[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:
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(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.
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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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