[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[House]
[Pages H1663-H1665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        SOUTHWEST BORDER SECURITY THREAT ASSESSMENT ACT OF 2016

  Ms. McSALLY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4482) to require the Secretary of Homeland Security to 
prepare a southwest border threat analysis, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4482

       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:

[[Page H1664]]

       (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.

  The SPEAKER pro tempore (Mr. Thompson of Pennsylvania). Pursuant to 
the rule, the gentlewoman from Arizona (Ms. McSally) and the gentleman 
from New Jersey (Mr. Payne) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Arizona.


                             General Leave

  Ms. McSALLY. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and to include any extraneous materials on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Arizona?
  There was no objection.
  Ms. McSALLY. Mr. Speaker, I yield myself such time as I may consume.
  Today, we are considering a critical piece of legislation that would 
require the Department of Homeland Security to conduct a full 
assessment of the threats that are coming across our southern border.
  Evaluating our border threats regularly seems like common sense, 
especially given the ever-evolving nature of cartel and smuggling 
activity; yet DHS has not conducted a systematic threat assessment of 
our southern border in over 20 years. A lot has changed since then.
  Southern Arizonans know well that our border is not secure. 
Transnational criminal organizations are trafficking drugs, money, 
people, and weapons into and through our communities. This poses a 
significant public safety risk and national security threat. For my 
constituents, this is not just an abstract issue but is something that 
is a part of their everyday lives.
  The brave men and women of the Border Patrol do all they can with the 
tools they are provided, but they are restricted by outdated strategies 
and political leadership that does not have the resolve to let agents 
do what they do best--secure the border. In addition, not only is our 
strategy based off of outdated information, but the metrics used to 
measure that strategy are inconsistent and incomplete.
  The last time DHS measured security along the border, which was in 
2010, a mere 44 percent of it was under operational control. Recently, 
DHS claimed they have been over 80 percent effective along the border; 
yet the best analytical research, using all available data, puts the 
true probability of apprehension much closer to 50 percent. Likewise, a 
month ago, in a hearing I led as the chairwoman of the Border and 
Maritime Security Subcommittee, the Border Patrol confirmed they have 
only a little over 50 percent situational awareness of the border. That 
means, of illicit activity coming across our, roughly, 2,000-mile 
southern border, we only know of a little over half of it. We will 
never secure the border unless we have a full awareness of where we are 
getting beat by the cartels.
  The first step to fixing something is actually understanding the 
problem. My bill requires a full assessment of the threats along our 
southern border, including where we have vulnerabilities, where we can 
better leverage technology, and what percentage of situational 
awareness and operational control we have. Once we understand and 
identify the gaps in our defenses, then we can develop a better plan to 
address those shortfalls through a change of strategy that modifies how 
we deploy agents, technology, and infrastructure. That is why my bill 
also requires the U.S. Border Patrol to design a new strategic plan 
that is based on a new threat analysis required by this bill.
  Mr. Speaker, there is always a lot of talk about securing the border 
here in Washington, D.C. It is time to actually take some action. This 
bill is a critical first step in building trust in our system and in 
our ability to accurately measure illicit activity along the border and 
respond to it. I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 4482, the Southwest Border Security Threat 
Assessment Act of 2016.
  H.R. 4482 would help enhance the Department of Homeland Security's 
border security efforts by enhancing DHS' understanding of the relevant 
vulnerabilities and capabilities and by requiring a strategic plan to 
ensure border security personnel, technology, and infrastructure 
resources are being used to their fullest.
  Specifically, the bill would require the Secretary of Homeland 
Security to assess vulnerabilities and capabilities on the southwest 
border to help counter threats and illegal activities. The assessment 
is to include an analysis of the improvements needed at and between the 
ports of entry; gaps in law and policy between State, local, and tribal 
law enforcement and international agreements that hinder border 
security efforts; the flow of legitimate trade along the southwest 
border; and the percentage of situational awareness and operational 
control achieved by DHS in the region. The bill also requires the Chief 
of the Border Patrol to issue a Border Patrol Strategic Plan every 5 
years based on this assessment.
  Last month, the bill was reported to the House by the Committee on 
Homeland Security after the inclusion of provisions that were offered 
by the ranking member, the gentleman from Mississippi (Mr. Thompson), 
in order to strengthen an already good, commonsense bill.
  H.R. 4482 would help the DHS and the Border Patrol, in particular, to 
understand and to mitigate border security threats, to improve 
coordination and cooperation between DHS' border security components 
and partners, and to increase situational awareness along the border.
  I urge my colleagues to support H.R. 4482.

[[Page H1665]]

  Mr. Speaker, I yield back the balance of my time.
  Ms. McSALLY. Mr. Speaker, once again, I urge all of my colleagues on 
both sides of the aisle to support H.R. 4482.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Arizona (Ms. McSally) that the House suspend the rules 
and pass the bill, H.R. 4482, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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