[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4482 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 4482
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2016
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To require the Secretary of Homeland Security to prepare a southwest
border threat analysis, 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 ``Southwest Border Security Threat
Assessment Act of 2016''.
SEC. 2. SOUTHWEST BORDER THREAT ANALYSIS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a southwest border threat analysis that includes the following:
(1) An assessment of current and potential terrorism and
criminal threats posed by individuals and organized groups
seeking to--
(A) unlawfully enter the United States through the
southwest border; or
(B) exploit security vulnerabilities along the
southwest border.
(2) An assessment of improvements needed at and between
ports of entry along the southwest border to prevent terrorists
and instruments of terror from entering the United States.
(3) An assessment of gaps in law, policy, and coordination
between State, local, or tribal law enforcement, international
agreements, or tribal agreements that hinder effective and
efficient border security, counterterrorism, and anti-human
smuggling and trafficking efforts.
(4) An assessment of the flow of legitimate trade along the
southwest border.
(5) An assessment of the current percentage of situational
awareness achieved by the Department of Homeland Security along
the southwest border.
(6) An assessment of the current percentage of operational
control (as such term is defined in section 2 of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367))
achieved by the Department of Homeland Security of the
southwest.
(7) An assessment of impact of trusted traveler programs on
border wait times and border security.
(8) An assessment of traveler crossing times and any
potential security vulnerability associated with prolonged wait
times.
(b) Analysis Requirements.--For the southwest border threat
analysis required under subsection (a), the Secretary of Homeland
Security shall consider and examine the following:
(1) Technology needs and challenges, including such needs
and challenges identified as a result of previous investments
that have not fully realized the security and operational
benefits that were sought.
(2) Personnel needs and challenges, including such needs
and challenges associated with recruitment and hiring.
(3) Infrastructure needs and challenges.
(4) The roles and authorities of State, local, and tribal
law enforcement in general border security activities.
(5) The status of coordination among Federal, State, local,
tribal, and Mexican law enforcement entities relating to border
security.
(6) The terrain, population density, and climate along the
southwest border.
(7) International agreements between the United States and
Mexico related to border security.
(c) Classified Threat Analysis.--To the extent possible, the
Secretary of Homeland Security shall submit the southwest border threat
analysis required under subsection (a) in unclassified form. The
Secretary may submit a portion of such threat analysis in classified
form if the Secretary determines such is appropriate.
SEC. 3. BORDER PATROL STRATEGIC PLAN.
(a) In General.--Not later than 180 days after the submission of
the threat analysis required under section 2 but not later than June
30, 2017, and every five years thereafter, the Secretary of Homeland
Security, acting through the Chief of U.S. Border Patrol, shall, in
consultation with the Officer for Civil Rights and Civil Liberties of
the Department of Homeland Security, issue a Border Patrol Strategic
Plan.
(b) Contents.--The Border Patrol Strategic Plan required under
subsection (a) shall include, at a minimum, a consideration of the
following:
(1) The southwest border threat analysis required under
section 2, with an emphasis on efforts to mitigate threats
identified in such threat analysis.
(2) Efforts to analyze and disseminate border security and
border threat information between Department of Homeland
Security border security components and with other appropriate
Federal departments and agencies with missions associated with
the border.
(3) Efforts to increase situational awareness, including
the following:
(A) Surveillance capabilities, including
capabilities developed or utilized by the Department of
Defense, and any appropriate technology determined to
be excess by the Department of Defense.
(B) Use of manned aircraft and unmanned aerial
systems, including camera and sensor technology
deployed on such assets.
(4) Efforts to detect and prevent terrorists and
instruments of terrorism from entering the United States.
(5) Efforts to detect, interdict, and disrupt aliens and
illicit drugs at the earliest possible point.
(6) Efforts to focus intelligence collection to disrupt
transnational criminal organizations outside of the
international and maritime borders of the United States.
(7) Efforts to ensure that any new border security
technology can be operationally integrated with existing
technologies in use by the Department of Homeland Security.
(8) Technology required to maintain, support, and enhance
security and facilitate trade at ports of entry, including
nonintrusive detection equipment, radiation detection
equipment, biometric technology, surveillance systems, and
other sensors and technology that the Secretary of Homeland
Security determines necessary.
(9) Operational coordination unity of effort initiatives of
the border security components of the Department of Homeland
Security, including any relevant task forces of the Department.
(10) Lessons learned from Operation Jumpstart and Operation
Phalanx.
(11) Cooperative agreements and information sharing with
State, local, tribal, territorial, and other Federal law
enforcement agencies that have jurisdiction on the northern or
southern border.
(12) Border security information received from consultation
with State, local, tribal, territorial, and Federal law
enforcement agencies that have jurisdiction on the northern or
southern border, or in the maritime environment, and from
border community stakeholders (including through public
meetings with such stakeholders), including representatives
from border agricultural and ranching organizations and
representatives from business and civic organizations along the
northern or southern border.
(13) Staffing requirements for all departmental border
security functions.
(14) A prioritized list of departmental research and
development objectives to enhance the security of the southwest
border.
(15) An assessment of training programs, including training
programs regarding the following:
(A) Identifying and detecting fraudulent documents.
(B) Understanding the scope of enforcement
authorities and the use of force policies.
(C) Screening, identifying, and addressing
vulnerable populations, such as children and victims of
human trafficking.
(16) An assessment of how border security operations affect
crossing times.
SEC. 4. DEFINITIONS.
In this Act:
(1) Situational awareness.--The term ``situational
awareness'' means a knowledge and unified understanding of
unlawful cross-border activity, including threats and trends
concerning illicit trafficking and unlawful crossings (which
may be used to forecast future shifts in such threats and
trends), and the operational capability to conduct continuous
and integrated surveillance of the international borders of the
United States.
(2) Southwest border.--The term ``southwest border'' means
the land and maritime borders between the United States and
Mexico.
Passed the House of Representatives April 13, 2016.
Attest:
KAREN L. HAAS,
Clerk.