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Union Calendar No. 374 

114TH CONGRESS 

2D SESSION H. R. 4482 

[Report No. 114–492] 

To require the Secretary of Homeland Security to prepare a southwest border 

threat analysis, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2016 

Ms. MCSALLY (for herself, Mr. CARTER of Georgia, Mr. FRANKS of Arizona, 

Mr. GOSAR, Mr. MCCAUL, Mr. WALKER, Mr. YOUNG of Iowa, Ms. 

SINEMA, Mr. ZINKE, Mr. SALMON, and Mr. SCHWEIKERT) introduced the 

following bill; which was referred to the Committee on Homeland Security 

APRIL 13, 2016 

Additional sponsor: Mr. CULBERSON

APRIL 13, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 4, 2016] 


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A BILL 

To require the Secretary of Homeland Security to prepare 

a southwest border threat analysis, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southwest Border Secu5 rity Threat Assessment Act of 2016’’. 

6 SEC. 2. SOUTHWEST BORDER THREAT ANALYSIS. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of Homeland 

9 Security shall submit to the Committee on Homeland Secu10 rity of the House of Representatives and the Committee on 

11 Homeland Security and Governmental Affairs of the Senate 

12 a southwest border threat analysis that includes the fol13 lowing: 

14 (1) An assessment of current and potential ter15 rorism and criminal threats posed by individuals and 

16 organized groups seeking to— 

17 (A) unlawfully enter the United States 

18 through the southwest border; or 

19 (B) exploit security vulnerabilities along the 

20 southwest border. 

21 (2) An assessment of improvements needed at 

22 and between ports of entry along the southwest border 

23 to prevent terrorists and instruments of terror from 

24 entering the United States. 


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1 (3) An assessment of gaps in law, policy, and co2 ordination between State, local, or tribal law enforce3 ment, international agreements, or tribal agreements 

4 that hinder effective and efficient border security, 

5 counterterrorism, and anti-human smuggling and 

6 trafficking efforts. 

7 (4) An assessment of the flow of legitimate trade 

8 along the southwest border. 

9 (5) An assessment of the current percentage of 

10 situational awareness achieved by the Department of 

11 Homeland Security along the southwest border. 

12 (6) An assessment of the current percentage of 

13 operational control (as such term is defined in section 

14 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 

15 note; Public Law 109–367)) achieved by the Depart16 ment of Homeland Security of the southwest. 

17 (7) An assessment of impact of trusted traveler 

18 programs on border wait times and border security. 

19 (8) An assessment of traveler crossing times and 

20 any potential security vulnerability associated with 

21 prolonged wait times. 

22 (b) ANALYSIS REQUIREMENTS.—For the southwest 

23 border threat analysis required under subsection (a), the 

24 Secretary of Homeland Security shall consider and examine 

25 the following: 


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1 (1) Technology needs and challenges, including 

2 such needs and challenges identified as a result of 

3 previous investments that have not fully realized the 

4 security and operational benefits that were sought. 

5 (2) Personnel needs and challenges, including 

6 such needs and challenges associated with recruitment 

7 and hiring. 

8 (3) Infrastructure needs and challenges. 

9 (4) The roles and authorities of State, local, and 

10 tribal law enforcement in general border security ac11 tivities. 

12 (5) The status of coordination among Federal, 

13 State, local, tribal, and Mexican law enforcement en14 tities relating to border security. 

15 (6) The terrain, population density, and climate 

16 along the southwest border. 

17 (7) International agreements between the United 

18 States and Mexico related to border security. 

19 (c) CLASSIFIED THREAT ANALYSIS.—To the extent 

20 possible, the Secretary of Homeland Security shall submit 

21 the southwest border threat analysis required under sub22 section (a) in unclassified form. The Secretary may submit 

23 a portion of such threat analysis in classified form if the 

24 Secretary determines such is appropriate. 


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1 SEC. 3. BORDER PATROL STRATEGIC PLAN. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 submission of the threat analysis required under section 2 

4 but not later than June 30, 2017, and every five years there5 after, the Secretary of Homeland Security, acting through 

6 the Chief of U.S. Border Patrol, shall, in consultation with 

7 the Officer for Civil Rights and Civil Liberties of the De8 partment of Homeland Security, issue a Border Patrol 

9 Strategic Plan. 

10 (b) CONTENTS.—The Border Patrol Strategic Plan re11 quired under subsection (a) shall include, at a minimum, 

12 a consideration of the following: 

13 (1) The southwest border threat analysis required 

14 under section 2, with an emphasis on efforts to miti15 gate threats identified in such threat analysis. 

16 (2) Efforts to analyze and disseminate border se17 curity and border threat information between Depart18 ment of Homeland Security border security compo19 nents and with other appropriate Federal depart20 ments and agencies with missions associated with the 

21 border. 

22 (3) Efforts to increase situational awareness, in23 cluding the following: 

24 (A) Surveillance capabilities, including ca25 pabilities developed or utilized by the Depart26 ment of Defense, and any appropriate technology 


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1 determined to be excess by the Department of De2 fense. 

3 (B) Use of manned aircraft and unmanned 

4 aerial systems, including camera and sensor 

5 technology deployed on such assets. 

6 (4) Efforts to detect and prevent terrorists and 

7 instruments of terrorism from entering the United 

8 States. 

9 (5) Efforts to detect, interdict, and disrupt aliens 

10 and illicit drugs at the earliest possible point. 

11 (6) Efforts to focus intelligence collection to dis12 rupt transnational criminal organizations outside of 

13 the international and maritime borders of the United 

14 States. 

15 (7) Efforts to ensure that any new border secu16 rity technology can be operationally integrated with 

17 existing technologies in use by the Department of 

18 Homeland Security. 

19 (8) Technology required to maintain, support, 

20 and enhance security and facilitate trade at ports of 

21 entry, including nonintrusive detection equipment, 

22 radiation detection equipment, biometric technology, 

23 surveillance systems, and other sensors and technology 

24 that the Secretary of Homeland Security determines 

25 necessary. 


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1 (9) Operational coordination unity of effort ini2 tiatives of the border security components of the De3 partment of Homeland Security, including any rel4 evant task forces of the Department. 

5 (10) Lessons learned from Operation Jumpstart 

6 and Operation Phalanx. 

7 (11) Cooperative agreements and information 

8 sharing with State, local, tribal, territorial, and other 

9 Federal law enforcement agencies that have jurisdic10 tion on the northern or southern border. 

11 (12) Border security information received from 

12 consultation with State, local, tribal, territorial, and 

13 Federal law enforcement agencies that have jurisdic14 tion on the northern or southern border, or in the 

15 maritime environment, and from border community 

16 stakeholders (including through public meetings with 

17 such stakeholders), including representatives from bor18 der agricultural and ranching organizations and rep19 resentatives from business and civic organizations 

20 along the northern or southern border. 

21 (13) Staffing requirements for all departmental 

22 border security functions. 

23 (14) A prioritized list of departmental research 

24 and development objectives to enhance the security of 

25 the southwest border. 


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1 (15) An assessment of training programs, in2 cluding training programs regarding the following: 

3 (A) Identifying and detecting fraudulent 

4 documents. 

5 (B) Understanding the scope of enforcement 

6 authorities and the use of force policies. 

7 (C) Screening, identifying, and addressing 

8 vulnerable populations, such as children and vic9 tims of human trafficking. 

10 (16) An assessment of how border security oper11 ations affect crossing times. 

12 SEC. 4. DEFINITIONS. 

13 In this Act: 

14 (1) SITUATIONAL AWARENESS.—The term ‘‘situa15 tional awareness’’ means a knowledge and unified un16 derstanding of unlawful cross-border activity, includ17 ing threats and trends concerning illicit trafficking 

18 and unlawful crossings (which may be used to fore19 cast future shifts in such threats and trends), and the 

20 operational capability to conduct continuous and in21 tegrated surveillance of the international borders of 

22 the United States. 

23 (2) SOUTHWEST BORDER.—The term ‘‘southwest 

24 border’’ means the land and maritime borders be25 tween the United States and Mexico. 


sradovich on DSK3TPTVN1PROD with BILLS
Union Calendar No. 374 

114TH CONGRESS 

2D SESSION H. R. 4482 

[Report No. 114–492] 

A BILL 

To require the Secretary of Homeland Security to 

for other purposes. prepare a southwest border threat analysis, and 

APRIL 13, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sradovich on DSK3TPTVN1PROD with BILLS