Sec. 6. Border Security Results Strategy
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Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a comprehensive strategy for gaining and maintaining situational awareness, and operational control of high traffic areas, by the date that is not later than two years after the date of the submission of the implementation plan required under subsection (c), and operational control along the southwest border of the United States by the date that is not later than five years after such date of submission. The strategy required under subsection
(a)shall include, at a minimum, a consideration of the following: An assessment of principal border security threats, including threats relating to the smuggling and trafficking of humans, weapons, and illicit drugs. 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. Efforts to increase situational awareness, in accordance with privacy, civil liberties, and civil rights protections, including— surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense; and use of manned aircraft and unmanned aerial systems, including camera and sensor technology deployed on such assets. Efforts to detect and prevent terrorists and instruments of terrorism from entering the United States. Efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department of Homeland Security. An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. 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. Operational coordination of Department of Homeland Security border security components. Lessons learned from Operation Jumpstart and Operation Phalanx. Cooperative agreements and information sharing with State, local, tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the northern or southern borders, or in the maritime environment. Border security information received from consultation with State, local, tribal, 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. Agreements with foreign governments that support the border security efforts of the United States, including coordinated installation of standardized land border inspection technology, such as license plate readers and RFID readers. Staffing requirements for all border security functions. A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. An assessment of training programs, including training programs regarding— identifying and detecting fraudulent documents; protecting the civil, constitutional, human, and privacy rights of individuals; understanding the scope of enforcement authorities and the use of force policies; screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking; and social and cultural sensitivity toward border communities. Local crime indices of municipalities and counties along the Southern border. An assessment of how border security operations affect crossing times. Metrics required under paragraphs (1), (2), and
(3)of section 4(c). Not later than 90 days after the submission of the strategy required under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees and the Government Accountability Office an implementation plan for each of the Department of Homeland Security border security components to carry out such strategy. Such implementation plan shall, at a minimum— specify what protections will be put in place to ensure that staffing and resources necessary for the maintenance of operations at ports of entry are not diverted to the detriment of such operations in favor of operations between ports of entry; include— an integrated master schedule and cost estimate, including lifecycle costs, for the activities contained in such implementation plan; and a comprehensive border security technology plan to improve surveillance capabilities that includes— a documented justification and rationale for technology choices; deployment locations; fixed versus mobile assets; a timetable for procurement and deployment; estimates of operation and maintenance costs; an identification of any impediments to the deployment of such technologies; and estimates of the relative cost effectiveness of various border security strategies and operations, including deployment of personnel and technology, and construction of new physical and virtual barriers; and require consultation with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near implementation sites. Not later than 90 days after receiving the implementation plan in accordance with paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report on such plan. Nothing in paragraph
(1)may be construed to— create or negate any right of action for a State or local government or other person or entity affected by that paragraph; or affect the eminent domain laws of the United States or of any State. Notwithstanding paragraph (1)(B)(ii)(VII) of this subsection, nothing in this subsection shall require the Secretary to install fencing, or infrastructure that directly results from the installation of such fencing, in a particular location along the Southern border, if the Secretary determines that the use or placement of such resources is not the most appropriate means to achieve and maintain effective control over the Southern border at such location. Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) beginning with the first such Review that is due after the implementation plan is submitted under subsection (c), the Secretary of Homeland Security shall submit to the appropriate congressional committees an updated— strategy under subsection (a); and implementation plan under subsection (c). Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on the following: A resource allocation model for current and future year staffing requirements that includes optimal staffing levels at all land, air, and sea ports of entry, and an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities and their effects on cross border trade and passenger travel across all mission areas. Detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural specialists assigned to each such port of entry. Detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry. Detailed information that examines both the security impacts and competitive impacts of entering into a reimbursement agreement with foreign governments for U.S. Customs and Border Protection preclearance facilities. The terms in this section have the meanings given those terms in section 4.
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Sec. 6
Border Security Results Strategy
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