[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3436 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3436

 To require the Secretary of Homeland Security to prepare a southwest 
            border threat analysis, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2017

    Ms. McSally (for herself, Mr. Gosar, Mr. Franks of Arizona, Mr. 
 Schweikert, and Ms. Sinema) introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 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 2017''.

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 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.
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