[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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