II 

Calendar No. 625 

116TH CONGRESS 

2D SESSION S. 4224 

[Report No. 116–322] 

To require the Secretary of Homeland Security to assess technology needs 

along the Southern border and develop a strategy for bridging such gaps. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2020 

Ms. SINEMA (for herself, Mr. CORNYN, and Mr. LANKFORD) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

DECEMBER 14, 2020 

Reported by Mr. JOHNSON, with an amendment 

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

A BILL 

To require the Secretary of Homeland Security to assess 

technology needs along the Southern border and develop 

a strategy for bridging such gaps. 

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 Se5 curity Technology Improvement Act of 2020’’. 


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•S 4224 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; and 

8 (B) the Committee on Homeland Security 

9 of the House of Representatives. 

10 (2) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (4) SOUTHWEST BORDER.—The term ‘‘South15 west border’’ means the international land border 

16 between the United States and Mexico, including the 

17 ports of entry along such border. 

18 SEC. 3. SOUTHERN BORDER TECHNOLOGY NEEDS ANAL19 YSIS AND UPDATES. 

20 (a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 

21 1 year after the date of the enactment of this Act, the 

22 Secretary shall submit, to the appropriate congressional 

23 committees, a technology needs analysis for border secu24 rity technology along the Southwest border. 

25 (b) CONTENTS.—The analysis required under sub26 section (a) shall include an assessment of— 


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•S 4224 RS

1 (1) the technology needs and gaps along the 

2 Southwest border— 

3 (A) to prevent terrorists and instruments 

4 of terror from entering the United States; 

5 (B) to combat and reduce cross-border 

6 criminal activity, including, but not limited to— 

7 (i) the transport of illegal goods, such 

8 as illicit drugs; and 

9 (ii) human smuggling and human 

10 trafficking; and 

11 (C) to facilitate the flow of legal trade 

12 across the Southwest border; 

13 (2) recent technological advancements in— 

14 (A) manned aircraft sensor, communica15 tion, and common operating picture technology; 

16 (B) unmanned aerial systems and related 

17 technology, including counter-unmanned aerial 

18 system technology; 

19 (C) surveillance technology, including— 

20 (i) mobile surveillance vehicles; 

21 (ii) associated electronics, including 

22 cameras, sensor technology, and radar; 

23 (iii) tower-based surveillance tech24 nology; 


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1 (iv) advanced unattended surveillance 

2 sensors; and 

3 (v) deployable, lighter-than-air, 

4 ground surveillance equipment; 

5 (D) nonintrusive inspection technology, in6 cluding non-X-ray devices utilizing muon to7 mography and other advanced detection tech8 nology; 

9 (E) tunnel detection technology; and 

10 (F) communications equipment, includ11 ing— 

12 (i) radios; 

13 (ii) long-term evolution broadband; 

14 and 

15 (iii) miniature satellites; 

16 (3) any other technological advancements that 

17 the Secretary determines to be critical to the De18 partment’s mission along the Southwest border; 

19 (4) whether the use of the technological ad20 vances described in paragraphs (2) and (3) will— 

21 (A) improve border security; 

22 (B) improve the capability of the Depart23 ment to accomplish its mission along the South24 west border; 


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1 (C) reduce technology gaps along the 

2 Southwest border; and 

3 (D) enhance the safety of any officer or 

4 agent of the Department or any other Federal 

5 agency; 

6 (5) the Department’s ongoing border security 

7 technology development efforts, including efforts 

8 by— 

9 (A) U.S. Customs and Border Protection; 

10 (B) the Science and Technology Direc11 torate; and 

12 (C) the technology assessment office of any 

13 other operational component; 

14 (6) the technology needs for improving border 

15 security, such as— 

16 (A) information technology or other com17 puter or computing systems data capture; 

18 (B) biometrics; 

19 (C) cloud storage; and 

20 (D) intelligence data sharing capabilities 

21 among agencies within the Department; 

22 (7) any other technological needs or factors, in23 cluding border security infrastructure, such as phys24 ical barriers or dual-purpose infrastructure, that the 

25 Secretary determines should be considered; and 


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1 (8) currently deployed technology or new tech2 nology that would improve the Department’s abil3 ity— 

4 (A) to reasonably achieve operational con5 trol and situational awareness along the South6 west border; and 

7 (B) to collect metrics for securing the bor8 der at and between ports of entry, as required 

9 under subsections (b) and (c) of section 1092 of 

10 division A of the National Defense Authoriza11 tion Act for Fiscal Year 2017 (6 U.S.C. 223). 

12 (c) UPDATES.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the submission of the analysis required under sub15 section (a), and annually for the following 4 years, 

16 the Secretary shall submit an update to such anal17 ysis to the appropriate congressional committees. 

18 (2) CONTENTS.—Each update required under 

19 paragraph (1) shall include a plan for utilizing the 

20 resources of the Department to meet the border se21 curity technology needs and gaps identified pursuant 

22 to subsection (b), including developing or acquiring 

23 technologies not currently in use by the Department 

24 that would allow the Department to bridge existing 

25 border technology gaps along the Southwest border. 


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1 (d) ITEMS TO BE CONSIDERED.—In compiling the 

2 technology needs analysis and updates required under this 

3 section, the Secretary shall consider and examine— 

4 (1) technology that is deployed and is sufficient 

5 for the Department’s use along the Southwest bor6 der; 

7 (2) technology that is deployed, but is insuffi8 cient for the Department’s use along the Southwest 

9 border; and 

10 (3) technology that is not deployed, but is nec11 essary for the Department’s use along the Southwest 

12 border; 

13 (4) current formal departmental requirements 

14 documentation examining current border security 

15 threats and challenges faced by any component of 

16 the Department; 

17 (5) trends and forecasts regarding migration 

18 across the Southwest border; 

19 (6) the impact on projected staffing and deploy20 ment needs for the Department, including staffing 

21 needs that may be fulfilled through the use of tech22 nology; 

23 (7) the needs and challenges faced by employees 

24 of the Department who are deployed along the 

25 Southwest border; 


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1 (8) the need to improve cooperation among 

2 Federal, State, tribal, local, and Mexican law en3 forcement entities to enhance security along the 

4 Southwest border; 

5 (9) the privacy implications of existing tech6 nology and the acquisition and deployment of new 

7 technologies and supporting infrastructure, with an 

8 emphasis on how privacy risks might be mitigated 

9 through the use of technology, training, and policy; 

10 (10) the impact of any ongoing public health 

11 emergency that impacts the Southwest border; and 

12 (11) the ability of, and the needs for, the De13 partment to assist with search and rescue efforts for 

14 individuals or groups that may be in physical danger 

15 or in need of medical assistance. 

16 (e) CLASSIFIED FORM.—To the extent possible, the 

17 Secretary shall submit the technology needs analysis and 

18 updates required under this section in unclassified form, 

19 but may submit such documents, or portions of such docu20 ments, in classified form if the Secretary determines that 

21 such action is appropriate. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Southwest Border Secu24 rity Technology Improvement Act of 2020’’. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 4224 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; and 

8 (B) the Committee on Homeland Security of 

9 the House of Representatives. 

10 (2) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 

14 (4) SOUTHWEST BORDER.—The term ‘‘Southwest 

15 border’’ means the international land border between 

16 the United States and Mexico, including the ports of 

17 entry along such border. 

18 SEC. 3. SOUTHERN BORDER TECHNOLOGY NEEDS ANAL19 YSIS AND UPDATES. 

20 (a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 

21 1 year after the date of the enactment of this Act, the Sec22 retary shall submit, to the appropriate congressional com23 mittees, a technology needs analysis for border security tech24 nology along the Southwest border. 

25 (b) CONTENTS.—The analysis required under sub26 section (a) shall include an assessment of— 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 4224 RS

1 (1) the technology needs and gaps along the 

2 Southwest border— 

3 (A) to prevent terrorists and instruments of 

4 terror from entering the United States; 

5 (B) to combat and reduce cross-border 

6 criminal activity, including, but not limited 

7 to— 

8 (i) the transport of illegal goods, such 

9 as illicit drugs; and 

10 (ii) human smuggling and human 

11 trafficking; and 

12 (C) to facilitate the flow of legal trade 

13 across the Southwest border; 

14 (2) recent technological advancements in— 

15 (A) manned aircraft sensor, communica16 tion, and common operating picture technology; 

17 (B) unmanned aerial systems and related 

18 technology, including counter-unmanned aerial 

19 system technology; 

20 (C) surveillance technology, including— 

21 (i) mobile surveillance vehicles; 

22 (ii) associated electronics, including 

23 cameras, sensor technology, and radar; 

24 (iii) tower-based surveillance tech25 nology; 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 4224 RS

1 (iv) advanced unattended surveillance 

2 sensors; and 

3 (v) deployable, lighter-than-air, ground 

4 surveillance equipment; 

5 (D) nonintrusive inspection technology, in6 cluding non-X-ray devices utilizing muon tomog7 raphy and other advanced detection technology; 

8 (E) tunnel detection technology; and 

9 (F) communications equipment, includ10 ing— 

11 (i) radios; 

12 (ii) long-term evolution broadband; 

13 and 

14 (iii) miniature satellites; 

15 (3) any other technological advancements that 

16 the Secretary determines to be critical to the Depart17 ment’s mission along the Southwest border; 

18 (4) whether the use of the technological advances 

19 described in paragraphs (2) and (3) will— 

20 (A) improve border security; 

21 (B) improve the capability of the Depart22 ment to accomplish its mission along the South23 west border; 

24 (C) reduce technology gaps along the South25 west border; and 


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1 (D) enhance the safety of any officer or 

2 agent of the Department or any other Federal 

3 agency; 

4 (5) the Department’s ongoing border security 

5 technology development efforts, including efforts by— 

6 (A) U.S. Customs and Border Protection; 

7 (B) the Science and Technology Directorate; 

8 and 

9 (C) the technology assessment office of any 

10 other operational component; 

11 (6) the technology needs for improving border se12 curity, such as— 

13 (A) information technology or other com14 puter or computing systems data capture; 

15 (B) biometrics; 

16 (C) cloud storage; and 

17 (D) intelligence data sharing capabilities 

18 among agencies within the Department; 

19 (7) any other technological needs or factors, in20 cluding border security infrastructure, such as phys21 ical barriers or dual-purpose infrastructure, that the 

22 Secretary determines should be considered; and 

23 (8) currently deployed technology or new tech24 nology that would improve the Department’s abil25 ity— 


pbinns on DSKJLVW7X2PROD with BILLS
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•S 4224 RS

1 (A) to reasonably achieve operational con2 trol and situational awareness along the South3 west border; and 

4 (B) to collect metrics for securing the border 

5 at and between ports of entry, as required under 

6 subsections (b) and (c) of section 1092 of division 

7 A of the National Defense Authorization Act for 

8 Fiscal Year 2017 (6 U.S.C. 223). 

9 (c) UPDATES.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the submission of the analysis required under sub12 section (a), and biannually thereafter for the fol13 lowing 4 years, the Secretary shall submit an update 

14 to such analysis to the appropriate congressional 

15 committees. 

16 (2) CONTENTS.—Each update required under 

17 paragraph (1) shall include a plan for utilizing the 

18 resources of the Department to meet the border secu19 rity technology needs and gaps identified pursuant to 

20 subsection (b), including developing or acquiring tech21 nologies not currently in use by the Department that 

22 would allow the Department to bridge existing border 

23 technology gaps along the Southwest border. 


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•S 4224 RS

1 (d) ITEMS TO BE CONSIDERED.—In compiling the 

2 technology needs analysis and updates required under this 

3 section, the Secretary shall consider and examine— 

4 (1) technology that is deployed and is sufficient 

5 for the Department’s use along the Southwest border; 

6 (2) technology that is deployed, but is insuffi7 cient for the Department’s use along the Southwest 

8 border; and 

9 (3) technology that is not deployed, but is nec10 essary for the Department’s use along the Southwest 

11 border; 

12 (4) current formal departmental requirements 

13 documentation examining current border security 

14 threats and challenges faced by any component of the 

15 Department; 

16 (5) trends and forecasts regarding migration 

17 across the Southwest border; 

18 (6) the impact on projected staffing and deploy19 ment needs for the Department, including staffing 

20 needs that may be fulfilled through the use of tech21 nology; 

22 (7) the needs and challenges faced by employees 

23 of the Department who are deployed along the South24 west border; 


pbinns on DSKJLVW7X2PROD with BILLS
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•S 4224 RS

1 (8) the need to improve cooperation among Fed2 eral, State, tribal, local, and Mexican law enforce3 ment entities to enhance security along the Southwest 

4 border; 

5 (9) the privacy implications of existing tech6 nology and the acquisition and deployment of new 

7 technologies and supporting infrastructure, with an 

8 emphasis on how privacy risks might be mitigated 

9 through the use of technology, training, and policy; 

10 (10) the impact of any ongoing public health 

11 emergency that impacts Department operations along 

12 the Southwest border; and 

13 (11) the ability of, and the needs for, the Depart14 ment to assist with search and rescue efforts for indi15 viduals or groups that may be in physical danger or 

16 in need of medical assistance. 

17 (e) CLASSIFIED FORM.—To the extent possible, the 

18 Secretary shall submit the technology needs analysis and 

19 updates required under this section in unclassified form, 

20 but may submit such documents, or portions of such docu21 ments, in classified form if the Secretary determines that 

22 such action is appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
Calendar No. 625 

116TH CONGRESS 

2D SESSION S. 4224 

[Report No. 116–322] 

A BILL 

To require the Secretary of Homeland Security to 

gaps. der and develop a strategy for bridging such assess technology needs along the Southern borDECEMBER 14, 2020 

Reported with an amendment 


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