107 HR 5839 IH: Maritime Border Security Technology Improvement Act
U.S. House of Representatives
2023-09-29
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EN
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I
118th CONGRESS
1st Session
H. R. 5839
IN THE HOUSE OF REPRESENTATIVES
September 29, 2023
Mrs. González-Colón (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.
1.

Short title
This Act may be cited as the “Maritime Border Security Technology Improvement Act”.
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.