119-hr506

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 506 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 506

To require assessments for Foreign Terrorist Organization designations, 
authorize certain appropriations for certain fiscal years for Operation 
 Stonegarden, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 16, 2025

 Mr. Tony Gonzales of Texas (for himself, Mr. Ciscomani, Ms. Salazar, 
Ms. De La Cruz, Mr. Feenstra, Mr. Evans of Colorado, Mr. Valadao, Mrs. 
 Kim, Mr. Kean, Mr. Babin, Mr. Crenshaw, Mr. Weber of Texas, Mrs. 
 Hinson, Mr. Higgins of Louisiana, and Mr. Moylan) introduced the 
 following bill; which was referred 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 require assessments for Foreign Terrorist Organization designations, 
authorize certain appropriations for certain fiscal years for Operation 
 Stonegarden, and for other purposes.

 Be it enacted by the Senate and House of Representatives 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. FINDINGS.

 Congress finds the following:

    (1) Since FY2021, there were more than 8.72 million 
 encounters at the Southwest border.

    (2) Since FY2021, there have been roughly 2 million known 
 ``gotaways'' that have evaded United States Border Patrol.

    (3) Since FY2021, there were 395 encounters in between our 
 borders with individuals on the Terrorist Screening Dataset, 
 also known as the terrorist watchlist.

    (4) Since FY2021, 9,254 pounds of fentanyl have been seized 
 between ports of entry nationwide.

    (5) In 2023, there were 105,007 opioid deaths, with 72,776 
 deaths involving synthetic opioids like fentanyl.

    (6) Mexican cartels and transnational criminal 
 organizations have been linked to committing severe crimes 
 including homicides, rape, sexual assault, and kidnappings, and 
 significantly influence drug trafficking and human trafficking 
 across the Southwest border, organizing and profiting off these 
 illicit operations.

    (7) In 2024, U.S. Border Patrol sent out multiple alerts to 
 personnel warning of Mexican cartel members being permitted to 
 shoot at Border Patrol Agents and engage in retaliatory 
 shootings, a direct threat to homeland security.

    (8) In 2024, Homeland Security Investigations

    (HSI) sent 
 out an alert to personnel that Venezuelan gang Tren de Aragua 
 had been given the ``green light'' to fire on or attack law 
 enforcement in Colorado, a direct threat to homeland security.

    (9) State and local law enforcement continue to assume a 
 larger and critical role aiding federal law enforcement in 
 border security operations with limited, finite resources.

    (10) Federal, State, and local law enforcement need the 
 resources necessary to secure U.S. borders and protect the 
 homeland.

SEC. 3. OPERATION STONEGARDEN APPROPRIATIONS AND TRUST FUND.

    (a) Certain Appropriations.--There is authorized to be appropriated 
for each of fiscal years 2025 through 2028 $110,000,000 for the 
Operation Stonegarden grant program, and not less than $36,666,666 for 
each of fiscal years 2025 through 2028 to procure technology and 
equipment, including communications equipment, sensors, and drone 
technology.

    (b) Operation Stonegarden Trust Fund.--

    (1) Creation of trust fund.--There is established in the 
 Treasury of the United States a trust fund to be known as the 
 ``Operation Stonegarden Trust Fund'' (referred to in this 
 section as the ``Trust Fund''), consisting of amounts 
 transferred to the Trust Fund under paragraph

    (2) .

    (2) Transfers to trust fund.--The Secretary of the Treasury 
 shall transfer to the Trust Fund, from the general fund of the 
 Treasury, for fiscal year 2025 and each fiscal year thereafter 
 until 2028, an amount equivalent to the amount received into 
 the general fund during that fiscal year attributable to 
 unreported monetary instruments seized by U.S. Customs and 
 Border Protection from individuals 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 appropriation, to fund the Operation Stonegarden grant 
 program.

    (4) Limitation.--The Secretary may only expend 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 orders in 
 bearer form, endorsed without restriction, 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 orders 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.
        (B) Exception.--A monetary instrument referred to 
 in subparagraph
        (A) does not include--
            (i) checks or money orders made payable to 
 the order of a named person which have not been 
 endorsed or which bear restrictive 
 endorsements;
            (ii) warehouse receipts; or
            (iii) bills of lading.

SEC. 4. FOREIGN TERRORIST ORGANIZATION DESIGNATIONS.

    (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 committees a report on whether 
 Mexican drug cartels and criminal gangs meet the criteria for 
 designation as foreign terrorist organizations.

    (2) Mexican drug cartels described.--The Mexican drug 
 cartels and criminal gangs described in this paragraph are each 
 of the following:
        (A) Jalisco New Generation Cartel.
        (B) Sinaloa Cartel.
            (C) Juarez Cartel.
            (D) Tijuana Cartel.
        (E) Gulf Cartel.
        (F) Los Zetas.

    (3) Criminal gangs described.--The criminal gangs described 
 in this paragraph refer to the Tren De Aragua.

    (b) 

=== Definitions. ===
-In this section:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' 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 meaning 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 ANALYSIS 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 committees, a technology needs analysis for 
border security technology along the Southwest border.

    (b) Contents.--The analysis required under subsection

    (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, communication, 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;
            (ii) associated electronics, including 
 cameras, sensor technology, and radar;
            (iii) tower-based surveillance technology;
            (iv) advanced unattended surveillance 
 sensors; and
            (v) deployable, lighter-than-air, ground 
 surveillance equipment;
            (D) nonintrusive inspection technology, including 
 non-x ray devices utilizing muon tomography and other 
 advanced detection technology;
        (E) tunnel detection technology; and
        (F) communications equipment, including--
            (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 Department's mission along the 
 Southwest border;

    (4) whether the use of the technological advances described 
 in paragraphs

    (2) and

    (3) will--
        (A) improve border security;
        (B) improve the capability of the Department to 
 accomplish its mission along the Southwest 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 Directorate; 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 computer or 
 computing systems data capture;
        (B) biometrics;
            (C) cloud storage; and
            (D) intelligence data sharing capabilities among 
 agencies within the Department;

    (7) any other technological needs or factors, including 
 border security infrastructure, such as physical barriers or 
 dual-purpose infrastructure, that the Secretary determines 
 should be considered; and

    (8) currently deployed technology or new technology that 
 would improve the Department's ability--
        (A) to reasonably achieve operational control and 
 situational awareness along the Southwest border; and
        (B) to collect metrics for securing the border at 
 and between ports of entry, as required under 
 subsections

    (b) and
            (c) of 

section 1092 of division A 
 of the National Defense Authorization 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 subsection

    (a) , and 
 biannually thereafter for the following 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 security 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 border;

    (2) technology that is deployed, but is insufficient for 
 the Department's use along the Southwest border;

    (3) technology that is not deployed, but is necessary 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 deployment needs 
 for the Department, including staffing needs that may be 
 fulfilled through the use of technology;

    (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 enforcement entities to enhance 
 security along the Southwest border;

    (9) the privacy implications of existing technology 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 Department 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 required under this section in 
unclassified form, but may submit such documents, or portions of such 
documents, in classified form if the Secretary determines that such 
action is appropriate.

    (f) 

=== Definitions. ===
-In this section:

    (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' 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 ``Southwest border'' means 
 the international land border between the United States and 
 Mexico, including the ports of entry along such border.

SEC. 6. REPORT RELATING TO HIRING PRACTICES OF THE DEPARTMENT FROM 2018 
 TO 2024.

 Not later than 120 days after the date of enactment of this Act, 
the Secretary shall submit to the appropriate congressional committees 
a report relating the hiring practices of the Department that 
includes--

    (1) information relating to the recruitment practices of 
 the Department from 2018 to 2024; and

    (2) recommendations with respect to improving the 
 operational capacity of the Department workforce.
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