[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 506 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 506
To require assessments for Foreign Terrorist Organization designations,
authorize certain appropriations for certain fiscal years for Operation
Stonegarden, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2025
Mr. Tony Gonzales of Texas (for himself, Mr. Ciscomani, Ms. Salazar,
Ms. De La Cruz, Mr. Feenstra, Mr. Evans of Colorado, Mr. Valadao, Mrs.
Kim, Mr. Kean, Mr. Babin, Mr. Crenshaw, Mr. Weber of Texas, Mrs.
Hinson, Mr. Higgins of Louisiana, and Mr. Moylan) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on the Judiciary, 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 require assessments for Foreign Terrorist Organization designations,
authorize certain appropriations for certain fiscal years for Operation
Stonegarden, 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 ``Security First Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since FY2021, there were more than 8.72 million
encounters at the Southwest border.
(2) Since FY2021, there have been roughly 2 million known
``gotaways'' that have evaded United States Border Patrol.
(3) Since FY2021, there were 395 encounters in between our
borders with individuals on the Terrorist Screening Dataset,
also known as the terrorist watchlist.
(4) Since FY2021, 9,254 pounds of fentanyl have been seized
between ports of entry nationwide.
(5) In 2023, there were 105,007 opioid deaths, with 72,776
deaths involving synthetic opioids like fentanyl.
(6) Mexican cartels and transnational criminal
organizations have been linked to committing severe crimes
including homicides, rape, sexual assault, and kidnappings, and
significantly influence drug trafficking and human trafficking
across the Southwest border, organizing and profiting off these
illicit operations.
(7) In 2024, U.S. Border Patrol sent out multiple alerts to
personnel warning of Mexican cartel members being permitted to
shoot at Border Patrol Agents and engage in retaliatory
shootings, a direct threat to homeland security.
(8) In 2024, Homeland Security Investigations (HSI) sent
out an alert to personnel that Venezuelan gang Tren de Aragua
had been given the ``green light'' to fire on or attack law
enforcement in Colorado, a direct threat to homeland security.
(9) State and local law enforcement continue to assume a
larger and critical role aiding federal law enforcement in
border security operations with limited, finite resources.
(10) Federal, State, and local law enforcement need the
resources necessary to secure U.S. borders and protect the
homeland.
SEC. 3. OPERATION STONEGARDEN APPROPRIATIONS AND TRUST FUND.
(a) Certain Appropriations.--There is authorized to be appropriated
for each of fiscal years 2025 through 2028 $110,000,000 for the
Operation Stonegarden grant program, and not less than $36,666,666 for
each of fiscal years 2025 through 2028 to procure technology and
equipment, including communications equipment, sensors, and drone
technology.
(b) Operation Stonegarden Trust Fund.--
(1) Creation of trust fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Operation Stonegarden Trust Fund'' (referred to in this
section as the ``Trust Fund''), consisting of amounts
transferred to the Trust Fund under paragraph (2).
(2) Transfers to trust fund.--The Secretary of the Treasury
shall transfer to the Trust Fund, from the general fund of the
Treasury, for fiscal year 2025 and each fiscal year thereafter
until 2028, an amount equivalent to the amount received into
the general fund during that fiscal year attributable to
unreported monetary instruments seized by U.S. Customs and
Border Protection from individuals crossing the United States
and Mexico border.
(3) Use of trust fund.--Amounts in the Trust Fund shall be
made available to the Secretary of Homeland Security, without
further appropriation, to fund the Operation Stonegarden grant
program.
(4) Limitation.--The Secretary may only expend funds made
available from the Trust Fund to carry out the activity
described in paragraph (3).
(5) Monetary instrument.--
(A) In general.--Except as provided in subparagraph
(B), a monetary instrument means--
(i) coin or currency of the United States
or of any other country;
(ii) traveler's checks in any form;
(iii) negotiable instruments, including
checks, promissory notes, and money orders in
bearer form, endorsed without restriction, made
out to a fictitious payee, or otherwise in such
form that title thereto passes upon delivery;
(iv) incomplete instruments, including
checks, promissory notes, and money orders that
are signed but on which the name of the payee
has been omitted; and
(v) securities or stock in bearer form or
otherwise in such form that title thereto
passes upon delivery.
(B) Exception.--A monetary instrument referred to
in subparagraph (A) does not include--
(i) checks or money orders made payable to
the order of a named person which have not been
endorsed or which bear restrictive
endorsements;
(ii) warehouse receipts; or
(iii) bills of lading.
SEC. 4. FOREIGN TERRORIST ORGANIZATION DESIGNATIONS.
(a) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on whether
Mexican drug cartels and criminal gangs meet the criteria for
designation as foreign terrorist organizations.
(2) Mexican drug cartels described.--The Mexican drug
cartels and criminal gangs described in this paragraph are each
of the following:
(A) Jalisco New Generation Cartel.
(B) Sinaloa Cartel.
(C) Juarez Cartel.
(D) Tijuana Cartel.
(E) Gulf Cartel.
(F) Los Zetas.
(3) Criminal gangs described.--The criminal gangs described
in this paragraph refer to the Tren De Aragua.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' has the meaning given the term in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 5. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.
(a) Technology Needs Analysis.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit, to the
appropriate congressional committees, a technology needs analysis for
border security technology along the Southwest border.
(b) Contents.--The analysis required under subsection (a) shall
include an assessment of--
(1) the technology needs and gaps along the Southwest
border--
(A) to prevent terrorists and instruments of terror
from entering the United States;
(B) to combat and reduce cross-border criminal
activity, including, but not limited to--
(i) the transport of illegal goods, such as
illicit drugs; and
(ii) human smuggling and human trafficking;
and
(C) to facilitate the flow of legal trade across
the Southwest border;
(2) recent technological advancements in--
(A) manned aircraft sensor, communication, and
common operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including
cameras, sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance
sensors; and
(v) deployable, lighter-than-air, ground
surveillance equipment;
(D) nonintrusive inspection technology, including
non-x ray devices utilizing muon tomography and other
advanced detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites;
(3) any other technological advancements that the Secretary
determines to be critical to the Department's mission along the
Southwest border;
(4) whether the use of the technological advances described
in paragraphs (2) and (3) will--
(A) improve border security;
(B) improve the capability of the Department to
accomplish its mission along the Southwest border;
(C) reduce technology gaps along the Southwest
border; and
(D) enhance the safety of any officer or agent of
the Department or any other Federal agency;
(5) the Department's ongoing border security technology
development efforts, including efforts by--
(A) U.S. Customs and Border Protection;
(B) the Science and Technology Directorate; and
(C) the technology assessment office of any other
operational component;
(6) the technology needs for improving border security,
such as--
(A) information technology or other computer or
computing systems data capture;
(B) biometrics;
(C) cloud storage; and
(D) intelligence data sharing capabilities among
agencies within the Department;
(7) any other technological needs or factors, including
border security infrastructure, such as physical barriers or
dual-purpose infrastructure, that the Secretary determines
should be considered; and
(8) currently deployed technology or new technology that
would improve the Department's ability--
(A) to reasonably achieve operational control and
situational awareness along the Southwest border; and
(B) to collect metrics for securing the border at
and between ports of entry, as required under
subsections (b) and (c) of section 1092 of division A
of the National Defense Authorization Act for Fiscal
Year 2017 (6 U.S.C. 223).
(c) Updates.--
(1) In general.--Not later than 2 years after the
submission of the analysis required under subsection (a), and
biannually thereafter for the following 4 years, the Secretary
shall submit an update to such analysis to the appropriate
congressional committees.
(2) Contents.--Each update required under paragraph (1)
shall include a plan for utilizing the resources of the
Department to meet the border security technology needs and
gaps identified pursuant to subsection (b), including
developing or acquiring technologies not currently in use by
the Department that would allow the Department to bridge
existing border technology gaps along the Southwest border.
(d) Items To Be Considered.--In compiling the technology needs
analysis and updates required under this section, the Secretary shall
consider and examine--
(1) technology that is deployed and is sufficient for the
Department's use along the Southwest border;
(2) technology that is deployed, but is insufficient for
the Department's use along the Southwest border;
(3) technology that is not deployed, but is necessary for
the Department's use along the Southwest border;
(4) current formal departmental requirements documentation
examining current border security threats and challenges faced
by any component of the Department;
(5) trends and forecasts regarding migration across the
Southwest border;
(6) the impact on projected staffing and deployment needs
for the Department, including staffing needs that may be
fulfilled through the use of technology;
(7) the needs and challenges faced by employees of the
Department who are deployed along the Southwest border;
(8) the need to improve cooperation among Federal, State,
Tribal, local, and Mexican law enforcement entities to enhance
security along the Southwest border;
(9) the privacy implications of existing technology and the
acquisition and deployment of new technologies and supporting
infrastructure, with an emphasis on how privacy risks might be
mitigated through the use of technology, training, and policy;
(10) the impact of any ongoing public health emergency that
impacts Department operations along the Southwest border; and
(11) the ability of, and the needs for, the Department to
assist with search and rescue efforts for individuals or groups
that may be in physical danger or in need of medical
assistance.
(e) Form.--To the extent possible, the Secretary shall submit the
technology needs analysis and updates required under this section in
unclassified form, but may submit such documents, or portions of such
documents, in classified form if the Secretary determines that such
action is appropriate.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Southwest border.--The term ``Southwest border'' means
the international land border between the United States and
Mexico, including the ports of entry along such border.
SEC. 6. REPORT RELATING TO HIRING PRACTICES OF THE DEPARTMENT FROM 2018
TO 2024.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report relating the hiring practices of the Department that
includes--
(1) information relating to the recruitment practices of
the Department from 2018 to 2024; and
(2) recommendations with respect to improving the
operational capacity of the Department workforce.
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