Title: Border Community Input in Border Security Act
Policy area: Immigration

Summary:
Border Community Input in Border Security Act
This bill prohibits the Department of Homeland Security (DHS) from constructing additional physical barriers or related infrastructure or technology between ports of entry along the U.S.-Mexico border until DHS has published a final mitigation plan to minimize the impact of the barriers and infrastructure on the communities in the affected areas.
DHS shall (1) first publish a publicly available initial mitigation plan, (2) hold public meetings near the affected areas, and (3) provide an opportunity for written feedback. DHS shall develop and publish a final mitigation plan after taking into consideration the public feedback on the initial plan..If significant additional construction or deployment is determined to be necessary after the publication of a final plan, DHS shall update the plan and provide additional opportunities for public feedback.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1292 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1292

To amend the Homeland Security Act of 2002 to require border community 
stakeholder consultation before the Secretary of Homeland Security may 
 construct, install, deploy, operate, or maintain additional physical 
barriers, tactical infrastructure, or technology between ports of entry 
       along the land border with Mexico, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2019

 Mr. Vela (for himself and Mr. Thompson of Mississippi) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
To amend the Homeland Security Act of 2002 to require border community 
stakeholder consultation before the Secretary of Homeland Security may 
 construct, install, deploy, operate, or maintain additional physical 
barriers, tactical infrastructure, or technology between ports of entry 
       along the land border with Mexico, 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.

    This Act may be cited as the ``Border Community Input in Border 
Security Act''.

SEC. 2. BORDER COMMUNITY STAKEHOLDER CONSULTATION.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following:

``SEC. 890B. BORDER COMMUNITY STAKEHOLDER CONSULTATION.

    ``(a) In General.--Notwithstanding section 102 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996, the 
Secretary may not construct, install, deploy, operate, or maintain 
additional physical barriers, tactical infrastructure, or technology 
(including the removal of obstacles for such purpose) between ports of 
entry in a Border Patrol sector along the land border with Mexico until 
the Secretary publishes in the Federal Register a final mitigation plan 
with respect to such sector to minimize in such sector the impact on 
the economic, environmental, ecological, historical, cultural, 
commercial, or other quality of life factors for the communities and 
residents located near the sites at which any such physical barriers, 
tactical infrastructure, or technology are to be constructed, 
installed, deployed, operated, or maintained (or obstacles are to be 
removed), as the case may be. Such final mitigation plan shall be 
developed in accordance with this section.
    ``(b) Initial Mitigation Plan.--The Secretary shall publish on a 
publicly available website of the Department an announcement regarding 
any removal, construction, installation, deployment, operation, or 
maintenance described in subsection (a). Such announcement shall--
            ``(1) explain the basis for the Secretary's determination 
        that any such removal, construction, installation, deployment, 
        operation, or maintenance, as the case may be, is the most 
        practical and effective method to achieve situational awareness 
        and operational control at the site in the Border Patrol sector 
        at issue along such border;
            ``(2) include, with respect to any such removal, 
        construction, installation, deployment, operation, or 
        maintenance, an initial mitigation plan to minimize the impact 
        on the economic, environmental, ecological, historical, 
        cultural, commercial, or other quality of life factors for 
        border community stakeholders;
            ``(3) provide an opportunity for written feedback and input 
        from border community stakeholders; and
            ``(4) include the dates, times, and places for at least two 
        public meetings in locations within 20 miles of each site for 
        which the Secretary makes a determination pursuant to paragraph 
        (1) for the purpose of soliciting feedback and input from 
        border community stakeholders regarding such initial mitigation 
        plan.
    ``(c) Final Mitigation Plan.--After receiving feedback and input 
under subsection (b) regarding an initial mitigation plan, the 
Secretary shall develop a final mitigation plan taking into 
consideration such feedback and input. The Secretary shall publish in 
the Federal Register such final mitigation plan.
    ``(d) Updates to Final Mitigation Plan.--The Secretary shall update 
a final mitigation plan under this section if significant construction, 
installation, deployment, operation, or maintenance of additional 
physical barriers, tactical infrastructure, or technology (including 
the removal of obstacles for such purpose) is determined necessary. Any 
such update shall--
            ``(1) be published on a publicly available website of the 
        Department;
            ``(2) meet the requirement described in subsection (b)(1); 
        and
            ``(3) provide an opportunity for written feedback and input 
        from border community stakeholders.
    ``(e) Notification.--Not more than 90 days before commencing any 
construction, installation, deployment, operation, or maintenance of 
additional physical barriers, tactical infrastructure, or technology 
(including removal of obstacles for such purpose) at a site in a Border 
Patrol sector in accordance with this section, the Secretary shall 
provide the Comptroller General of the United States, the Committee on 
Homeland Security of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate with the 
following:
            ``(1) The final mitigation plan under subsection (c) or an 
        updated final mitigation plan under subsection (d), together 
        with information relating to the feedback and input received in 
        accordance with subsection (b) or subsection (d), respectively.
            ``(2) Information on the following:
                    ``(A) The type of additional physical barriers, 
                tactical infrastructure, or technology the Secretary 
                has determined is most practical and effective to 
                achieve situational awareness and operational control 
                at such site.
                    ``(B) The associated timeline for the construction, 
                installation, deployment, operation, or maintenance of 
                such additional physical barriers, tactical 
                infrastructure, or technology (including removal of 
                obstacles for such purpose).
                    ``(C) Projected costs, analysis of alternatives, 
                and plans for such removal, construction, installation, 
                deployment, operation, or maintenance or such 
                additional physical barriers, tactical infrastructure, 
                or technology, together with specific information on 
                how much of such site is privately owned and may be 
                subject to eminent domain.
    ``(f) Definitions.--In this section:
            ``(1) Border community stakeholders.--The term `border 
        community stakeholders' means, with respect to sites in Border 
        Patrol sectors at which construction, installation, deployment, 
        operation, or maintenance of additional physical barriers, 
        tactical infrastructure, or technology (including removal of 
        obstacles for such purpose) is the subject of an initial, 
        final, or updated final mitigation plan under this section--
                    ``(A) private property owners of such sites;
                    ``(B) State or local governments or Indian tribes 
                that own, manage, or administer such sites or the use 
                of resources of such sites; and
                    ``(C) other individuals who could be impacted by 
                such departmental action, as determined by the 
                Secretary.
            ``(2) Operational control.--The term `operational control' 
        has the meaning given such term in section 2 of the Secure 
        Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
            ``(3) Property.--The term `property' means land, including 
        an estate or interest in land, including an easement or right 
        of way in land.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 890A the following new item:

``Sec. 890B. Border community stakeholder consultation.''.
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