretary of Home2 land Security considers appropriate to combat 

3 human smuggling. 

4 (c) REPORT.—Not later than one year after imple5 menting the plan described in subsection (a), the Sec6 retary of Homeland Security shall submit to Congress and 

7 the Government Accountability Office a report on such 

8 plan, including any recommendations for legislative action 

9 to improve efforts to combating human smuggling. 

10 SEC. 7. DEATHS ALONG THE U.S.-MEXICO BORDER: RE11 PORTS AND STRATEGIES FOR PREVENTION. 

12 (a) REPORTS ON DEATHS ALONG THE U.S.-MEXICO

13 BORDER.—Not later than 180 days after the date of the 

14 enactment of this Act and every 90 days thereafter, the 

15 Commissioner of United States Customs and Border Pro16 tection shall collect and publish in the Federal Register 

17 statistics relating to deaths occurring along the border be18 tween the United States and Mexico, including informa19 tion relating to the following: 

20 (1) The causes of such deaths. 

21 (2) The total number of such deaths. 

22 (3) Location of such deaths. 

23 (4) Sex, age, and country of origin (when pos24 sible). 


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1 (b) ANNUAL REPORT.—Not later than one year after 

2 the date of the enactment of this Act and annually there3 after, the Commissioner of United States Customs and 

4 Border Protection shall submit to the Secretary of Home5 land Security and Congress a report that— 

6 (1) analyzes trends with respect to the statistics 

7 collected under subsection (a) during the preceding 

8 year; 

9 (2) recommends actions to reduce and prevent 

10 the deaths referred to in subsection (a); and 

11 (3) specifies a number of additional rescue bea12 cons that, if deployed, would reduce and prevent mi13 grant deaths, as well as location-specific statistics 

14 evaluating the frequency of use of rescue beacons. 

15 (c) RESCUE BEACONS.—By not later than 180 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security shall deploy 20 rescue beacons in 

18 areas of greatest need, as determined by the Secretary. 

19 SEC. 8. SOUTHWEST BORDER STRATEGY STUDY AND ANAL20 YSIS. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity shall conduct a study of southwest border enforcement 

23 operations since 1994 and the relationship of such oper24 ations to death rates on the United States-Mexico border. 

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1 governmental organizations and other community stake2 holders involved in recovering and identifying migrant 

3 deaths and include the following: 

4 (1) An analysis of the relationship of border en5 forcement and deaths on the border. 

6 (2) An analysis of whether physical barriers, 

7 technology, and enforcement programs have contrib8 uted to the rate of deaths occurring along the border 

9 between the United States and Mexico. 

10 (3) An analysis of the effectiveness of geo11 graphical terrain as a natural barrier for entry into 

12 the United States in achieving Department of 

13 Homeland Security goals and the role of such geo14 graphical terrain in contributing to rates of deaths 

15 occurring along the border between the United 

16 States and Mexico. 

17 (4) An assessment of existing protocol related 

18 to reporting, tracking and interagency communica19 tions between United States Customs and Border 

20 Protection and local first responders and consular 

21 services, including a description of whether each 

22 Border Patrol sector has formalized emergency re23 sponse coordination with State and local law en24 forcement agencies such that emergency calls re25 layed to Customs and Border Protection result in 


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1 the same rescue efforts for perceived migrants that 

2 would take place for others. 

3 (b) SUBMISSION.—The Secretary of Homeland Secu4 rity shall submit the study required under subsection (a) 

5 to the following: 

6 (1) The Southern Border Security Commission 

7 United States-Mexico Border Enforcement Commis8 sion as established in section 15 of this Act. 

9 (2) The Committee on Homeland Security and 

10 Governmental Affairs and the Committee on the Ju11 diciary of the Senate. 

12 (3) The Committee on Homeland Security and 

13 the Committee on the Judiciary of the House of 

14 Representatives. 

15 (4) The Committee on Oversight and Govern16 ment Reform of the House of Representatives. 

17 SEC. 9. PROHIBITION ON MILITARY INVOLVEMENT IN NON18 EMERGENCY BORDER ENFORCEMENT. 

19 (a) IN GENERAL.—The Armed Forces, including the 

20 National Guard, are prohibited from assisting in Federal, 

21 State, and local and civilian law enforcement of immigra22 tion laws. 

23 (b) EXCEPTION.—The Armed Forces, including the 

24 National Guard, may assist in Federal, State, and local 

25 and civilian law enforcement of immigration laws when the 


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1 President has declared a national emergency or when re2 quired for specific counterterrorism duties and shall be 

3 limited to the following: 

4 (1) Rear echelon support duties, including 

5 logistical support, construction, and intelligence col6 lection from positions within 25 miles from the bor7 der. 

8 (2) Non-armed operations within 25 miles of 

9 the border, including listening posts and observation 

10 post operations. 

11 (3) Armed operations within 25 miles of the 

12 border, including listening posts and observation 

13 post operations. 

14 (c) REPORT.—The Secretary of Defense shall annu15 ally submit to Congress a report that details the involve16 ment of the Armed Forces, including the National Guard, 

17 in border security and the enforcement of Federal immi18 gration laws in accordance with this section. 

19 SEC. 10. BORDER COMMUNITIES LIAISON OFFICE. 

20 (a) ESTABLISHMENT.—The Secretary of Homeland 

21 Security shall establish, in consultation with the Office for 

22 Civil Rights and Civil Liberties of the Department of 

23 Homeland Security, a Border Communities Liaison Office 

24 in every border patrol sector at the southern and northern 

25 borders. 


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1 (b) PURPOSE.—The purpose of the Border Commu2 nities Liaison Offices established pursuant to subsection 

3 (a) shall be to— 

4 (1) foster and institutionalize consultation with 

5 border communities; 

6 (2) consult with border communities on agency 

7 policies, directives, and laws; 

8 (3) consult with border communities on agency 

9 strategies and strategy development; 

10 (4) consult with border communities on agency 

11 services and operational issues; 

12 (5) receive assessments on agency performance 

13 from border communities; and 

14 (6) receive and respond promptly and trans15 parently to complaints regarding agency perform16 ance and agent conduct. 

17 (c) TRAINING.—The Secretary of Homeland Security 

18 shall ensure that border communities liaison officers in 

19 Border Patrol sectors along the international borders be20 tween the United States and Mexico and between the 

21 United States and Canada receive training to better— 

22 (1) act as a multilingual liaison between border 

23 communities and the Office for Civil Rights and 

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1 curity and the Civil Rights Division of the Depart2 ment of Justice; 

3 (2) foster and institutionalize consultation with 

4 border communities; 

5 (3) consult with border communities on Depart6 ment of Homeland Security programs, policies, 

7 strategies, and directives; and 

8 (4) receive Department of Homeland Security 

9 performance assessments from border communities. 

10 SEC. 11. OFFICE FOR CIVIL RIGHTS AND CIVIL LIBERTIES 

11 AND OFFICE OF INSPECTOR GENERAL. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated such sums as are nec14 essary for the Office of Inspector General and the Office 

15 for Civil Rights and Civil Liberties of the Department of 

16 Homeland Security to be comparable to those of other 

17 Federal agencies and commensurate with the size and 

18 scope of the operational budget of the Department of 

19 Homeland Security. 

20 (b) INSPECTOR GENERAL ANNUAL REPORT.—The 

21 Inspector General of the Department of Homeland Secu22 rity shall include in an annual report submitted by the 

23 Inspector General to Congress a benchmark for how quick24 ly the Office of the Inspector General aims to decide 

25 whether to retain complaints within its jurisdiction and 


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1 statistics on how often such benchmark was met during 

2 the preceding year. 

3 (c) OFFICER FOR CIVIL RIGHTS AND CIVIL LIB4 ERTIES ANNUAL REPORT.—The Officer for Civil Rights 

5 and Civil Liberties of the Department shall include in an 

6 annual report submitted by the Officer to Congress— 

7 (1) the total number of Customs and Border 

8 Protection complaints received in the past year, bro9 ken down by whether the complaints were received 

10 directly or indirectly from another, specified compo11 nent of the Department, and how many of those 

12 complaints were accepted for investigation as well as 

13 completed; 

14 (2) the number of such complaints by subject15 matter category, including a notation specifying a 

16 complaint raising multiple issues or originating from 

17 multiple complainants; and 

18 (3) the number of confidentiality complaints re19 ceived during the preceding year and the status and 

20 resolution of such complaints. 

21 SEC. 12. COOPERATION WITH THE GOVERNMENT OF MEX22 ICO. 

23 (a) COOPERATION REGARDING BORDER SECU24 RITY.—The Secretary of State, in cooperation with the 

25 Secretary of Homeland Security and representatives of 


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1 Federal, State, local, and tribal law enforcement agencies 

2 that are involved in border security and immigration en3 forcement efforts, shall work with the appropriate officials 

4 from the Government of Mexico to improve coordination 

5 between the United States and Mexico regarding the fol6 lowing: 

7 (1) Improved border security along the inter8 national border between the United States and Mex9 ico. 

10 (2) The reduction of human trafficking and 

11 smuggling between the United States and Mexico. 

12 (3) The reduction of drug trafficking and smug13 gling between the United States and Mexico. 

14 (4) The reduction of gang membership in the 

15 United States and Mexico. 

16 (5) The reduction of violence against women in 

17 the United States and Mexico. 

18 (6) The reduction of other violence and criminal 

19 activity. 

20 (7) The reduction of deaths along the border. 

21 (8) Mitigation measures included in the mitiga22 tion plan required under section 5. 

23 (b) COOPERATION REGARDING EDUCATION ON IMMI24 GRATION LAWS.—The Secretary of State, in cooperation 

25 with other appropriate Federal officials, shall work with 


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1 the appropriate officials from the Government of Mexico 

2 to carry out activities to educate citizens and nationals 

3 of Mexico regarding eligibility for status as a non4 immigrant under Federal law to ensure that such citizens 

5 and nationals are not exploited while working in the 

6 United States. 

7 (c) COOPERATION REGARDING CIRCULAR MIGRA8 TION.—The Secretary of State, in cooperation with the 

9 Secretary of Labor and other appropriate Federal offi10 cials, shall work with the appropriate officials from the 

11 Government of Mexico to improve coordination between 

12 the United States and Mexico to encourage circular migra13 tion, including assisting in the development of economic 

14 opportunities and providing job training for citizens and 

15 nationals in Mexico. 

16 (d) CONSULTATION REQUIREMENT.—Federal rep17 resentatives in the United States shall consult State, local 

18 and tribal governments and their counterparts in Mexico 

19 concerning border security structures along the inter20 national border between the United States and Mexico in 

21 order to— 

22 (1) solicit the views of affected communities; 

23 (2) lessen tensions; and 


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1 (3) foster greater understanding and stronger 

2 cooperation on this and other important security 

3 issues of mutual concern. 

4 (e) ANNUAL REPORT.—Not later than 180 days after 

5 the date of the enactment of this Act and annually there6 after, the Secretary of State shall submit to Congress a 

7 report on the actions taken by the United States and Mex8 ico under this section. 

9 SEC. 13. SOUTHERN BORDER SECURITY TASK FORCE. 

10 (a) ESTABLISHMENT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary of 

12 Homeland Security shall establish a Southern Border Se13 curity Task Force (in this section referred to as the ‘‘Task 

14 Force’’) to coordinate the efforts of Federal, State, and 

15 local border and law enforcement officials and task forces 

16 to establish an accountable and humane border security 

17 strategy. 

18 (b) COMPOSITION.—The Task Force shall be com19 prised of personnel from the following: 

20 (1) United States Customs and Border Protec21 tion and Office Field Operations. 

22 (2) United States Immigration and Customs 

23 Enforcement. 

24 (3) The Coast Guard. 

25 (4) Other Federal agencies, as appropriate. 


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1 (5) Southern border State law enforcement 

2 agencies. 

3 (6) Local law enforcement agencies from af4 fected southern border cities and communities. 

5 (7) Nongovernmental organizations rep6 resenting border communities. 

7 (c) DIRECTOR.—The Secretary of Homeland Security 

8 shall appoint as a Director of the Task Force an individual 

9 who is experienced and knowledgeable in law enforcement 

10 generally and border security issues specifically. 

11 (d) REPORT.—Not later than 180 days after the date 

12 of the establishment of the Task Force under subsection 

13 (a) and annually thereafter, the Secretary of Homeland 

14 Security shall submit to the Committee on Homeland Se15 curity of the House of Representatives and the Committee 

16 on Homeland Security and Governmental Affairs of the 

17 Senate a report on the effectiveness of the Task Force 

18 in avoiding or minimizing the adverse impact of border 

19 policies, measures and activities on the environment, cul20 ture, commerce, safety, or quality of life including civil 

21 rights, private property rights, and other civil liberties, for 

22 the communities and residents along the southern border. 

23 SEC. 14. SOUTHERN BORDER SECURITY COMMISSION. 

24 (a) ESTABLISHMENT.—Not later than one year after 

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1 lished a commission to be known as the ‘‘Southern Border 

2 Security Commission’’ (in this section referred to as the 

3 ‘‘Commission’’). 

4 (b) COMPOSITION.— 

5 (1) IN GENERAL.—The Commission shall be 

6 composed of 33 members, appointed by the Presi7 dent, who have expertise in migration, local crime 

8 indices, civil and human rights, community relations, 

9 cross-border trade and commerce, environmental and 

10 ecological border issues, quality of life indicators, or 

11 other pertinent experience, of whom— 

12 (A) fourteen members shall be from the 

13 Northern border region and shall include— 

14 (i) two local government elected offi15 cials; 

16 (ii) two local law enforcement officials; 

17 (iii) two tribal government officials; 

18 (iv) two civil rights advocates; 

19 (v) one business representative; 

20 (vi) one higher education representa21 tive; 

22 (vii) one private land owner represent23 ative; 

24 (viii) one representative of a faith 

25 community; and 


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1 (ix) two representatives of United 

2 States Border Patrol; 

3 (B) nineteen members shall be from the 

4 Southern border region and include— 

5 (i) three local government elected offi6 cials; 

7 (ii) three local law enforcement offi8 cials; 

9 (iii) two tribal government officials; 

10 (iv) three civil rights advocates; 

11 (v) two business representatives; 

12 (vi) one higher education representa13 tive; 

14 (vii) two private land owner represent15 atives; 

16 (viii) one representative of a faith 

17 community; and 

18 (ix) two representatives of United 

19 States Border Patrol; and 

20 (C) at least one member shall have envi21 ronmental and ecological expertise. 

22 (2) TIME OF APPOINTMENT.—The appoint23 ments required by paragraph (1) shall be made not 

24 later than one year after the date of the enactment 

25 of this Act. 


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1 (3) CHAIR.—At the first meeting of the Com2 mission, a majority of the members of the Commis3 sion present and voting shall elect the Chair of the 

4 Commission. 

5 (4) VACANCIES.—Any vacancy of the Commis6 sion shall not affect its powers, but shall be filled in 

7 the manner in which the original appointment was 

8 made. 

9 (5) RULES.—The Commission shall establish 

10 the rules and procedures of the Commission which 

11 shall require the approval of at least six members of 

12 the Commission. 

13 (c) DUTIES.— 

14 (1) IN GENERAL.—The Commission’s primary 

15 responsibility shall be to make recommendations to 

16 the President, the Secretary of Homeland Security, 

17 and Congress on policies to achieve and maintain the 

18 border security strategy specified in section 3, and 

19 should include— 

20 (A) review and recommendations regarding 

21 immigration and border enforcement policies, 

22 strategies, and programs that take into consid23 eration their impact on border and tribal com24 munities; 


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1 (B) recommendations on ways in which the 

2 Border Communities Liaison Offices can 

3 strengthen relations and collaboration between 

4 communities in the border regions and the De5 partment of Homeland Security, the Depart6 ment of Justice, and other Federal agencies 

7 that carry out such policies, strategies, and pro8 grams; 

9 (C) an evaluation on how the policies, 

10 strategies, and programs of Federal agencies 

11 operating along the international borders be12 tween the United States and Mexico and be13 tween the United States and Canada protect 

14 the due process, civil, and human rights of bor15 der residents, visitors, and migrants at and 

16 near such borders; 

17 (D) an assessment of the extent of the 

18 negative economic impact, if any, on the United 

19 States due to staffing needs at land ports of 

20 entry along such borders; 

21 (E) a determination of whether border 

22 policies and practices ensure that the free flow 

23 of legitimate travel and commerce is not dimin24 ished by efforts, activities, and programs aimed 

25 at securing the international land ports of entry 


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1 along the international border between the 

2 United States and Mexico; 

3 (F) any other matters regarding cross-bor4 der trade policies, strategies, and programs the 

5 Commission determines appropriate; and 

6 (G) an evaluation and recommendations 

7 regarding the training of border enforcement 

8 personnel described in section 17. 

9 (2) PUBLIC HEARINGS.—The Commission may, 

10 for the purpose of carrying out its duties, hold hear11 ings, sit and act, take testimony, receive evidence, 

12 and administer oaths. 

13 (A) IN GENERAL.—The Commission shall 

14 convene at least two public hearings each year 

15 on border security. 

16 (B) SUMMARIES.—The Commission shall 

17 provide a summary of each hearing convened 

18 pursuant to subparagraph (A) on the Federal 

19 Register. 

20 (d) TRAVEL EXPENSES.—Members of the Commis21 sion shall be allowed travel expenses, including per diem 

22 in lieu of subsistence rates authorized for employees of 

23 agencies under subchapter I of chapter 57 of title 5, 

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1 ular places of business in the performance of services for 

2 the Commission. 

3 (e) ADMINISTRATIVE SUPPORT.—The Secretary shall 

4 provide the Commission such staff and administrative 

5 services as may be necessary and appropriate for the Com6 mission to perform its functions. Any employee of the ex7 ecutive branch of Government may be detailed to the Com8 mission without reimbursement to the agency of that em9 ployee and such detail shall be without interruption or loss 

10 of civil service or status or privilege. 

11 (f) REPORT.—Not later than two years after its first 

12 meeting, the Commission shall submit to the President, 

13 Congress, and the Secretary of Homeland Security a final 

14 report that contains— 

15 (1) findings with respect to the duties of the 

16 Commission; and 

17 (2) recommendations regarding border and im18 migration enforcement policies, strategies, and pro19 grams, including— 

20 (A) a recommendation as to whether the 

21 Commission should continue to operate; and 

22 (B) a description of any duties for which 

23 the Commission should be responsible after the 

24 termination date described in subsection (f). 


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1 (g) RESPONSE.—Not later than 180 days after re2 ceiving the findings and recommendations from the Com3 mission under subsection (f), the Secretary of Homeland 

4 Security shall issue a response that describes how the De5 partment of Homeland Security has addressed, or will ad6 dress, such findings and recommendations. If the Sec7 retary disagrees with any finding of the Commission, the 

8 Secretary shall provide an explanation for the disagree9 ment. 

10 (h) INFORMATION FROM FEDERAL AGENCIES.—The 

11 Chair, or a majority of the members of the Commission, 

12 may request statistics relating to the duties described in 

13 subsection (c) directly from any Federal agency, which 

14 shall, to the extent authorized by law, furnish such infor15 mation, suggestions, estimates, and statistics directly to 

16 the Commission. 

17 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

19 necessary to carry out this section for each of the fiscal 

20 years 2016 through 2019. 

21 (j) SUNSET.—The Commission shall terminate oper22 ations 60 days after the date on which the Commission 

23 submits the report described in subsection (i). 


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1 SEC. 15. USE OF FORCE. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the Secretary of Homeland Security, in 

4 consultation with the Assistant Attorney General for the 

5 Civil Rights Division of the Department of Justice, shall 

6 issue policies governing the use of force by all Department 

7 of Homeland Security personnel that— 

8 (1) require, by not later than 18 months after 

9 the date of the enactment of this Act, that all full10 time, active duty customs and protection officers 

11 wear body-worn cameras when in the field; 

12 (2) require all Department personnel to report 

13 each use of force; and 

14 (3) establish procedures for— 

15 (A) accepting and investigating complaints 

16 regarding the use of force by Department per17 sonnel; 

18 (B) disciplining Department personnel who 

19 violate any law or Department policy relating to 

20 the use of force; and 

21 (C) reviewing all uses of force by Depart22 ment personnel to determine whether the use of 

23 force— 

24 (i) complied with Department policy; 

25 or 


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1 (ii) demonstrates the need for changes 

2 in policy, training, or equipment. 

3 SEC. 16. TRAINING FOR BORDER SECURITY AND IMMIGRA4 TION ENFORCEMENT OFFICERS. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall ensure that United States Customs and Border 

7 Protection officers, United States Border Patrol agents, 

8 United States Immigration and Customs Enforcement of9 ficers and agents, United States Air and Marine Division 

10 agents, agriculture specialists, and other appropriate Fed11 eral law enforcement agents involved directly or through 

12 a joint task force in border security with respect to any 

13 land or marine border of the United States or at any 

14 United States port of entry receive appropriate training, 

15 which shall be prepared in collaboration with the Assistant 

16 Attorney General for the Civil Rights Division of the De17 partment of Justice, in the following: 

18 (1) Identifying and detecting fraudulent travel 

19 documents. 

20 (2) Civil, constitutional, human, and privacy 

21 rights of individuals. 

22 (3) The scope of enforcement authorities, in23 cluding interrogations, stops, searches, seizures, ar24 rests, and detentions and protocols for collecting 


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1 comprehensive data on these law enforcement inter2 actions. 

3 (4) The use of force policies issued by the Sec4 retary. 

5 (5) Immigration laws, including screening, iden6 tifying, and addressing vulnerable populations, such 

7 as children, victims of crime and human trafficking, 

8 and individuals fleeing persecution or torture. 

9 (6) Social and cultural sensitivity toward border 

10 communities, including initial and refresher lan11 guage training and training on how to avoid harass12 ment. 

13 (7) The impact of border operations on commu14 nities. 

15 (8) Any particular environmental concerns in a 

16 particular area. 

17 (b) HUMANE CONDITIONS OF CONFINEMENT FOR

18 CHILDREN IN UNITED STATES CUSTOMS AND BORDER

19 PROTECTION CUSTODY.—Not later than 90 days after the 

20 date of the enactment of this Act, the Secretary of Home21 land Security shall establish standards to ensure that chil22 dren in the custody of United States Customs and Border 

23 Protection— 


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1 (1) are afforded adequate medical and mental 

2 health care, including emergency medical and mental 

3 health care, when necessary; 

4 (2) receive adequate nutrition; 

5 (3) are provided with climate-appropriate cloth6 ing, footwear, and bedding; 

7 (4) have basic personal hygiene and sanitary 

8 products; and 

9 (5) are permitted to make supervised phone 

10 calls to family members. 

11 (c) ADDITIONAL CONSIDERATIONS.—In developing 

12 and providing training under subsections (a) and (b) of 

13 this section the Secretary shall coordinate with the Sec14 retary concerned and the relevant tribal government to en15 sure that such training is appropriate to the mission of 

16 the relevant agency and is focused on achieving border se17 curity objectives while avoiding or minimizing the adverse 

18 impact on natural and cultural resources resulting from 

19 border security tactical infrastructure, operations, or other 

20 activities. 

21 SEC. 17. PROTECTION OF FAMILY VALUES IN APPREHEN22 SION PROGRAMS. 

23 (a) DEFINITIONS.—In this section: 

24 (1) APPREHENDED INDIVIDUAL.—The term 

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1 prehended by personnel of the Department of Home2 land Security or of a cooperating entity pursuant to 

3 a migration deterrence program carried out at a bor4 der. 

5 (2) BORDER.—The term ‘‘border’’ means an 

6 international border of the United States. 

7 (3) CHILD.—Except as otherwise specifically 

8 provided, the term ‘‘child’’ has the meaning given to 

9 such term in section 101(b)(1) of the Immigration 

10 and Nationality Act (8 U.S.C. 1101(b)(1)). 

11 (4) COOPERATING ENTITY.—The term ‘‘cooper12 ating entity’’ means a State or local entity acting 

13 pursuant to an agreement with the Secretary of 

14 Homeland Security. 

15 (5) MIGRATION DETERRENCE PROGRAM.—The 

16 term ‘‘migration deterrence program’’ means an ac17 tion related to the repatriation or referral for pros18 ecution of one or more apprehended individuals for 

19 a suspected or confirmed violation of the Immigra20 tion and Nationality Act (8 U.S.C. 1001 et seq.) by 

21 the Secretary of Homeland Security or a cooperating 

22 entity. 

23 (b) PROCEDURES FOR MIGRATION DETERRENCE

24 PROGRAMS AT THE BORDER.—In any migration deter25 rence program carried out at a border, the Secretary of 


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1 Homeland Security and cooperating entities shall for each 

2 apprehended individual— 

3 (1) as soon as practicable after such individual 

4 is apprehended— 

5 (A) inquire as to whether such appre6 hended individual is— 

7 (i) a parent, legal guardian, or pri8 mary caregiver of a child; or 

9 (ii) traveling with a spouse or child; 

10 and 

11 (B) ascertain whether repatriation of such 

12 apprehended individual presents any humani13 tarian concern or concern related to such appre14 hended individual’s physical safety; and 

15 (2) ensure that, with respect to a decision re16 lated to the repatriation or referral for prosecution 

17 of such apprehended individual, due consideration is 

18 given— 

19 (A) to the best interests of such appre20 hended individual’s child, if any; 

21 (B) to family unity whenever possible; 

22 (C) to other public interest factors, includ23 ing humanitarian concerns and concerns related 

24 to such apprehended individual’s physical safe25 ty; and 


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1 (D) to human rights obligations under do2 mestic and international law, including protec3 tion of asylum seekers from prosecution. 

4 (c) MANDATORY TRAINING.—The Secretary of 

5 Homeland Security, in consultation with the Secretary of 

6 Health and Human Services, the Attorney General, the 

7 Secretary of State, and independent immigration, child 

8 welfare, family law, and human rights law experts, shall— 

9 (1) develop and provide specialized training for 

10 all personnel of United States Customs and Border 

11 Protection and cooperating entities who come into 

12 contact with apprehended individuals in all legal au13 thorities, policies, and procedures relevant to the 

14 preservation of a child’s best interest, family unity, 

15 and other public interest factors, including those de16 scribed in this Act; and 

17 (2) require border enforcement personnel to un18 dertake periodic and continuing training on best 

19 practices and changes in relevant legal authorities, 

20 policies, and procedures pertaining to the preserva21 tion of a child’s best interest, family unity, and other 

22 public interest factors, including those described in 

23 this Act. 

24 (d) ANNUAL REPORT ON THE IMPACT OF MIGRATION

25 DETERRENCE PROGRAMS AT THE BORDER.— 


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1 (1) REQUIREMENT FOR ANNUAL REPORT.—Not 

2 later than one year after the date of the enactment 

3 of this Act and annually thereafter, the Secretary of 

4 Homeland Security shall submit to Congress a re5 port that describes the impact of migration deter6 rence programs on parents, legal guardians, primary 

7 caregivers of a child, individuals traveling with a 

8 spouse or child, and individuals who present humani9 tarian considerations or concerns related to the indi10 vidual’s physical safety. 

11 (2) CONTENTS.—Each report submitted under 

12 paragraph (1) shall include for the previous one-year 

13 period an assessment of the following: 

14 (A) The number of apprehended individ15 uals removed, repatriated, or referred for pros16 ecution who are the parent, legal guardian, or 

17 primary caregiver of a child who is a citizen of 

18 the United States. 

19 (B) The number of occasions in which both 

20 parents, or the primary caretaker of such a 

21 child was removed, repatriated, or referred for 

22 prosecution as part of a migration deterrence 

23 program. 

24 (C) The number of apprehended individ25 uals traveling with close family members who 


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1 are removed, repatriated, or referred for pros2 ecution. 

3 (D) The impact of migration deterrence 

4 programs on public interest factors, including 

5 humanitarian concerns and physical safety. 

6 (e) REGULATIONS.—Not later than 120 days after 

7 the date of the enactment of this Act, the Secretary of 

8 Homeland Security shall promulgate regulations to imple9 ment this section. 

10 SEC. 18. PROHIBITION ON NEW LAND BORDER CROSSING 

11 FEES. 

12 (a) IN GENERAL.—Beginning on the date of the en13 actment of this Act, the Secretary of Homeland Security 

14 may not— 

15 (1) establish, collect, or otherwise impose any 

16 new border crossing fee on individuals crossing the 

17 southern border or the northern border at a land 

18 port of entry; or 

19 (2) conduct any study relating to the imposition 

20 of a border crossing fee. 

21 (b) BORDER CROSSING FEE DEFINED.—In this sec22 tion, the term ‘‘border crossing fee’’ means a fee that 

23 every pedestrian, cyclist, and driver and passenger of a 

24 private motor vehicle is required to pay for the privilege 


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1 of crossing the southern border or the northern border at 

2 a land port of entry. 

3 SEC. 19. LIMITATIONS ON DANGEROUS DEPORTATION 

4 PRACTICES. 

5 (a) CERTIFICATION REQUIRED.— 

6 (1) IN GENERAL.—Not later than one year 

7 after the date of the enactment of this Act and every 

8 180 days thereafter, the Secretary of Homeland Se9 curity, except as provided in paragraph (2), shall 

10 submit written certification to Congress that the De11 partment of Homeland Security has only deported or 

12 otherwise removed a migrant from the United States 

13 through an entry or exit point on the southern bor14 der during daylight hours. 

15 (2) EXCEPTION.—The certification required 

16 under paragraph (1) shall not apply to the deporta17 tion or removal of a migrant otherwise described in 

18 such paragraph if— 

19 (A) the manner of the deportation or re20 moval is justified by a compelling governmental 

21 interest; 

22 (B) the manner of the deportation or re23 moval is in accordance with an applicable Local 

24 Arrangement for the Repatriation of Mexican 


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1 Nationals entered into by the appropriate Mexi2 can Consulate; or 

3 (C) the migrant is not an unaccompanied 

4 minor and the migrant— 

5 (i) is deported or removed through an 

6 entry or exit point in the same sector as 

7 the place where the migrant was appre8 hended; or 

9 (ii) agrees to be deported or removed 

10 in such manner after being notified of the 

11 intended manner of deportation or re12 moval. 

13 (b) ADDITIONAL INFORMATION REQUIRED.—Not 

14 later than one year after the date of the enactment of this 

15 Act, the Secretary of Homeland Security shall submit to 

16 Congress a study of the Alien Transfer Exit Program, 

17 which shall include— 

18 (1) the specific locations on the southern border 

19 where lateral repatriations have occurred during the 

20 one-year period preceding the submission of such 

21 study; 

22 (2) the performance measures developed by 

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1 ring migrants from repeatedly crossing the border or 

2 otherwise reducing recidivism; and 

3 (3) the consideration given, if any, to the rates 

4 of violent crime and the availability of infrastructure 

5 and social services in Mexico near such locations. 

6 (c) PROHIBITION ON CONFISCATION OF PROP7 ERTY.—The lawful, nonperishable belongings of a mi8 grant, including all money but excluding property that 

9 cannot lawfully be possessed, shall be returned to the mi10 grant prior to transfer, repatriation, or release, in coordi11 nation with other State and Federal agencies as necessary. 

12 SEC. 20. SEVERABILITY AND DELEGATION. 

13 (a) SEVERABILITY.—If any provision of this Act or 

14 any amendment made by this Act, or any application of 

15 such provision or amendment to any person or cir16 cumstance, is held to be unconstitutional, the remainder 

17 of the provisions of this Act and the amendments made 

18 by this Act and the application of the provision or amend19 ment to any other person or circumstance shall not be af20 fected. 

21 (b) DELEGATION.—The Secretary of Homeland Se22 curity may delegate any authority provided to the Sec23 retary under this Act or an amendment made by this Act 

24 to the Secretary of Agriculture, the Attorney General, the 


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1 Secretary of Defense, the Secretary of Health and Human 

2 Services, or the Secretary of State. 

3 SEC. 21. IMPROVING PORTS OF ENTRY FOR BORDER SECU4 RITY AND OTHER PURPOSES. 

5 There is authorized to be appropriated to the Admin6 istrator of the General Services Administration 

7 $400,000,000 for fiscal year 2016 for planning, manage8 ment, design, alteration, and construction of United 

9 States Customs and Border Protection-owned land border 

10 ports of entry. 

11 SEC. 22. IMPROVING CROSS-BORDER TRANSPORTATION. 

12 There is authorized to be appropriated to the Federal 

13 Highway Administration $100,000,000 for fiscal year 

14 2016 for— 

15 (1) improvements to existing transportation and 

16 supporting infrastructure along the land border 

17 ports of entry; 

18 (2) construction of highways and related safety 

19 facilities along the land border ports of entry; and 

20 (3) international coordination and transpor21 tation planning, programming, and border oper22 ations with Mexico. 


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1 SEC. 23. INCREASE IN NUMBERS OF UNITED STATES CUS2 TOMS AND BORDER PROTECTION OFFICES 

3 ON LAND PORTS OF ENTRY. 

4 (a) CUSTOMS AND BORDER PROTECTION OFFI5 CERS.—The Secretary shall increase by 5,000 the total 

6 number of full-time, active duty customs and protection 

7 officers within United States Customs and Border Protec8 tion for posting at United States land ports of entry by 

9 not later than September 30, 2020. 

10 (b) CUSTOMS AND BORDER PROTECTION SUPPORT

11 PERSONNEL.—The Secretary shall increase by 350 the 

12 total number of full-time support staff for all United 

13 States land ports of entry by September 30, 2020. 

14 SEC. 24. RACIAL PROFILING COMPLIANCE. 

15 Each component of the Department of Homeland Se16 curity shall comply with the Department of Justice guid17 ance known as ‘‘Guidance for Federal Law Enforcement 

18 Agencies Regarding the Use of Race, Ethnicity, Gender, 

19 National Origin, Religion, Sexual Orientation, or Gender 

20 Identity’’, including the requirements under such guidance 

21 for training, data collection, and accountability. Not later 

22 than 90 days after the date of the enactment of this Act, 

23 Customs and Border Protection shall submit to Congress 

24 a report on the data it collects and intends to collect at 


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1 checkpoints and roving patrols to monitor the incidence 

2 of impermissible profiling. 

Æ 


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