[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4224 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 625
116th CONGRESS
  2d Session
                                S. 4224

                          [Report No. 116-322]

  To require the Secretary of Homeland Security to assess technology 
  needs along the Southern border and develop a strategy for bridging 
                               such gaps.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

 Ms. Sinema (for herself, Mr. Cornyn, and Mr. Lankford) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

                           December 14, 2020

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Homeland Security to assess technology 
  needs along the Southern border and develop a strategy for bridging 
                               such gaps.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Southwest Border Security 
Technology Improvement Act of 2020''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND 
              UPDATES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Contents.--The analysis required under subsection (a) 
shall include an assessment of--</DELETED>
        <DELETED>    (1) the technology needs and gaps along the 
        Southwest border--</DELETED>
                <DELETED>    (A) to prevent terrorists and instruments 
                of terror from entering the United States;</DELETED>
                <DELETED>    (B) to combat and reduce cross-border 
                criminal activity, including, but not limited to--
                </DELETED>
                        <DELETED>    (i) the transport of illegal 
                        goods, such as illicit drugs; and</DELETED>
                        <DELETED>    (ii) human smuggling and human 
                        trafficking; and</DELETED>
                <DELETED>    (C) to facilitate the flow of legal trade 
                across the Southwest border;</DELETED>
        <DELETED>    (2) recent technological advancements in--
        </DELETED>
                <DELETED>    (A) manned aircraft sensor, communication, 
                and common operating picture technology;</DELETED>
                <DELETED>    (B) unmanned aerial systems and related 
                technology, including counter-unmanned aerial system 
                technology;</DELETED>
                <DELETED>    (C) surveillance technology, including--
                </DELETED>
                        <DELETED>    (i) mobile surveillance 
                        vehicles;</DELETED>
                        <DELETED>    (ii) associated electronics, 
                        including cameras, sensor technology, and 
                        radar;</DELETED>
                        <DELETED>    (iii) tower-based surveillance 
                        technology;</DELETED>
                        <DELETED>    (iv) advanced unattended 
                        surveillance sensors; and</DELETED>
                        <DELETED>    (v) deployable, lighter-than-air, 
                        ground surveillance equipment;</DELETED>
                <DELETED>    (D) nonintrusive inspection technology, 
                including non-X-ray devices utilizing muon tomography 
                and other advanced detection technology;</DELETED>
                <DELETED>    (E) tunnel detection technology; 
                and</DELETED>
                <DELETED>    (F) communications equipment, including--
                </DELETED>
                        <DELETED>    (i) radios;</DELETED>
                        <DELETED>    (ii) long-term evolution 
                        broadband; and</DELETED>
                        <DELETED>    (iii) miniature 
                        satellites;</DELETED>
        <DELETED>    (3) any other technological advancements that the 
        Secretary determines to be critical to the Department's mission 
        along the Southwest border;</DELETED>
        <DELETED>    (4) whether the use of the technological advances 
        described in paragraphs (2) and (3) will--</DELETED>
                <DELETED>    (A) improve border security;</DELETED>
                <DELETED>    (B) improve the capability of the 
                Department to accomplish its mission along the 
                Southwest border;</DELETED>
                <DELETED>    (C) reduce technology gaps along the 
                Southwest border; and</DELETED>
                <DELETED>    (D) enhance the safety of any officer or 
                agent of the Department or any other Federal 
                agency;</DELETED>
        <DELETED>    (5) the Department's ongoing border security 
        technology development efforts, including efforts by--
        </DELETED>
                <DELETED>    (A) U.S. Customs and Border 
                Protection;</DELETED>
                <DELETED>    (B) the Science and Technology 
                Directorate; and</DELETED>
                <DELETED>    (C) the technology assessment office of 
                any other operational component;</DELETED>
        <DELETED>    (6) the technology needs for improving border 
        security, such as--</DELETED>
                <DELETED>    (A) information technology or other 
                computer or computing systems data capture;</DELETED>
                <DELETED>    (B) biometrics;</DELETED>
                <DELETED>    (C) cloud storage; and</DELETED>
                <DELETED>    (D) intelligence data sharing capabilities 
                among agencies within the Department;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (8) currently deployed technology or new 
        technology that would improve the Department's ability--
        </DELETED>
                <DELETED>    (A) to reasonably achieve operational 
                control and situational awareness along the Southwest 
                border; and</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (c) Updates.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        submission of the analysis required under subsection (a), and 
        annually for the following 4 years, the Secretary shall submit 
        an update to such analysis to the appropriate congressional 
        committees.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Items to Be Considered.--In compiling the technology 
needs analysis and updates required under this section, the Secretary 
shall consider and examine--</DELETED>
        <DELETED>    (1) technology that is deployed and is sufficient 
        for the Department's use along the Southwest border;</DELETED>
        <DELETED>    (2) technology that is deployed, but is 
        insufficient for the Department's use along the Southwest 
        border; and</DELETED>
        <DELETED>    (3) technology that is not deployed, but is 
        necessary for the Department's use along the Southwest 
        border;</DELETED>
        <DELETED>    (4) current formal departmental requirements 
        documentation examining current border security threats and 
        challenges faced by any component of the Department;</DELETED>
        <DELETED>    (5) trends and forecasts regarding migration 
        across the Southwest border;</DELETED>
        <DELETED>    (6) the impact on projected staffing and 
        deployment needs for the Department, including staffing needs 
        that may be fulfilled through the use of technology;</DELETED>
        <DELETED>    (7) the needs and challenges faced by employees of 
        the Department who are deployed along the Southwest 
        border;</DELETED>
        <DELETED>    (8) the need to improve cooperation among Federal, 
        State, tribal, local, and Mexican law enforcement entities to 
        enhance security along the Southwest border;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (10) the impact of any ongoing public health 
        emergency that impacts the Southwest border; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Classified 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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southwest Border Security Technology 
Improvement Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (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. 3. 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; and
            (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) Classified 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.
                                                       Calendar No. 625

116th CONGRESS

  2d Session

                                S. 4224

                          [Report No. 116-322]

_______________________________________________________________________

                                 A BILL

  To require the Secretary of Homeland Security to assess technology 
  needs along the Southern border and develop a strategy for bridging 
                               such gaps.

_______________________________________________________________________

                           December 14, 2020

                       Reported with an amendment