I 
117TH CONGRESS 
1ST SESSION 
H. R. 812 
To authorize certain appropriations for certain fiscal years for Operation 
Stonegarden, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2021 
Mr. TONY GONZALES of Texas introduced the following bill; which was re-
ferred to the Committee on Homeland Security, and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To authorize certain appropriations for certain fiscal years 
for Operation Stonegarden, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Security First Act’’. 
SEC. 2. OPERATION STONEGARDEN APPROPRIATIONS AND 
TRUST FUND. 
(a) CERTAIN APPROPRIATIONS.—There is authorized 
to be appropriated for each of fiscal years 2022 through 
2025 $180,000,000 for the Operation Stonegarden grant 
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program, and not less than $60,000,000 for each of fiscal 
years 2022 through 2025 to procure technology and equip-
ment, including communications equipment, sensors, and 
drone technology. 
(b) OPERATION STONEGARDEN TRUST FUND.— 
(1) CREATION OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a 
trust fund to be known as the ‘‘Operation 
Stonegarden Trust Fund’’ (referred to in this sec-
tion as the ‘‘Trust Fund’’), consisting of amounts 
transferred to the Trust Fund under paragraph (2). 
(2) TRANSFERS
TO
TRUST
FUND.—The Sec-
retary of the Treasury shall transfer to the Trust 
Fund, from the general fund of the Treasury, for 
fiscal year 2022 and each fiscal year thereafter until 
2025, an amount equivalent to the amount received 
into the general fund during that fiscal year attrib-
utable to unreported monetary instruments seized by 
U.S. Customs and Border Protection from individ-
uals crossing the United States and Mexico border. 
(3) USE
OF
TRUST
FUND.—Amounts in the 
Trust Fund shall be made available to the Secretary 
of Homeland Security, without further appropria-
tion, to fund the Operation Stonegarden grant pro-
gram. 
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(4) LIMITATION.—The Secretary may only ex-
pend funds made available from the Trust Fund to 
carry out the activity described in paragraph (3). 
(5) MONETARY INSTRUMENT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), a monetary instrument 
means— 
(i) coin or currency of the United 
States or of any other country; 
(ii) traveler’s checks in any form; 
(iii) negotiable instruments, including 
checks, promissory notes, and money or-
ders in bearer form, endorsed without re-
striction, made out to a fictitious payee, or 
otherwise in such form that title thereto 
passes upon delivery; 
(iv) incomplete instruments, including 
checks, promissory notes, and money or-
ders that are signed but on which the 
name of the payee has been omitted; and 
(v) securities or stock in bearer form 
or otherwise in such form that title thereto 
passes upon delivery. 
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(B) EXCEPTION.—A monetary instrument 
referred to in subparagraph (A) does not in-
clude— 
(i) checks or money orders made pay-
able to the order of a named person which 
have not been endorsed or which bear re-
strictive endorsements; 
(ii) warehouse receipts; or 
(iii) bills of lading. 
SEC. 3. REPORT RELATING TO HIRING PRACTICES OF THE 
DEPARTMENT FROM 2016 TO 2020. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the appropriate congressional committees a report relat-
ing to the hiring practices of the Department that in-
cludes— 
(1) information relating to the recruiting prac-
tices of the Department from 2017 to 2020; and 
(2) recommendations with respect to improving 
the operational capacity of the Department work-
force. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committee on Homeland Security 
and the Committee on Appropriations of the 
House of Representatives; and 
(B) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Appropriations of the Senate. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
SEC. 4. DESIGNATION OF MEXICAN DRUG CARTELS AS TER-
RORIST ORGANIZATIONS. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary 
shall submit to the appropriate congressional com-
mittees a report on whether Mexican drug cartels 
meet the criteria for designation as foreign terrorist 
organizations. 
(2) MEXICAN DRUG CARTELS DESCRIBED.—The 
Mexican drug cartels described in this paragraph are 
each of the following: 
(A) Jalisco New Generation Cartel. 
(B) Sinaloa Cartel. 
(C) Juarez Cartel. 
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(D) Tijuana Cartel. 
(E) Gulf Cartel. 
(F) Los Zetas. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Homeland Security of the 
House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(2) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ has the mean-
ing given the term in section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
SEC. 5. SOUTHERN BORDER TECHNOLOGY NEEDS ANAL-
YSIS AND UPDATES. 
(a) TECHNOLOGY NEEDS ANALYSIS.—Not later than 
1 year after the date of the enactment of this Act, the 
Secretary shall submit, to the appropriate congressional 
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committees, a technology needs analysis for border secu-
rity technology along the Southwest border. 
(b) CONTENTS.—The analysis required under sub-
section (a) shall include an assessment of— 
(1) the technology needs and gaps along the 
Southwest border— 
(A) to prevent terrorists and instruments 
of terror from entering the United States; 
(B) to combat and reduce cross-border 
criminal activity, including, but not limited to— 
(i) the transport of illegal goods, such 
as illicit drugs; and 
(ii) human smuggling and human 
trafficking; and 
(C) to facilitate the flow of legal trade 
across the Southwest border; 
(2) recent technological advancements in— 
(A) manned aircraft sensor, communica-
tion, and common operating picture technology; 
(B) unmanned aerial systems and related 
technology, including counter-unmanned aerial 
system technology; 
(C) surveillance technology, including— 
(i) mobile surveillance vehicles; 
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(ii) associated electronics, including 
cameras, sensor technology, and radar; 
(iii) tower-based surveillance tech-
nology; 
(iv) advanced unattended surveillance 
sensors; and 
(v) 
deployable, 
lighter-than-air, 
ground surveillance equipment; 
(D) nonintrusive inspection technology, in-
cluding non-X-ray devices utilizing muon to-
mography and other advanced detection tech-
nology; 
(E) tunnel detection technology; and 
(F) communications equipment, includ-
ing— 
(i) radios; 
(ii) long-term evolution broadband; 
and 
(iii) miniature satellites; 
(3) any other technological advancements that 
the Secretary determines to be critical to the De-
partment’s mission along the Southwest border; 
(4) whether the use of the technological ad-
vances described in paragraphs (2) and (3) will— 
(A) improve border security; 
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(B) improve the capability of the Depart-
ment to accomplish its mission along the South-
west border; 
(C) reduce technology gaps along the 
Southwest border; and 
(D) enhance the safety of any officer or 
agent of the Department or any other Federal 
agency; 
(5) the Department’s ongoing border security 
technology development efforts, including efforts 
by— 
(A) U.S. Customs and Border Protection; 
(B) the Science and Technology Direc-
torate; and 
(C) the technology assessment office of any 
other operational component; 
(6) the technology needs for improving border 
security, such as— 
(A) information technology or other com-
puter or computing systems data capture; 
(B) biometrics; 
(C) cloud storage; and 
(D) intelligence data sharing capabilities 
among agencies within the Department; 
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(7) any other technological needs or factors, in-
cluding border security infrastructure, such as phys-
ical barriers or dual-purpose infrastructure, that the 
Secretary determines should be considered; and 
(8) currently deployed technology or new tech-
nology that would improve the Department’s abil-
ity— 
(A) to reasonably achieve operational con-
trol and situational awareness along the South-
west border; and 
(B) to collect metrics for securing the bor-
der at and between ports of entry, as required 
under subsections (b) and (c) of section 1092 of 
division A of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (6 U.S.C. 223). 
(c) UPDATES.— 
(1) IN GENERAL.—Not later than 2 years after 
the submission of the analysis required under sub-
section (a), and biannually thereafter for the fol-
lowing 4 years, the Secretary shall submit an update 
to such analysis to the appropriate congressional 
committees. 
(2) CONTENTS.—Each update required under 
paragraph (1) shall include a plan for utilizing the 
resources of the Department to meet the border se-
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curity technology needs and gaps identified pursuant 
to subsection (b), including developing or acquiring 
technologies not currently in use by the Department 
that would allow the Department to bridge existing 
border technology gaps along the Southwest border. 
(d) ITEMS TO BE CONSIDERED.—In compiling the 
technology needs analysis and updates required under this 
section, the Secretary shall consider and examine— 
(1) technology that is deployed and is sufficient 
for the Department’s use along the Southwest bor-
der; 
(2) technology that is deployed, but is insuffi-
cient for the Department’s use along the Southwest 
border; 
(3) technology that is not deployed, but is nec-
essary for the Department’s use along the Southwest 
border; 
(4) current formal departmental requirements 
documentation examining current border security 
threats and challenges faced by any component of 
the Department; 
(5) trends and forecasts regarding migration 
across the Southwest border; 
(6) the impact on projected staffing and deploy-
ment needs for the Department, including staffing 
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needs that may be fulfilled through the use of tech-
nology; 
(7) the needs and challenges faced by employees 
of the Department who are deployed along the 
Southwest border; 
(8) the need to improve cooperation among 
Federal, State, Tribal, local, and Mexican law en-
forcement entities to enhance security along the 
Southwest border; 
(9) the privacy implications of existing tech-
nology and the acquisition and deployment of new 
technologies and supporting infrastructure, with an 
emphasis on how privacy risks might be mitigated 
through the use of technology, training, and policy; 
(10) the impact of any ongoing public health 
emergency that impacts Department operations 
along the Southwest border; and 
(11) the ability of, and the needs for, the De-
partment to assist with search and rescue efforts for 
individuals or groups that may be in physical danger 
or in need of medical assistance. 
(e) FORM.—To the extent possible, the Secretary 
shall submit the technology needs analysis and updates re-
quired under this section in unclassified form, but may 
submit such documents, or portions of such documents, 
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in classified form if the Secretary determines that such 
action is appropriate. 
(f) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; and 
(B) the Committee on Homeland Security 
of the House of Representatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(4) SOUTHWEST BORDER.—The term ‘‘South-
west border’’ means the international land border 
between the United States and Mexico, including the 
ports of entry along such border. 
Æ 
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