II 

116TH CONGRESS 

2D SESSION S. 4224 

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 and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4224 IS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 and Governmental Affairs of the Senate; and 

6 (B) the Committee on Homeland Security 

7 of the House of Representatives. 

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

9 means the Department of Homeland Security. 

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

11 the Secretary of Homeland Security. 

12 (4) SOUTHWEST BORDER.—The term ‘‘South13 west border’’ means the international land border 

14 between the United States and Mexico, including the 

15 ports of entry along such border. 

16 SEC. 3. SOUTHERN BORDER TECHNOLOGY NEEDS ANAL17 YSIS AND UPDATES. 

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

19 1 year after the date of the enactment of this Act, the 

20 Secretary shall submit, to the appropriate congressional 

21 committees, a technology needs analysis for border secu22 rity technology along the Southwest border. 

23 (b) CONTENTS.—The analysis required under sub24 section (a) shall include an assessment of— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4224 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4224 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4224 IS

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 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4224 IS

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. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4224 IS

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; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4224 IS

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. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS