[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5869 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5869


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 5, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
  To require the Secretary of Homeland Security to conduct a maritime 
            border threat analysis, 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 ``Maritime Border Security Review 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security of the House 
                of Representatives;
                    (B) the Committee on Transportation and 
                Infrastructure of the House of Representatives;
                    (C) the Committee on Homeland Security and 
                Government Affairs of the Senate; and
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) Maritime border.--The term ``maritime border'' means--
                    (A) the transit zone; and
                    (B) the borders and territorial waters of Puerto 
                Rico and the United States Virgin Islands.
            (3) Transit zone.--The term ``transit zone'' has the 
        meaning given such term in section 1092(a)(8) of the National 
        Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 
        223(a)(8)).

SEC. 3. MARITIME BORDER THREAT ANALYSIS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the appropriate congressional committees a maritime border threat 
analysis that includes an identification and description of the 
following:
            (1) Current and potential terrorism and criminal threats 
        posed by individuals and groups seeking to--
                    (A) enter the United States through the maritime 
                border; or
                    (B) exploit border vulnerabilities on the maritime 
                border.
            (2) Improvements needed at United States sea ports to--
                    (A) prevent terrorists and instruments of terror 
                from entering the United States; and
                    (B) reduce criminal activity, as measured by the 
                total flow of illegal goods and illicit drugs, related 
                to the maritime border.
            (3) Improvements needed with respect to the maritime border 
        to--
                    (A) prevent terrorists and instruments of terror 
                from entering the United States; and
                    (B) reduce criminal activity related to the 
                maritime border.
            (4) Vulnerabilities in law, policy, cooperation between 
        State, territorial, and local law enforcement, or international 
        agreements that hinder effective and efficient border security, 
        counterterrorism, anti-human trafficking efforts, and the flow 
        of legitimate trade with respect to the maritime border.
            (5) Metrics and performance parameters used by the 
        Department of Homeland Security to evaluate maritime security 
        effectiveness, as appropriate.
    (b) Analysis Requirements.--In preparing the threat analysis 
required under subsection (a), the Secretary of Homeland Security shall 
consider and examine the following:
            (1) Technology needs and challenges.
            (2) Personnel needs and challenges.
            (3) The role of State, territorial, and local law 
        enforcement in general border security activities.
            (4) The need for cooperation among Federal, State, 
        territorial, local, and appropriate international law 
        enforcement entities relating to border security.
            (5) The geographic challenges of the maritime border.
            (6) The impact and consequences of Hurricanes Harvey, Irma, 
        Maria, and Nate on general border security activities with 
        respect to the maritime border.
    (c) Classified Threat Analysis.--To the extent possible, the 
Secretary of Homeland Security shall submit the threat analysis 
required under subsection (a) in unclassified form. The Secretary may 
submit a portion of the threat analysis in classified form if the 
Secretary determines that such form is appropriate for such portion.

            Passed the House of Representatives September 4, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.