[House Report 115-918]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-918
======================================================================
MARITIME BORDER SECURITY REVIEW ACT
_______
September 4, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 5869]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 5869) to require the Secretary of Homeland
Security to conduct a maritime border threat analysis, and for
other purposes, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation............................. 3
Hearings........................................................ 3
Committee Consideration......................................... 4
Committee Votes................................................. 4
Committee Oversight Findings.................................... 4
New Budget Authority, Entitlement Authority, and Tax
Expenditures................................................... 4
Congressional Budget Office Estimate............................ 4
Statement of General Performance Goals and Objectives........... 5
Duplicative Federal Programs.................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 6
Federal Mandates Statement...................................... 6
Preemption Clarification........................................ 6
Disclosure of Directed Rule Makings............................. 6
Advisory Committee Statement.................................... 6
Applicability to Legislative Branch............................. 6
Section-by-Section Analysis of the Legislation.................. 6
Changes in Existing Law Made by the Bill, as Reported........... 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE AND SUMMARY
The purpose of H.R. 5869 is to require the Secretary of
Homeland Security to conduct a threat analysis of the United
States maritime border.
BACKGROUND AND NEED FOR LEGISLATION
The Committee believes it is important for the Department
of Homeland Security to conduct a threat analysis of the United
States maritime border. As the United States confronts the
threats posed by terrorist, criminal, and drug trafficking
organizations seeking to exploit our borders, the Committee
believes it is imperative to not forget about the unique
challenges on our maritime border.
The Maritime Border Security Review Act defines ``maritime
border'' as the borders and territorial waters of Puerto Rico
and the United States Virgin Islands, as well as the Transit
Zone, a seven million square-mile area that includes the sea
corridors of the western Atlantic Ocean, the Caribbean Sea, the
Gulf of Mexico, and the eastern Pacific Ocean. The United
States Coast Guard has primary jurisdiction over patrolling the
maritime border, conducting counter-drug and migrant
interdiction operations, as well as search and rescue missions.
The region has long been exploited as both a destination
and a transshipment point for illicit drugs heading ``customs
free'' to the continental United States, endangering the lives
of Americans in the two territories and the mainland.
The destruction caused by hurricanes Harvey, Irma, Maria,
and Nate during the 2017 hurricane season has only exasperated
the problem, diminishing local law enforcement operational
capabilities and resources available to combat these threats.
This combined with increased interdiction efforts at the
Southwest Border has led to a shift in some smuggling traffic
to the United States maritime border.
HEARINGS
The Committee did not hold any hearing specifically on H.R.
5869, but the full committee and Subcommittee on Border and
Maritime Security held hearings relevant to the bill.
On July 7, 2016, the Subcommittee on Border and Maritime
Security held a hearing entitled ``An Examination of the
Maritime Nuclear Smuggling Threat and Other Port Security and
Smuggling Risks in the U.S.'' The Subcommittee received
testimony from Rear Admiral Linda L. Fagan, Deputy Commandant
for Operations, Policy, and Capabilities, U.S. Coast Guard; Dr.
Wayne Brasure, Acting Director, Domestic Nuclear Detection
Office; Mr. Todd C. Owen, Executive Assistant Commissioner,
Office of Field Operations, U.S. Customs and Border Protection;
Ms. Anne Harrington, Deputy Administrator, Defense Nuclear
Nonproliferation, National Nuclear Security Administration; Ms.
Jennifer Grover, Director, Homeland Security and Justice
Issues, U.S. Government Accountability Office; Dr. Gregory H.
Canavan, Senior Fellow, Los Alamos National Laboratories; Mr.
David A. Espie, Director of Security, Maryland Port
Administration, Port of Baltimore; Mr. James H.I. Weakley,
President, Lake Carriers' Association.
On February 16, 2017, the Subcommittee on Border and
Maritime Security held a hearing entitled ``A Dangerous and
Sophisticated Adversary: The Threat To The Homeland Posed By
Cartel Operations.'' The Committee received testimony from Vice
Admiral Charles Ray, Deputy Commandant for Operations, U.S.
Coast Guard; Chief Paul Beeson, Commander, Joint Task Force--
West, Arizona; Mr. Matt Allen, Assistant Director for HSI
Investigative Programs, Homeland Security Investigations; Mr.
Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau
of International Narcotics and Law Enforcement Affairs.
On October 30, 2017, the full committee held a hearing
entitled ``Examining Physical Security and Cybersecurity at Our
Nation's Ports.'' The Committee received testimony from Rear
Admiral Todd A. Sokalzuk, Commander, Eleventh Coast Guard
District, U.S. Coast Guard; Mr. Carlos C. Martel, Director of
Field Operations, Los Angeles Field Office, U.S. Customs and
Border Protection; Mr. Eugene D. Seroka, Executive Director,
The Port of Los Angeles; Mr. Mario Cordero, Executive Director,
The Port of Long Beach; Mr. Ray Familathe, International Vice-
President, International Longshore and Warehouse Union.
COMMITTEE CONSIDERATION
The Committee met on July 24, 2018, to consider H.R. 5869,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An amendment offered by Ms. Jackson Lee (#1); was AGREED TO, by
unanimous consent.
Page 4, beginning line 4, insert the following: (5) Metrics
and performance parameters used by the Department of Homeland
Security to evaluate maritime security effectiveness, as
appropriate.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 5869.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5869, the Maritime Border Security Review Act, would result in
no new or increased budget authority, entitlement authority, or
tax expenditures or revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 20, 2018.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5869, the Maritime
Border Security Review Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5869--Maritime Border Security Review Act
H.R. 5869 would require the Department of Homeland
Security, within 180 days of enactment, to prepare an analysis
of security issues (including potential terrorist threats) at
the maritime borders of the United States. The analysis would
include a description of improvements needed at U.S. sea ports
to reduce border-related criminal activity. Based on the costs
of similar analyses, CBO estimates that implementing the bill
would cost less than $500,000; such spending would be subject
to the availability of appropriations.
Enacting H.R. 5869 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5869 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5869 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 5869 contains the following
general performance goal and objective, including outcome
related goals and objectives authorized.
The general performance goal and objective of H.R. 5869 is
to ensure the Secretary of Homeland Security conducts a
comprehensive threat assessment of the United States maritime
border, which would inform future homeland security resourcing
needs.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 5869 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
PREEMPTION CLARIFICATION
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring the report of any Committee on a bill or
joint resolution to include a statement on the extent to which
the bill or joint resolution is intended to preempt State,
local, or Tribal law, the Committee finds that H.R. 5869 does
not preempt any State, local, or Tribal law.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee estimates that H.R. 5869 would require no
directed rule makings.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that this bill may be cited as the
``Maritime Border Security Review Act''.
Sec. 2. Definitions
This section defines the terms used in this measure
including ``appropriate congressional committees''; ``maritime
border''; and ``transit zone''.
Sec. 3. Maritime border threat analysis
This section requires the Secretary of Homeland Security to
conduct a threat analysis of the United States maritime border.
The analysis shall examine terrorist and criminal threats posed
by individuals and groups seeking to enter the U.S. through the
maritime border. The threat analysis must also assess
improvements needed at U.S. sea ports to reduce criminal
activity and the threat of terrorism, as well as
vulnerabilities in law, policy, cooperation between State,
territorial, and local law enforcement, or international
agreements that prevent effective maritime border security. The
Committee does not intend for this review to impact the
applicability of the Jones Act.
While conducting this analysis, the Secretary of Homeland
Security is directed to consider personnel and technology needs
and challenges, as well as the role of and need for cooperation
between Federal, State, territorial, local, and appropriate
international law enforcement entities to enforce maritime
border security. The Secretary shall also review the impact of
the geographic challenges of the maritime border and impact of
Hurricanes Harvey, Irma, Maria and Nate on general border
security activities related to the maritime border.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
As reported, H.R. 5869 makes no changes to existing law.
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