[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]