IIB 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Maritime Border Secu3 rity Review Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Homeland Security 

10 of the House of Representatives; 

11 (B) the Committee on Transportation and 

12 Infrastructure of the House of Representatives; 

13 (C) the Committee on Homeland Security 

14 and Government Affairs of the Senate; and 

15 (D) the Committee on Commerce, Science, 

16 and Transportation of the Senate. 

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

18 border’’ means— 

19 (A) the transit zone; and 

20 (B) the borders and territorial waters of 

21 Puerto Rico and the United States Virgin Is22 lands. 

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

24 has the meaning given such term in section 

25 1092(a)(8) of the National Defense Authorization 

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


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1 SEC. 3. MARITIME BORDER THREAT ANALYSIS. 

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

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

4 Security shall submit to the appropriate congressional 

5 committees a maritime border threat analysis that in6 cludes an identification and description of the following: 

7 (1) Current and potential terrorism and crimi8 nal threats posed by individuals and groups seeking 

9 to— 

10 (A) enter the United States through the 

11 maritime border; or 

12 (B) exploit border vulnerabilities on the 

13 maritime border. 

14 (2) Improvements needed at United States sea 

15 ports to— 

16 (A) prevent terrorists and instruments of 

17 terror from entering the United States; and 

18 (B) reduce criminal activity, as measured 

19 by the total flow of illegal goods and illicit 

20 drugs, related to the maritime border. 

21 (3) Improvements needed with respect to the 

22 maritime border to— 

23 (A) prevent terrorists and instruments of 

24 terror from entering the United States; and 

25 (B) reduce criminal activity related to the 

26 maritime border. 


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1 (4) Vulnerabilities in law, policy, cooperation 

2 between State, territorial, and local law enforcement, 

3 or international agreements that hinder effective and 

4 efficient border security, counterterrorism, anti5 human trafficking efforts, and the flow of legitimate 

6 trade with respect to the maritime border. 

7 (5) Metrics and performance parameters used 

8 by the Department of Homeland Security to evalu9 ate maritime security effectiveness, as appropriate. 

10 (b) ANALYSIS REQUIREMENTS.—In preparing the 

11 threat analysis required under subsection (a), the Sec12 retary of Homeland Security shall consider and examine 

13 the following: 

14 (1) Technology needs and challenges. 

15 (2) Personnel needs and challenges. 

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

17 enforcement in general border security activities. 

18 (4) The need for cooperation among Federal, 

19 State, territorial, local, and appropriate international 

20 law enforcement entities relating to border security. 

21 (5) The geographic challenges of the maritime 

22 border. 

23 (6) The impact and consequences of Hurricanes 

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


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1 security activities with respect to the maritime bor2 der. 

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

4 possible, the Secretary of Homeland Security shall submit 

5 the threat analysis required under subsection (a) in un6 classified form. The Secretary may submit a portion of 

7 the threat analysis in classified form if the Secretary de8 termines that such form is appropriate for such portion. 

Passed the House of Representatives September 4, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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