Sec. 15. Improving the ability to transport migrants
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/bill/117/hr/2839/ih/section-15·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of enactment of this Act, the Secretary shall update the transportation policies, standards, definitions, and any other needed guidance or regulations of the Department of Homeland Security to expand and improve the capability of the Department to conduct ground transportation of migrants at the southwest border. The update required by paragraph 1 shall include— the provision of authority, to the extent possible, for the Department of Homeland Security to transport migrants who are being released by the Department to facilities operated by State, local, or Tribal governments, or by nongovernmental organizations directly working to provide aid to migrants along the southwest border so as— to ensure the health and safety of local communities and the migrants; to promote an orderly environment along the border and at United States ports of entry; and to avoid overburdening small communities that are poorly equipped to handle a population influx; a consideration of the manner in which a public health emergency may require changes in Department transportation policy to protect public health and the health of migrants; and a system through which the Department shall consistently provide not less than 4 hours advance notification to State, local, or Tribal governments, and nongovernmental organizations and private entities directly providing aid or other services to migrants, including services provided for a fee, of the intent of the Department to transport migrants to such jurisdictions or facilities located in such jurisdiction.
Any authority established under paragraph (2)(A) shall be limited to transportation within the States of California, Arizona, New Mexico, and Texas, unless the Secretary certifies, on a case-by-case basis, that transport to a particular facility located in another State is necessary for the public good. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report that includes— an assessment as to whether current Department of Homeland Security ground transportation resources are sufficient— to meet Department responsibilities with respect to the transportation of migrants; and to ensure the safety of Department personnel and migrants; a description of current Department contracts regarding transportation of migrants at the southwest border, the ability of the Department to expand such contracts to improve transportation capacity, and any limitations related to such contracts that impede the expansion of transportation capacity; a description of recommended changes to Department transportation policies and standards that would require additional legislative authority; recommendations to Congress for legislative changes that would improve the ability of the Department to expand and improve its transportation capabilities; and an assessment of the impact of public health emergencies on Department transportation and the steps the Department will take to further improve transportation of migrants during public health emergencies.