bseoima §5 (2013): COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND SOUTHERN BORDER FENCING STRATEGY

COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY.—

IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary , in consultation with the Attorney General and the Secretary of Defense shall submit a strategy, to be known as the Comprehensive Southern Border Security Strategy, for achieving and maintaining effective control between and at the ports of entry in all border sectors along the Southern border, to—

A.: the Committee on Homeland Security and Governmental Affairs of the Senate;
B.: the Committee on Homeland Security of the House of Representatives;
C.: the Committee on Appropriations of the Senate;
D.: the Committee on Appropriations of the House of Representatives;
[Grassley2]
E.: the Committee on the Judiciary of the Senate;
F.: the Committee on the Judiciary of the House of Representatives; and
[end]
G.: the Committee on Armed Services of the Senate;
H.: the Committee on Armed Services of the House of Representatives; and
I.: the Comptroller General of the United States.

2.

ELEMENTS.—The Comprehensive Southern Border Security Strategy shall specify—

A.

the priorities that must be met for the strategy to be successfully executed; and

B.

the capabilities required to meet each of the priorities referred to in subparagraph (A), including—

i.: surveillance and detection capabilities developed or used by the various Departments and Agencies for the Federal government for the purposes of enhancing the functioning and operational capability to conduct continuous and integrated manned or unmanned, monitoring, sensing, or surveillance of 100 percent of Southern border mileage or the immediate vicinity of the Southern border;
ii.: the requirement for stationing sufficient Border Patrol agents and Customs and Border Protection officers between and at ports of entry along the Southern border; and
iii.: the necessary and qualified staff and equipment to fully utilize available un armed, unmanned aerial systems and unarmed, fixed wing aircraft.

3.

MINIMUM REQUIREMENTS.—The Comprehensive Southern Border Security Strategy shall require, at a minimum, the deployment of the following technologies for each Border Patrol sector along the Southern Border:

A.

ARIZONA (YUMA AND TUCSON SECTORS).—For Arizona (Yuma and Tucson Sectors) between ports of entry the following:

i.: 50 integrated fixed towers.
ii.: 73 fixed camera systems (with relocation capability), which include Remote Video Surveillance Systems. (iii) 28 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
iv.: 685 unattended ground sensors, including seismic, imaging, and infrared.
v.: 22 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.

B.

SAN DIEGO, CALIFORNIA.—For San Diego, California the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 3 integrated fixed towers.
II.: 41 fixed camera systems (with relocation capability), which include Remote Video Surveillance Systems.
III.: 14 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
IV.: 393 unattended ground sensors, including seismic, imaging, and infrared.
V.: 83 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 2 non-intrusive inspection systems, including fixed and mobile.
II.: 1 radiation portal monitor.
III.: 1 littoral detection and classification network

C.

EL CENTRO, CALIFORNIA.—For El Centro, California the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 66 fixed camera systems (with relocation capability), which include Remote Video Surveillance Systems.
II.: 18 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
III.: 85 unattended ground sensors, including seismic, imaging, and infrared.
IV.: 57 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
V.: 2 sensor repeaters.
VI.: 2 communications repeaters.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 5 fiber-optic tank inspection scopes.
II.: 1 license plate reader.
III.: 1 backscatter.
IV.: 2 portable contraband detectors.
V.: 2 radiation isotope identification devices.
VI.: 8 radiation isotope identification devices updates.
VII.: 3 personal radiation detectors.
VIII.: 16 mobile automated targeting systems.

D.

EL PASO, TEXAS.—For El Paso, Texas the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 27 integrated fixed towers.
II.: 71 fixed camera systems (with relocation capability), which include Remote Video Surveillance Systems.
III.: 31 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
IV.: 170 unattended ground sensors, including seismic, imaging, and infrared.
V.: 24 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
VI.: 1 communications repeater.
VII.: 1 sensor repeater.
VIII.: 2 camera refresh.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 4 non-intrusive inspection systems, including fixed and mobile.
II.: 23 fiber-optic tank inspection scopes.
III.: 1 portable contraband detectors.
IV.: 19 radiation isotope identification devices updates.
V.: 1 real time radioscopy version 4.
VI.: 8 personal radiation detectors.

E.

BIG BEND, TEXAS.—For Big Bend, Texas the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 7 fixed camera systems (with relocation capability), which include remote video surveillance systems.
II.: 29 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
III.: 1105 unattended ground sensors, including seismic, imaging, and infrared.
IV.: 131 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
V.: 1 mid-range camera refresh.
VI.: 1 improved surveillance capabilities for existing aerostat.
VII.: 27 sensor repeaters.
VIII.: 27 communications repeaters.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 7 fiber-optic tank inspection scopes.
II.: 3 license plate readers, including mobile, tactical, and fixed.
III.: 12 portable contraband detectors.
IV.: 7 radiation isotope identification devices.
V.: 12 radiation isotope identification devices updates.
VI.: 254 personal radiation detectors.
VII.: 19 mobile automated targeting systems.

F.

DEL RIO, TEXAS.—For Del Rio, Texas the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 3 integrated fixed towers.
II.: 74 fixed camera systems (with relocation capability), which include remote video surveillance systems.
III.: 47 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
IV.: 868 unattended ground sensors, including seismic, imaging, and infrared.
V.: 174 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
VI.: 26 mobile/handheld inspection scopes and sensors for checkpoints.
VII.: 1 improved surveillance capabilities for existing aerostat.
VIII.: 21 sensor repeaters.
IX.: 21 communications repeaters.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 4 license plate readers, including mobile, tactical, and fixed.
II.: 13 radiation isotope identification devices updates.
III.: 3 mobile automated targeting systems.
IV.: 6 land automated targeting systems.

G.

LAREDO, TEXAS.—For Laredo, Texas the following:

i.

BETWEEN THE PORTS OF ENTRY.—Between ports of entry the following:

I.: 2 integrated fixed towers.
II.: 69 fixed camera systems (with relocation capability), which include remote video surveillance systems.
III.: 38 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
IV.: 573 unattended ground sensors, including seismic, imaging, and infrared.
V.: 124 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
VI.: 38 sensor repeaters.
VII.: 38 communications repeaters.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 1 non-intrusive inspection system.
II.: 7 fiber-optic tank inspection scopes.
III.: 19 license plate readers, including mobile, tactical, and fixed.
IV.: 2 backscatter.
V.: 14 portable contraband detectors.
VI.: 2 radiation isotope identification devices.
VII.: 18 radiation isotope identification devices updates.
VIII.: 16 personal radiation detectors.
IX.: 24 mobile automated targeting systems.

X.

3 land automated targeting systems.

H.

RIO GRANDE VALLEY.—For Rio Grande Valley the following:

i.

BETWEEN PORTS OF ENTRY.—Between ports of entry the following:

I.: 1 integrated fixed towers.
II.: 87 fixed camera systems (with relocation capability), which include remote video surveillance systems.
III.: 27 mobile surveillance systems, which include mobile video surveillance systems, agent-portable surveillance systems, and mobile surveillance capability systems.
IV.: 716 unattended ground sensors, including seismic, imaging, and infrared.
V.: 205 handheld equipment devices, including handheld thermal imaging systems and night vision goggles.
VI.: 4 sensor repeaters.
VII.: 1 communications repeater.
VIII.: 2 camera refresh.

ii.

AT POINTS OF ENTRY, CHECKPOINTS.—At points of entry, checkpoints the following:

I.: 1 mobile non-intrusive inspection system.
II.: 11 fiberoptic tank inspection scopes.
III.: 1 license plate reader.
IV.: 2 backscatter.
V.: 2 card reader system.
VI.: 8 portable contraband detectors.
VII.: 5 radiation isotope identification devices.
VIII.: 18 radiation isotope identification devices updates.
IX.: 135 personal radiation detectors.

iii.

AIR AND MARINE ACROSS THE SOUTHWEST BORDER.—For air and marine across the Southwest border the following:

I.: 4 unmanned aircraft systems.
II.: 6 VADER radar systems.
III.: 17 UH-1N helicopters.
IV.: 8 C-206H aircraft upgrades.
V.: 8 AS-350 light enforcement helicopters.
VI.: 10 Blackhawk helicopter 10 A-L conversions, 5 new Blackhawk M Model.
VII.: 30 marine vessels.

4.

REDEPLOYMENT OF RESOURCES TO ACHIEVE EFFECTIVE CONTROL.—The Secretary may reallocate the personnel, infrastructure, and technologies required in the Southern Border Security Strategy to achieve effective control of the Southern border.

5.

ALTERNATE TECHNOLOGY.—If the Secretary determines that an alternate or new technology is at least as effective as the technologies described in paragraph (3) and provides a commensurate level of security, the Secretary may deploy that technology in its place and without regard to the minimums in this section. The Secretary shall notify Congress within 60 days of any such determination.

6.

ANNUAL REPORT.—Beginning 1 year after the enactment of this Act, and annually thereafter, the Secretary shall provide to Congress a written report to Congress on the sector-by-sector deployment of infrastructure and technologies.

7.

ADDITIONAL ELEMENTS REGARDING EXECUTION.—The Comprehensive Southern Border Security Strategy shall describe—

A.: how the resources referred to in paragraph (2)(C) will be properly aligned with the priorities referred to in paragraph (2)(A) to ensure that the strategy will be successfully executed;
B.: the interim goals that must be accomplished to successfully implement the strategy; and
C.: the schedule and supporting milestones under which the Department will accomplish the interim goals referred to in subparagraph (B).

4.

IMPLEMENTATION.—

A.

IN GENERAL.—The Secretary shall commence the implementation of the Comprehensive Southern Border Security Strategy immediately after submitting the strategy under paragraph (1).

B.

NOTICE OF COMMENCEMENT.—Upon commencing the implementation of the strategy, the Secretary shall submit a notice of commencement of such implementation to—

i.: Congress; and
ii.: the Comptroller General of the United States.

5.

SEMIANNUAL REPORTS.—

A.

[Flake2] (A) IN GENERAL.—Not later than 180 days after the Comprehensive Southern Border Security Strategy is submitted under paragraph (1), and every 180 days thereafter, the Secretary shall submit a report on the status of the Department’s implementation of the strategy to—

i.: the Committee on Homeland Security and Governmental Affairs of the Senate;
ii.: the Committee on Homeland Security of the House of Representatives;
iii.: the Committee on Appropriations of the Senate;
iv.: the Committee on Appropriations of the House of Representatives;
[Grassley2]
v.: the Committee on the Judiciary of the Senate;
vi.: the Committee on the Judiciary of the House of Representatives; and
[end]
vii.: [Flake2] the Comptroller General of the United States.

B.

ELEMENTS.—Each report submitted under subparagraph (A) shall include—

i.

a detailed description of the steps the Department has taken, or plans to take, to execute the strategy submitted under paragraph (1), including the progress made toward achieving the interim goals and milestone schedule established pursuant to subparagraphs (B) and (C) of paragraph (3);

ii.

a detailed description of—

I.: any impediments identified in the Department’s efforts to execute the strategy;
II.: the actions the Department has taken, or plans to take, to address such impediments; and
III.: any additional measures developed by the Department to measure the state of security along the Southern border; and

iii.

for each Border Patrol sector along the Southern border—

I.: the effectiveness rate for each individual Border Patrol sector and the aggregated effectiveness rate;
II.: the number of recidivist apprehensions, sorted by Border Patrol sector; and
III.: the recidivism rate for all unique subjects that received a criminal consequence through the Consequence Delivery System process.

C.

[Flake2] ANNUAL REVIEW.—The Comptroller General of the United States shall conduct an annual review of the information contained in the semiannual reports submitted by the Secretary under this paragraph and submit an assessment of the status and progress of the Southern Border Security Strategy to the committees set forth in subparagraph (A).

b.

SOUTHERN BORDER FENCING STRATEGY.—

1.

[Leahy4] ESTABLISHMENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the Southern Border Fencing Strategy, to identify where 700 miles of fencing (including double-layer fencing), infrastructure, and technology, including at ports of entry, should be deployed along the Southern border.

2.

SUBMISSION.—The Secretary shall submit the Southern Border Fencing Strategy to Congress and the Comptroller General of the United States for review.

3.

NOTICE OF COMMENCEMENT.—Upon commencing the implementation of the Southern Border Fencing Strategy, the Secretary shall submit a notice of commencement of the implementation of the Strategy to Congress and the Comptroller General of the United States.

[Leahy4]

4.

CONSULTATION.—

A.

IN GENERAL.— In implementing the Southern Border Fencing Strategy required by this subsection, the Secretary shall consult with the Secretary of the Interior, the Secretary of Agriculture, States, local governments, Indian tribes, 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 the sites at which such fencing is to be constructed.

B.

SAVINGS PROVISION.— Nothing in this paragraph may be construed to—

i.: create or negate any right of action for a State or local government or other person or entity affected by this subsection; or
ii.: affect the eminent domain laws of the United States or of any State.

5.

LIMITATION ON REQUIREMENTS.— Notwithstanding paragraph (1), 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.

[end]

§ 5 : COMPREHENSIVE SOUTHERN BORDER SECURITY STRATEGY AND SOUTHERN BORDER FENCING STRATEGY