[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5839 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5839

  To require the Secretary of Homeland Security to assess technology 
needs along the maritime border and develop a strategy to address such 
                     needs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2023

Mrs. Gonzalez-Colon (for herself, Ms. Plaskett, Mr. Gimenez, Mr. Soto, 
   Mr. Guest, Mr. Davis of North Carolina, Ms. Salazar, Mr. Vicente 
 Gonzalez of Texas, Mr. Waltz, Mr. Swalwell, Mr. Mast, and Mr. James) 
 introduced the following bill; which was referred to the Committee on 
                           Homeland Security

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Homeland Security to assess technology 
needs along the maritime border and develop a strategy to address such 
                     needs, 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 Technology 
Improvement Act''.

SEC. 2. MARITIME BORDER SECURITY TECHNOLOGY NEEDS ANALYSIS AND UPDATES.

    (a) Technology Needs Analysis.--Not later than two years after the 
date of the enactment of this Act, the Secretary shall submit to the 
appropriate congressional committees a technology needs analysis for 
operational and border security technology along the maritime border.
    (b) Contents.--The analysis required under subsection (a) shall 
include an assessment of--
            (1) the operational and border security technology needs 
        along the maritime border--
                    (A) to prevent terrorists and instruments of terror 
                from entering the United States;
                    (B) to combat and reduce criminal activity related 
                to the maritime border, including--
                            (i) the transport of illegal goods, such as 
                        illicit drugs; and
                            (ii) human smuggling and human trafficking;
                    (C) to enhance maritime domain awareness;
                    (D) to enhance maritime detection and interdiction 
                capabilities;
                    (E) to enhance presence in the maritime domain;
                    (F) to facilitate the flow of legal trade across 
                the maritime border;
                    (G) to strengthen the security of maritime critical 
                infrastructure and counter evolving maritime 
                cybersecurity risks; and
                    (H) to preserve and uphold United States prosperity 
                and economic security by safeguarding the domestic 
                maritime transportation system and maritime resources;
            (2) recent technological advancements in--
                    (A) manned aircraft sensor, communication, and 
                common operating picture technology;
                    (B) unmanned aircraft systems, sensors, and related 
                technology with maritime surveillance capability, 
                including counter-UAS systems;
                    (C) unmanned maritime vessels with surface and 
                subsurface surveillance, detection, and tracking 
                capabilities;
                    (D) maritime surveillance and detection sensing 
                capabilities for both emitting and non-emitting threat 
                vessels;
                    (E) coastal radar surveillance systems;
                    (F) nonintrusive inspection technology, including 
                non-X-ray devices and other advanced detection 
                technology;
                    (G) maritime signals intelligence capabilities;
                    (H) voice and data communications, command and 
                control capabilities, and information management and 
                sharing capabilities; and
                    (I) maritime port and waterway infrastructure 
                systems to counter physical and cyber threats;
            (3) any other technological advancements that the Secretary 
        determines to be critical to the Department's mission along the 
        maritime border;
            (4) whether the use of the technological advances described 
        in paragraphs (2) and (3) will--
                    (A) improve maritime border security and establish 
                persistent wide area maritime surveillance;
                    (B) improve the capability of the Department to 
                accomplish its mission along the maritime border;
                    (C) reduce operational and security gaps along the 
                maritime border;
                    (D) enhance the safety of any officer or agent of 
                the Department or any other Federal agency; and
                    (E) improve deployment of high demand resources and 
                improve data sharing between technology systems and the 
                Homeland Security Enterprise;
            (5) the Department's ongoing maritime border security 
        technology development efforts, including efforts by--
                    (A) the U.S. Coast Guard;
                    (B) U.S. Customs and Border Protection;
                    (C) the Science and Technology Directorate of the 
                Department; and
                    (D) the technology assessment office of any other 
                operational component of the Department;
            (6) any other technological needs or factors, including 
        maritime border security and shoreside infrastructure, that the 
        Secretary determines should be considered; and
            (7) currently deployed technology or new technology that 
        would improve the Department's ability--
                    (A) to reasonably achieve operational control and 
                situational awareness along the maritime border; and
                    (B) to collect metrics for securing the maritime 
                border, as required under subsection (d) of section 
                1092 of division A of the National Defense 
                Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).
    (c) Updates.--
            (1) In general.--Not later than two years after the 
        submission of the analysis required under subsection (a) and 
        biannually thereafter for the following four years, the 
        Secretary shall submit to the appropriate congressional 
        committees an update to such analysis.
            (2) Contents.--Each update required under paragraph (1) 
        shall include a plan for utilizing the resources of the 
        Department to satisfy operational and border security 
        technology needs identified pursuant to subsection (b), 
        including developing or acquiring technologies not currently in 
        use by the Department that would allow the Department to bridge 
        existing operational and border security needs along the 
        maritime border.
    (d) Items To Be Considered.--In compiling the operational and 
border security technology needs analysis and updates required under 
this section, the Secretary shall consider and examine--
            (1) technology that is deployed and is sufficient for the 
        Department's use along the maritime border;
            (2) technology that is deployed, but is insufficient for 
        the Department's use along the maritime border;
            (3) technology that is not deployed, but is necessary for 
        the Department's use along the maritime border;
            (4) current formal departmental requirements examining 
        maritime border security threats and challenges faced by any 
        component of the Department;
            (5) trends and forecasts regarding migration and the 
        transport of illegal goods, such as illicit drugs, across the 
        maritime border;
            (6) the impact on projected staffing and deployment needs 
        for the Department, including staffing needs that may be 
        fulfilled through the use of technology;
            (7) the needs and challenges faced by employees of the 
        Department who are deployed along the maritime border;
            (8) the needs to improve cooperation among Federal, State, 
        territorial, Tribal, local, and appropriate international law 
        enforcement entities to enhance security along the maritime 
        border;
            (9) the impact of any natural disaster or ongoing public 
        health emergency that impacts Department operations along the 
        maritime border; and
            (10) the ability of, and the needs for, the Department to 
        assist with search and rescue efforts for individuals or groups 
        that may be in physical danger or in need of medical assistance 
        along the maritime border.
    (e) Classified Form.--To the extent possible, the Secretary shall 
submit the technology needs analysis and updates required under this 
section in unclassified form, but may submit such documents, or 
portions of such documents, in classified form if the Secretary 
determines such is appropriate.
    (f) Definitions.--In this section:
            (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) Counter-UAS system.--The term ``counter-UAS system'' 
        has the meaning given such term in section 44801 of title 49, 
        United States Code.
            (3) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given such term in section 
        1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
            (4) Cybersecurity risk.--The term ``cybersecurity risk'' 
        has the meaning given such term in section 2200 of the Homeland 
        Security Act of 2002 (6 U.S.C. 650).
            (5) Homeland security enterprise.--The term ``Homeland 
        Security Enterprise'' has the meaning given such term in 
        section 2200 of the Homeland Security Act of 2002 (6 U.S.C. 
        650).
            (6) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (7) Maritime border.--The term ``maritime border'' means--
                    (A) the coastal areas of the United States, 
                including California, Florida, Puerto Rico, the United 
                States Virgin Islands, Washington, the Great Lakes, 
                Maine, and the Gulf Coast;
                    (B) the maritime approaches to the areas described 
                in subparagraph (A), including, if applicable, the 
                waters extending from the United States territorial sea 
                baseline to the outer edge of the 200 nautical mile 
                Exclusive Economic Zone;
                    (C) the ports of entry along the areas described in 
                subparagraph (A); and
                    (D) the transit zone.
            (8) Persistent wide area maritime surveillance (pwams).--
        The term ``persistent wide area maritime surveillance'' means a 
        system of sensors that provide surveillance and detection to 
        aid in the classification and identification of surface and 
        subsurface vessels of diverse sizes out to 200 nautical miles 
        from shore to prevent terrorism, enhance security, secure the 
        United States border, and enforce immigration laws.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (10) 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)).
            (11) Unmanned aircraft system.--The term ``unmanned 
        aircraft system'' has the meaning given such term in section 
        44801 of title 49, United States Code.
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