[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.

                                  [all]