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Code · BILL · 115th Congress · S. 2192 (Placed on Calendar Senate) — To strengthen border security, increase resources for enforcement of immigration laws, and for other purposes. · Sec. 1127

Sec. 1127. Southern border threat analysis

865 words·~4 min read·/bill/115/s/2192/pcs/section-1127

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Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a southern border threat analysis. The analysis submitted under paragraph
(1)shall include an assessment of— current and potential terrorism and criminal threats posed by individuals and organized groups seeking— to unlawfully enter the United States through the southern border; or to exploit security vulnerabilities along the southern border; improvements needed at and between ports of entry along the southern border to prevent terrorists and instruments of terror from entering the United States; gaps in law, policy, and coordination between State, local, or tribal law enforcement, international agreements, or tribal agreements that hinder effective and efficient border security, counterterrorism, and anti-human smuggling and trafficking efforts; the current percentage of situational awareness achieved by the Department of Homeland Security along the southern border; the current percentage of operational control achieved by the Department of Homeland Security along the southern border; and traveler crossing times and any potential security vulnerability associated with prolonged wait times. In compiling the southern border threat analysis under this subsection, the Secretary shall consider and examine— the technology needs and challenges, including such needs and challenges identified as a result of previous investments that have not fully realized the security and operational benefits that were sought; the personnel needs and challenges, including such needs and challenges associated with recruitment and hiring; the infrastructure needs and challenges; the roles and authorities of State, local, and tribal law enforcement in general border security activities; the status of coordination among Federal, State, local, tribal, and Mexican law enforcement entities relating to border security; the terrain, population density, and climate along the southern border; and the international agreements between the United States and Mexico related to border security. To the extent possible, the Secretary shall submit the southern border threat analysis required under this subsection in unclassified form, but may submit a portion of the threat analysis in classified form if the Secretary determines such action is appropriate. Not later than the later of 180 days after the submission of the threat analysis required under subsection
(a)or June 30, 2018, and every 5 years thereafter, the Secretary, acting through the Chief of the U.S. Border Patrol, and in consultation with the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security, shall issue a Border Patrol Strategic Plan. The Border Patrol Strategic Plan required under this subsection shall include a consideration of— the southern border threat analysis required under subsection (a), with an emphasis on efforts to mitigate threats identified in such threat analysis; efforts to analyze and disseminate border security and border threat information between border security components of the Department of Homeland Security and other appropriate Federal departments and agencies with missions associated with the southern border; efforts to increase situational awareness, including— surveillance capabilities, including capabilities developed or utilized by the Department of Defense, and any appropriate technology determined to be excess by the Department of Defense; and the 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 detect, interdict, and disrupt aliens and illicit drugs at the earliest possible point; efforts to focus intelligence collection to disrupt transnational criminal organizations outside of the international and maritime borders of 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; any 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 determines to be necessary; operational coordination unity of effort initiatives of the border security components of the Department of Homeland Security, including any relevant task forces of the Department of Homeland Security; 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 border or the southern border; border security information received from consultation with State, local, tribal, territorial, and Federal law enforcement agencies that have jurisdiction on the northern border or the 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 border or the southern border; staffing requirements for all departmental border security functions; a prioritized list of departmental research and development objectives to enhance the security of the southern border; an assessment of training programs, including training programs for— identifying and detecting fraudulent documents; understanding the scope of enforcement authorities and the use of force policies; and screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking; and an assessment of how border security operations affect border crossing times.
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