General, shall have 180 additional days, after submission 
of the report in subsection (b) to the relevant congres-
sional committees, to reevaluate the future viability of the 
program. At the end of the 180 day period, the Secretary 
shall determine whether to continue or terminate the pro-
gram. 
SEC. 126. PROJECT GUNRUNNER. 
(a) IN GENERAL.—The Attorney General shall dedi-
cate and expand the resources provided for the Project 
Gunrunner initiative of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives to identify, investigate, and 
prosecute individuals involved in the trafficking of fire-
arms across the international border between the United 
States and Mexico. 
(b) ACTIVITIES.—In carrying out this section, the At-
torney General shall— 
(1) assign additional agents of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives to the 
area of the United States adjacent to the inter-
national border between the United States and Mex-
ico to support the expansion of Project Gunrunner 
teams; 
(2) establish not fewer than one Project Gun-
runner team in each State along the international 
border between the United States and Mexico; and 
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(3) coordinate with the heads of other relevant 
Federal law enforcement agencies and State and 
local law enforcement agencies to address firearms 
trafficking in a comprehensive manner. 
(c) ADDITIONAL STAFF.—The Attorney General may 
hire Bureau of Alcohol, Tobacco, Firearms, and Explo-
sives agents for, and otherwise expend additional resources 
needed to adequately support, Project Gunrunner. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 for each of fis-
cal years 2015 and 2016 to carry out this section. 
SEC. 127. OPERATION ARMAS CRUZADAS. 
(a) IN GENERAL.—In accordance with subsection (b), 
the Secretary of Homeland Security shall dedicate and ex-
pand the resources provided for Operation Armas 
Cruzadas of United States Immigration and Customs En-
forcement (ICE) to identify, investigate, and prosecute in-
dividuals involved in the trafficking and smuggling of fire-
arms across the international border between the United 
States and Mexico. 
(b) RESOURCES.—To achieve the goal described in 
subsection (a), the Secretary of Homeland Security 
shall— 
(1) increase the number of ICE agents assigned 
to Operation Armas Cruzadas over the number of 
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such agents who are so assigned as of the date of 
the enactment of this section; 
(2) increase the number of Border Enforcement 
Security Task Force (BEST) teams stationed along 
the border over the number of such teams so sta-
tioned as of the date of the enactment of this sec-
tion; and 
(3) coordinate with the heads of other relevant 
Federal, State, and local law enforcement agencies 
to address firearms trafficking in a comprehensive 
manner. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $15,000,000 for each of fis-
cal years 2015 and 2016 to carry out this section. 
SEC. 128. COMBATING HUMAN SMUGGLING. 
(a) REQUIREMENT FOR PLAN.—The Secretary shall 
develop and implement a plan to improve coordination 
among United States Immigration and Customs Enforce-
ment and 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 shall consider— 
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(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 as described in subtitle B of 
this title; 
(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; and 
(B) investigatory techniques, equipment, 
and procedures that prevent, detect, and pros-
ecute 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 considers 
appropriate to combat human smuggling. 
(c) REPORT.—Not later than one year after imple-
menting the plan described in subsection (a), the Sec-
retary shall submit to Congress a report on such plan, in-
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cluding any recommendations for legislative action to im-
prove efforts to combating human smuggling. 
SEC. 129. REPORT ON DEATHS AND STRATEGY STUDY. 
(a) IN GENERAL.—The Commissioner of the United 
States Customs and Border Protection shall do the fol-
lowing: 
(1) COLLECTION OF STATISTICS.—Collect sta-
tistics relating to deaths occurring at the border be-
tween the United States and Mexico, including— 
(A) the causes of the deaths; and 
(B) the total number of deaths. 
(2) PUBLICATION OF STATISTICS.—Publish the 
statistics collected in paragraph (1) quarterly. 
(3) REPORT.—Not later than 1 year after the 
date of enactment of this Act, and annually there-
after, submit to the Secretary a report that— 
(A) analyzes trends with respect to the sta-
tistics collected under subsection (a) during the 
preceding year; and 
(B) recommends actions to reduce and pre-
vent the deaths described in subsection (a). 
(b) SOUTHWEST BORDER STRATEGY STUDY
AND 
ANALYSIS.—The Secretary shall conduct a study of 
Southwest Border Enforcement operations since 1994 and 
its relationship to death rates on the U.S.-Mexico border. 
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(1) SUBSTANCE.—The study shall include— 
(A) an analysis on the relationship of bor-
der enforcement and deaths on the border; 
(B) an analysis of whether physical bar-
riers, technology, and enforcement programs 
have contributed to the rate of migrant deaths; 
(C) an analysis of the effectiveness of geo-
graphical terrain as a natural barrier for entry 
into the United States in achieving Department 
goals and its role in contributing to rates of mi-
grant deaths; 
(D) consultation with nongovernmental or-
ganizations and other community stakeholders 
involved in recovering and identifying migrant 
deaths; and 
(E) an assessment of existing protocol re-
lated to reporting, tracking and inter-agency 
communications between CBP and local first 
responders and consular services. 
(2) REPORT.—The studies shall be submitted 
to— 
(A) the United States-Mexico Border En-
forcement Commission as established in section 
130; 
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(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on the Judiciary of the Senate; 
(C) the Committee on Homeland Security 
and the Committee on the Judiciary of the 
House of Representatives; and 
(D) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 130. UNITED STATES-MEXICO BORDER ENFORCEMENT 
COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established an inde-
pendent commission to be known as the Immigration 
and United States-Mexico Border Enforcement 
Commission (referred to in this section as the ‘‘Com-
mission’’). 
(2) PURPOSES.—The purposes of the Commis-
sion are— 
(A) to study the overall enforcement strat-
egies, programs and policies of Federal agencies 
along the United States-Mexico border, includ-
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ing the Department of Homeland Security, Jus-
tice and other relevant agencies; 
(B) to strengthen relations and collabora-
tion between communities in the border regions 
and the Department of Homeland Security, 
Justice and other Federal agencies that carry 
out such strategies, programs and policies; 
(C) to ensure the strategies, programs and 
policies of Federal agencies along the United 
States-Mexico border and the agents and em-
ployees charged to implement them protect the 
due process and civil and human rights of all 
individuals and communities at and near the 
border; and 
(D) to make recommendations to the 
President and Congress with respect to such 
strategies, programs, and policies. 
(3) MEMBERSHIP.—The Commission shall be 
composed of 16 voting members, who shall be ap-
pointed as follows: 
(A) The Governors of the States of Cali-
fornia, New Mexico, Arizona, and Texas shall 
each appoint 4 voting members of whom— 
(i) 1 shall be a local elected official 
from the State’s border region; 
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(ii) 1 shall be a local law enforcement 
official from the State’s border region; and 
(iii) 2 shall be from the State’s com-
munities of academia, religious leaders, 
civic leaders or community leaders. 
(B) 2 nonvoting members, of whom— 
(i) 1 shall be appointed by the Sec-
retary; and 
(ii) 1 shall be appointed by the Attor-
ney General. 
(4) QUALIFICATIONS.— 
(A) IN GENERAL.—Members of the Com-
mission shall be— 
(i) individuals with expertise in migra-
tion, border enforcement and protection, 
civil and human rights, community rela-
tions, cross-border trade and commerce or 
other pertinent qualifications or experience; 
and 
(ii) representative of a broad cross 
section of perspectives from the region 
along the international border between the 
United States and Mexico. 
(B) POLITICAL
AFFILIATION.—Not more 
than 2 members of the Commission appointed 
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by each Governor under paragraph (3)(A) may 
be members of the same political party. 
(C) NONGOVERNMENTAL
APPOINTEES.— 
An individual appointed as a voting member to 
the Commission may not be an officer or em-
ployee of the Federal Government. 
(5) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed not later 
than 6 months after the enactment of this Act. If 
any member of the Commission described in para-
graph (3)(A) is not appointed by such date, the 
Commission shall carry out its duties under this sec-
tion without the participation of such member. 
(6) TERM OF SERVICE.—The term of office for 
members shall be for the life of the Commission, or 
3 years, whichever is shorter. 
(7) VACANCIES.—Any vacancy in the Commis-
sion shall not affect its powers, but shall be filled in 
the same manner in which the original appointment 
was made. 
(8) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin the operations of the Com-
mission as soon as practical. 
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(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the chairman or a majority of its 
members. 
(C) OUTREACH.—The Commission shall 
formulate and implement an effective outreach 
strategy to border communities. 
(9) QUORUM.—Nine members of the Commis-
sion shall constitute a quorum. 
(10) CHAIR
AND
VICE
CHAIR.—The voting 
members of the Commission shall elect a Chairman 
and Vice Chairman from among its members. The 
term of office shall be for the life of the Commission 
or by a vote of a minimum of quorum members of 
the Commission. 
(11) STRUCTURE.—The Review Commission 
will have a Federal, regional and local review struc-
ture, and will be divided into two subcommittees— 
one focused on border technology, equipment and in-
frastructure, and a second to focus on border and 
immigration enforcement policies and programs. 
(b) DUTIES.—The Commission shall review, examine, 
and make recommendations regarding immigration and 
border enforcement policies, strategies, and programs, in-
cluding recommendations regarding— 
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(1) the compliance of the Department of Home-
land Security and other immigration and border-re-
lated agencies with existing laws and regulations; 
(2) the extent to which agency policies and 
practices protect the civil rights of migrants and 
border community residents, including but not lim-
ited to the contexts of engagement, detention, appre-
hension, use of force, definition and use of reason-
able suspicion and probable cause, and racial 
profiling; 
(3) the frequency, adequacy and effectiveness of 
human and civil rights training of border enforce-
ment personnel and others from Federal agencies 
who have contact with the public in the border re-
gions; 
(4) the complaint process and the extent to 
which the process is transparent and accessible to 
the public, investigations are opened as necessary 
and effectively pursued and complaints are resolved 
in a timely and transparent manner; 
(5) the effectiveness and capacity of agency 
oversight, accountability, and management including 
prevention and disciplinary policies involving use of 
force, abuse, malfeasance, corruption and illegal ac-
tivity; 
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(6) the effect of operations, technology, and en-
forcement infrastructure along such border on the— 
(A) environment; 
(B) crossborder traffic and commerce; 
(C) privacy rights and other civil liberties; 
and 
(D) the quality of life of border commu-
nities; 
(7) the extent to which State and local law en-
forcement engage in the enforcement of Federal im-
migration law; 
(8) the extent of compliance with due process 
standards and equal protection of the law for immi-
grants and other individuals at and near the border; 
(9) whether border policies and agencies are ac-
complishing their stated goals; and 
(10) any other matters regarding immigration 
and border enforcement policies, strategies, and pro-
grams the Commission determines appropriate. 
(c) POWERS OF COMMISSION.— 
(1) IN GENERAL.— 
(A) 
HEARINGS
AND
EVIDENCE.—The 
Commission or, on the authority of the Com-
mission, any subcommittee or member thereof, 
may, for the purpose of carrying out this title— 
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(i) hold such hearings and sit and act 
at such times and places, take such testi-
mony, receive such evidence, administer 
such oaths; and 
(ii) subject to paragraph (2)(A), re-
quire, by subpoena or otherwise, the at-
tendance and testimony of such witnesses 
and the production of such books, records, 
correspondence, memoranda, papers, and 
documents, as the Commission or such 
designated subcommittee or designated 
member may determine advisable. 
(B) SUBPOENAS.— 
(i) ISSUANCE.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
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chairman or by a member designated by a 
majority of the Commission. 
(iii) ENFORCEMENT.—In the case of 
contumacy or failure to obey a subpoena 
issued under subsection (a), the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(2) RECOMMENDATIONS.— 
(A) The Commission has the ability to 
make recommendations to the Secretary of 
Homeland Security on the disposition of cases 
and discipline of personnel under the Immigra-
tion and Naturalization Act. 
(B) Within 180 days of receipt of a Com-
mission report, the Secretary of Homeland Se-
curity shall issue a response, which shall de-
scribe how the Department of Homeland Secu-
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rity, the Department of Justice, and the De-
partment of Defense have addressed the rec-
ommendation. 
(3) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
appropriation Acts, enter into contracts to enable 
the Commission to discharge its duties under this 
title. 
(4) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission is au-
thorized to secure directly from any executive 
department, bureau, agency, board, commission, 
office, independent establishment, or instrumen-
tality of the Government, information, sugges-
tions, estimates, and statistics for the purposes 
of this title. Each department, bureau, agency, 
board, commission, office, independent estab-
lishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, 
suggestions, estimates, and statistics directly to 
the Commission, upon request made by the 
chairman, the chairman of any subcommittee 
created by a majority of the Commission, or 
any member designated by a majority of the 
Commission. 
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(B) RECEIPT, HANDLING, STORAGE, AND 
DISSEMINATION.—Information shall only be re-
ceived, handled, stored, and disseminated by 
members of the Commission and its staff con-
sistent with all applicable statutes, regulations, 
and Executive orders. 
(5) ASSISTANCE FROM FEDERAL AGENCIES.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall provide to the Commission on a reimburs-
able basis administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER
DEPARTMENTS
AND
AGEN-
CIES.—In addition to the assistance prescribed 
in paragraph (1), departments and agencies of 
the United States may provide to the Commis-
sion such services, funds, facilities, staff, and 
other support services as they may determine 
advisable and as may be authorized by law. 
(6) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as departments and agen-
cies of the United States. 
(d) COMPENSATION.— 
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(1) IN GENERAL.—Members of the Commission 
shall serve without pay. 
(2) REIMBURSEMENT OF EXPENSES.—All mem-
bers of the Commission shall be reimbursed for rea-
sonable travel expenses and subsistence, and other 
reasonable and necessary expenses incurred by them 
in the performance of their duties. 
(e) TRAINING.—The Commission shall establish a 
process and criteria by which Commission members re-
ceive orientation and training on human, constitutional 
and civil rights. 
(f) REPORT.—Not later than 2 years after the date 
of the first meeting called pursuant to (a)(8)(A), the Com-
mission shall submit a report to the President and Con-
gress that contains— 
(1) findings with respect to the duties of the 
Commission; 
(2) recommendations regarding border and im-
migration enforcement policies, strategies, and pro-
grams; 
(3) suggestions for the implementation of the 
Commission’s recommendations; and 
(4) a recommendation as to whether the Com-
mission should continue to exist after the date of 
termination described in subsection (g), and if so, a 
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description of the purposes and duties recommended 
to be carried out by the Commission after such date. 
(g) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
(h) SUNSET.—Unless the Commission is reauthorized 
by Congress, the Commission shall terminate on the date 
that is 60 days after the date the Commission submits 
the report described in subsection (f). 
SEC. 131. PROHIBITION ON MILITARY INVOLVEMENT IN 
NONEMERGENCY BORDER ENFORCEMENT. 
(a) IN GENERAL.—The Armed Forces of the United 
States, including the National Guard, are prohibited from 
assisting in Federal, State and local and civilian law en-
forcement of immigration laws. 
(b) EXCEPTION.—The Armed Forces of the United 
States, including the National Guard may assist in Fed-
eral, State and local and civilian law enforcement of immi-
gration laws when the President of the United States has 
declared a national emergency or when required for spe-
cific counter-terrorism duties. In the case that, Armed 
Forces of the United States, including the National Guard 
are required to perform such duties, those duties in sup-
port of Federal, State and local and civilian law enforce-
ment of immigration laws shall be limited to— 
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(1) rear echelon support duties, including 
logistical support, construction, and intelligence col-
lection from positions at least 25 miles from the bor-
der; 
(2) nonarmed operations within 25 miles of the 
border, including listening posts and observation 
post operations; and 
(3) armed operations outside 25 miles of the 
border, including listening posts and observation 
post operations. 
(c) REPORT.—The Secretary shall submit on an an-
nual basis a report to Congress that details the involve-
ment of the Armed Forces in border security and the en-
forcement of Federal immigration laws. 
SEC. 132. DEFINITIONS. 
For purposes of sections 124 through 128: 
(a) 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). 
(b) SECRETARY CONCERNED.—The term ‘‘Secretary 
concerned’’ means the Secretary of Agriculture with re-
spect 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, 
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the Secretary of Defense with respect to land under the 
jurisdiction of the Secretary of Defense or the secretary 
of a military department, or the Secretary of Commerce 
with respect to land under the jurisdiction of the Secretary 
of Commerce. 
SEC. 133. BORDER PROTECTION STRATEGY. 
(a) IN GENERAL.—Not later than September 30, 
2014, the Secretary, the Secretary of the Interior, the Sec-
retary of Agriculture, the Secretary of Defense, and the 
Secretary of Commerce, in consultation with tribal, State, 
and local officials, shall jointly develop and submit to Con-
gress a border protection 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 of the levels of oper-
ational control, based on auditable and verifiable 
data, achievable through alternative tactical infra-
structure and other security measures. Measures as-
sessed shall include, at a minimum— 
(A) pedestrian fencing; 
(B) vehicle barriers, especially in the vicin-
ity of existing or planned roads; 
(C) additional Border Patrol agents; 
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(D) efficacy of natural barriers and open 
space in response to unauthorized or unlawful 
border crossing; 
(E) fielding of advanced remote sensing 
and information integration technology, includ-
ing the use of unmanned aerial vehicles and 
other advanced technologies and systems, in-
cluding systems developed and employed, or 
under development, for tactical surveillance, 
multisource information integration, and re-
sponse 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; 
(G) enhanced cooperation with, and assist-
ance to, intelligence, security, and law enforce-
ment agencies in Mexico and Canada in detect-
ing, reporting, analyzing, and successfully re-
sponding to unauthorized or unlawful border 
crossings from or into Mexico or Canada; and 
(H) removal of obstructive non-native vege-
tation. 
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(2) A comprehensive analysis of cost and other 
impacts of security measures assessed in paragraph 
(1), including an assessment of— 
(A) land acquisition costs, including re-
lated litigation and other costs; 
(B) construction costs, including both 
labor and material costs; 
(C) maintenance costs over 25 years; 
(D) contractor costs; 
(E) management and overhead costs; 
(F) the impacts on wildlife, wildlife habi-
tat, natural communities, and functioning cross- 
border wildlife migration corridors and hydrol-
ogy (including water quantity, quality, and nat-
ural hydrologic flows) on Federal, tribal, State, 
local, and private lands along the border; and 
(G) costs of fully mitigating the adverse 
impacts to Federal, tribal, State, local, and pri-
vate lands, waters (including water quality, 
quantity, and hydrological flows), wildlife, and 
wildlife habitats, including, where such action is 
possible, the full costs of the replacement or 
restoration of severed wildlife migration cor-
ridors with protected corridors of equivalent bi-
ological functionality, as determined by each 
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Secretary concerned, in consultation with ap-
propriate authorities of tribal, State, and local 
governments and appropriate authorities of 
Mexico and Canada. 
(3) A comprehensive compilation of the fiscal 
investments in acquiring or managing Federal, trib-
al, State, local, and private lands and waters in the 
vicinity of, or ecologically related to, the land bor-
ders of the United States that have been acquired or 
managed in whole or in part for conservation pur-
poses (including the creation or management of pro-
tected wildlife migration corridors) in— 
(A) units of the National Park System; 
(B) National Forest System land; 
(C) land under the jurisdiction of the Bu-
reau of Land Management; 
(D) land under the jurisdiction of the 
United States Fish and Wildlife Service; 
(E) other relevant land under the jurisdic-
tion of the Department of the Interior or the 
Department of Agriculture; 
(F) land under the jurisdiction of the De-
partment of Defense or the individual military 
department; 
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(G) land under the jurisdiction of the De-
partment of Commerce; 
(H) tribal lands; 
(I) State and private lands; and 
(J) lands within Mexico and Canada. 
(4) Recommendations for strategic border secu-
rity management based on comparative security as 
detailed in paragraph (1), the cost-benefit analysis 
as detailed in paragraph (2), as well as protection of 
investments in public lands specified in paragraph 
(3). 
(c) TRAINING.— 
(1) REQUIRED
TRAINING.—The Secretary, in 
cooperation with the Secretary concerned, shall pro-
vide— 
(A) natural resource protection training for 
Customs and Border Protection agents or other 
Federal personnel assigned to plan or oversee 
the construction or operation of border security 
tactical infrastructure or to patrol land along or 
in the vicinity of a land border of the United 
States; and 
(B) cultural resource training for Customs 
and Border Protection agents and other Fed-
eral personnel assigned to plan or oversee the 
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construction or operation of border security tac-
tical infrastructure or to patrol tribal lands. 
(2) ADDITIONAL
CONSIDERATIONS.—In devel-
oping and providing training under subparagraph 
(A) of paragraph (1), the Secretary shall coordinate 
with the Secretary concerned and the relevant tribal 
government to ensure that such training is appro-
priate to the mission of the relevant agency and is 
focused on achieving border security objectives while 
avoiding or minimizing the adverse impact on nat-
ural and cultural resources resulting from border se-
curity tactical infrastructure, operations, or other 
activities. 
SEC. 134. ACTIONS TO FURTHER SECURE OPERATIONAL 
CONTROL OF THE INTERNATIONAL LAND 
BORDERS OF THE UNITED STATES. 
(a) IN GENERAL.—Section 102 of the Illegal Immi-
gration 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 OPERATIONAL CONTROL OF 
BORDER. 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be required to gain 
operational control of the international land borders of the 
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United States. Such actions may be taken only in accord-
ance with the border protection strategy developed under 
section 124(a). 
‘‘(b) PRIORITY OF METHODS.—In carrying out the 
requirements of subsection (a), the Secretary of Homeland 
Security shall, where practicable, give first priority to the 
use of remote cameras, sensors, removal of nonnative 
vegetation, incorporation of natural barriers, additional 
manpower, unmanned aerial vehicles, or other low impact 
border enforcement techniques. 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall con-
sult with the Secretary of the Interior, the Secretary 
of Agriculture, the Secretary of Defense, Secretary 
of Commerce, States, local governments, tribal gov-
ernments, and private property owners in the United 
States to minimize the impact on the environment, 
culture, commerce, safety, and quality of life 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— 
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‘‘(A) create or negate any right of action 
for a State, local government, tribal govern-
ment, 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 ap-
plicable Federal, State, local, or tribal law. 
‘‘(3) LIMITATION
ON
REQUIREMENTS.—Not-
withstanding subsection (a), nothing in this section 
shall require the Secretary of Homeland Security to 
install fencing, physical barriers, roads, lighting, 
cameras, or sensors in a particular location along an 
international border of the United States if the Sec-
retary determines that the use or placement of such 
resources is not the most effective and appropriate 
means to achieve and maintain operational control 
over the international border at such location, or if 
the Secretary determines that the direct and indirect 
costs of or the impacts on the environment, culture, 
commerce, safety, or quality of life for the commu-
nities and residents along the border likely to result 
from the use or placement of such resources out-
weigh the benefits of such use or placement.’’. 
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