I 

115TH CONGRESS 

2D SESSION H. R. 5869 

To require the Secretary of Homeland Security to conduct a maritime border 

threat analysis, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2018 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico (for herself, Mr. KING of New York, 

Mr. DONOVAN, Mr. BACON, Mrs. MURPHY of Florida, Mr. DIAZ-BALART, 

and Mr. DUFFY) introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To require the Secretary of Homeland Security to conduct 

a maritime border threat analysis, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maritime Border Secu5 rity Review Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Homeland Security 

5 of the House of Representatives; 

6 (B) the Committee on Transportation and 

7 Infrastructure of the House of Representatives; 

8 (C) the Committee on Homeland Security 

9 and Government Affairs of the Senate; and 

10 (D) the Committee on Commerce, Science, 

11 and Transportation of the Senate. 

12 (2) MARITIME BORDER.—The term ‘‘maritime 

13 border’’ means— 

14 (A) the transit zone; and 

15 (B) the borders and territorial waters of 

16 Puerto Rico and the United States Virgin Is17 lands. 

18 (3) TRANSIT ZONE.—The term ‘‘transit zone’’ 

19 has the meaning given such term in section 

20 1092(a)(8) of the National Defense Authorization 

21 Act for Fiscal Year 2017 (6 U.S.C. 223(a)(8)). 

22 SEC. 3. MARITIME BORDER THREAT ANALYSIS. 

23 (a) IN GENERAL.—Not later than 180 days after the 

24 date of enactment of this Act, the Secretary of Homeland 

25 Security shall submit to the appropriate congressional 


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1 committees a maritime border threat analysis that in2 cludes an identification and description of the following: 

3 (1) Current and potential terrorism and crimi4 nal threats posed by individuals and groups seeking 

5 to— 

6 (A) enter the United States through the 

7 maritime border; or 

8 (B) exploit border vulnerabilities on the 

9 maritime border. 

10 (2) Improvements needed at United States sea 

11 ports to— 

12 (A) prevent terrorists and instruments of 

13 terror from entering the United States; and 

14 (B) reduce criminal activity, as measured 

15 by the total flow of illegal goods and illicit 

16 drugs, related to the maritime border. 

17 (3) Improvements needed with respect to the 

18 maritime border to— 

19 (A) prevent terrorists and instruments of 

20 terror from entering the United States; and 

21 (B) reduce criminal activity related to the 

22 maritime border. 

23 (4) Vulnerabilities in law, policy, cooperation 

24 between State, territorial, and local law enforcement, 

25 or international agreements that hinder effective and 


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1 efficient border security, counterterrorism, anti2 human trafficking efforts, and the flow of legitimate 

3 trade with respect to the maritime border. 

4 (b) ANALYSIS REQUIREMENTS.—In preparing the 

5 threat analysis required under subsection (a), the Sec6 retary of Homeland Security shall consider and examine 

7 the following: 

8 (1) Technology needs and challenges. 

9 (2) Personnel needs and challenges. 

10 (3) The role of State, territorial, and local law 

11 enforcement in general border security activities. 

12 (4) The need for cooperation among Federal, 

13 State, territorial, local, and appropriate international 

14 law enforcement entities relating to border security. 

15 (5) The geographic challenges of the maritime 

16 border. 

17 (6) The impact and consequences of Hurricanes 

18 Harvey, Irma, Maria, and Nate on general border 

19 security activities with respect to the maritime bor20 der. 

21 (c) CLASSIFIED THREAT ANALYSIS.—To the extent 

22 possible, the Secretary of Homeland Security shall submit 

23 the threat analysis required under subsection (a) in un24 classified form. The Secretary may submit a portion of 


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1 the threat analysis in classified form if the Secretary de2 termines that such form is appropriate for such portion. 

Æ 


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