[House Report 114-492]
[From the U.S. Government Publishing Office]


114th Congress   }                                        {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                        {    114-492

======================================================================
 
        SOUTHWEST BORDER SECURITY THREAT ASSESSMENT ACT OF 2016

                                _______
                                

 April 13, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4482]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4482) to require the Secretary of Homeland 
Security to prepare a southwest border threat analysis, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     6
Congressional Budget Office Estimate.............................     6
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    The purpose of H.R. 4482 is to require the Secretary of 
Homeland Security to prepare a southwest border threat 
analysis, and for other purposes.

                  Background and Need for Legislation

    In May 2012, Customs and Border Protection released ``2012-
2016 Border Patrol Strategic Plan, The Mission: Protect 
America,'' an updated five-year strategic plan for the U.S. 
Border Patrol for 2012-2016, which previously was not updated 
since 2004. The plan states that the Border Patrol is adopting 
a ``risk-based approach to border security by integrating 
operational and threat-condition assessments'' and focusing 
resources on the greatest border threats. While the updated 
strategy reflects the evolving threats on the border as well as 
resource constraints, it lacks critical elements for the Border 
Patrol to gauge its success.
    A new Border Patrol strategic plan is necessary to address 
evolving border threats and conditions. A new strategic plan 
needs to take into account updated resource needs, account for 
advances in technology, as well as consider lessons learned so 
the Border Patrol can accomplish its mission in the most 
effective manner. This updated plan is to be informed by a 
southwest border threat assessment that provides a picture of 
current border threats and conditions.

                                Hearings

    No hearings were held on H.R. 4482.

                        Committee Consideration

    The Committee met on March 23, 2016, to consider H.R. 4482, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Ms. 
McSally (#1); was AGREED TO by voice vote.

 An Amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1A); was AGREED TO by voice 
vote.
     In section 2(a), add at the end the following: (7) An assessment 
of traveler crossing times and any potential security vulnerability 
associated with prolonged wait times.

 An Amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1B); was AGREED TO by voice 
vote.
     In section 2(a), add at the end the following: (7) An assessment 
of impact of trusted traveler programs on border wait times and border 
security.

 An Amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1C); was AGREED TO by voice 
vote.
     In section 2(b)(1), insert before the period at the end the 
following: ``, including needs and challenges identified as a result of 
previous investments that have not fully realized the security and 
operational benefits that were sought''.

    The Committee considered an en bloc amendment consisting of 
four amendments offered by Mr. Thompson of Mississippi. The 
Chair announced that the amendments would be voted upon as two 
separate amendments as follows:
 An en bloc amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson of Mississippi (#1D); was 
AGREED TO by voice vote.
     Consisting of the following amendments:
     In section 2(b)(2), insert before the period at the end the 
following: ``, including needs and challenges associated with 
recruitment and hiring''.

     In section 2(b), add at the end the following: (7) International 
agreements between the United States and Mexico related to border 
security.

     In section 3(a), insert ``, in consultation with the Officer for 
Civil Rights and Civil Liberties of the Department of Homeland 
Security,'' after ``shall''.

 An Amendment by Mr. Thompson of Mississippi to the Amendment 
in the Nature of a Substitute (#1E); was NOT AGREED TO by a 
recorded vote of 8 yeas and 18 nays (Roll Call Vote No. 17).
     In section 3(b)(14), strike ``the security of the southwest 
border'' and insert ``Border Patrol operations and activities''.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 4482 on 
March 23, 2016, and took the following votes:


COMMITTEE ON HOMELAND SECURITY
 
ROLL CALL NO. 17
 
H.R. 4482
 
 


Roll Call Vote No. 17.
On agreeing to the amendment #1E offered by Mr. Thompson of Mississippi.
Not agreed to: 8 yeas and 18 nays.
 


----------------------------------------------------------------------------------------------------------------
                Representative                  Yea    Nay               Representative              Yea    Nay
----------------------------------------------------------------------------------------------------------------
Mr. McCaul,        Chair.....................            X   Mr. Thompson of Mississippi, Ranking      X
                                                              Member.
Mr. Smith of Texas...........................            X   Ms. Loretta Sanchez of California....
Mr. King of New York.........................            X   Ms. Jackson Lee......................
Mr. Rogers of Alabama........................            X   Mr. Langevin.........................
Mrs. Miller of Michigan......................            X   Mr. Higgins..........................     X
Mr. Duncan of South Carolina.................            X   Mr. Richmond.........................     X
Mr. Marino...................................            X   Mr. Keating..........................     X
Mr. Barletta.................................            X   Mr. Payne............................     X
Mr. Perry....................................            X   Mr. Vela.............................     X
Mr. Clawson of Florida.......................                Mrs. Watson Coleman..................     X
Mr. Katko....................................            X   Miss Rice............................            X
Mr. Hurd of Texas............................            X   Mrs. Torres..........................     X
Mr. Carter of Georgia........................            X
Mr. Walker...................................            X
Mr. Loudermilk...............................            X
Ms. McSally..................................            X
Mr. Ratcliffe................................            X
Mr. Donovan..................................            X
                                                                                                   -------------
                                                             Vote Total:                               8     18
----------------------------------------------------------------------------------------------------------------


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4482, the Southwest Border Security Threat Assessment Act of 
2016, would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the 
House of Representatives, a cost estimate provided by the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 4482 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to ensure the Secretary of Homeland Security conducts a 
comprehensive threat assessment of the Southwest Border that 
would inform future homeland security resourcing needs and 
future Strategic Plans for the U.S. Border Patrol.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4482 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    An estimate of Federal mandates prepared by the Director of 
the Congressional Budget Office pursuant to section 423 of the 
Unfunded Mandates Reform Act was not made available to the 
Committee in time for the filing of this report. The Chairman 
of the Committee shall cause such estimate to be printed in the 
Congressional Record upon its receipt by the Committee.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4482 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4482 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``Southwest Border Security Threat Assessment Act of 2016''.

Sec. 2.   Southwest Border Threat Analysis.

    This section requires the Secretary of Homeland Security to 
submit to the appropriate congressional committees, within six 
months from the date of enactment of this Act, a southwest 
border threat analysis. The threat analysis shall include, at a 
minimum, an assessment of terrorist and criminal threats posed 
by individuals seeking to enter the United States through the 
southwest border; an analysis of improvements needed at ports 
of entry along the southwest border to prevent terrorists and 
instruments of terror from crossing the border; an analysis of 
gaps in law, policy, international agreements, or tribal 
agreements that hinder border security efforts along the 
southwest border; as well as assessments for the current 
percentage of the southwest border under situational awareness 
and operational control.
    The Committee believes a threat analysis of the unique 
challenges along the Southwest border is necessary to better 
determine future capability requirements and inform future 
strategic plans for the Border Patrol. The Committee believes 
the type of analysis required in this bill will better provide 
CBP with a greater foundation needed to ensure adequate 
security coverage, at and between the ports of entry along the 
Southwest border, and will provide Congress with the 
information necessary to conduct proper oversight.
    The Act directs that as much of the assessment as possible 
will be published in an unclassified and transparent form. The 
Committee understands, however, that this assessment will 
contain sensitive information and stresses the need to balance 
properly classifying material with the need to share such 
information, and expects that it will be classified at the 
lowest appropriate classification.

Sec. 3.   Border Patrol Strategic Plan.

    This section requires the Secretary of Homeland Security, 
acting through the Chief of the Border Patrol, to issue a 
Strategic Plan within 6 months after the submission of the 
southwest border threat analysis and not later than June 20, 
2017. This section also outlines the minimum requirements of 
the Border Patrol Strategic Plan, including a mitigation of 
threats identified in the southwest border threat analysis 
required by Section 2 of this Act.
    The Committee believes an additional threat assessment is 
necessary at this time to inform the next Border Patrol 
Strategic Plan, which would update the current 2012-2016 
Strategic Plan. The Committee expects this updated strategy to 
reflect the evolving threats on the border, and include 
specific metrics to gauge border security.

Sec. 4.   Definitions.

    This section defines the terms used in this measure 
``situational awareness'' and ``southwest border''.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 4482 makes no changes to exisiting law.

                                  [all]