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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-299
======================================================================
INLAND WATERS SECURITY REVIEW ACT
_______
November 19, 2019.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 4402]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4402) to require the Secretary of Homeland
Security to conduct an inland waters threat analysis, and for
other purposes, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and
Tax Expenditures............................................... 2
Federal Mandates Statement....................................... 3
Statement of General Performance Goals and Objectives............ 3
Duplicative Federal Programs..................................... 3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits.......................................................
Advisory Committee Statement.....................................
Applicability to Legislative Branch..............................
Section-by-Section Analysis of the Legislation................... 3
PURPOSE AND SUMMARY
H.R. 4402, the ``Inland Waters Security Review Act,'' will
require DHS to submit to Congress an analysis of the following:
(1) current and potential terrorism and criminal threats with
respect to inland waters; (2) security challenges at inland
water ports; (3) security mitigation efforts with respect to
inland waters; (4) any vulnerabilities related to law
enforcement cooperation or international agreements with
respect to inland waters that may affect security,
counterterrorism, anti-trafficking efforts, or trade; and (5)
any metrics used by the Department of Homeland Security (DHS)
to assess inland waters security. In doing so, DHS must take
into account technology, personnel, law enforcement
cooperation, public-private partnerships, and challenges posed
by geography.
BACKGROUND AND NEED FOR LEGISLATION
Maritime security is critical to homeland security.
However, most terrorism assessments related to maritime
security have focused on the risks present on the high seas and
in coastal areas. Inland waters, such as lakes, rivers, and
streams--including more than 25,000 miles of navigable waters
across the United States--present unique security challenges.
These risks must be analyzed by DHS to ensure that the threats
facing inland waters, inland water ports, nearby communities,
and trade, are effectively addressed.
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress, the following hearing was used to develop H.R.
4402:
On April 9, 2019, the Committee held a
hearing entitled ``Securing America's Transportation
and Maritime Systems: A Review of the Fiscal Year 2020
Budget Requests for the Transportation Security
Administration and the U.S. Coast Guard.'' The
Committee received testimony from David P. Pekoske,
Administrator, Transportation Security Administration,
U.S. Department of Homeland Security; and Admiral Karl
L. Schultz, Commandant, U.S. Coast Guard, U.S.
Department of Homeland Security.
COMMITTEE CONSIDERATION
The Committee met on October 23, 2019, with a quorum being
present, to consider H.R. 4402 and ordered the measure to be
reported to the House with a favorable recommendation, without
amendment, by unanimous consent.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during consideration of
H.R. 4402.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
CONGRESSIONAL BUDGET OFFICE ESTIMATE, NEW BUDGET AUTHORITY, ENTITLEMENT
AUTHORITY, AND TAX EXPENDITURES
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office.
FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
DUPLICATIVE FEDERAL PROGRAMS
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 4402 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the objective of H.R. 4402 is to
require the Department of Homeland Security to submit a threat
analysis of inland waters security. The submission must be
unclassified but may include a classified portion if deemed
appropriate by the Department.
ADVISORY ON EARMARKS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that the bill may be cited as the
``Inland Waters Security Review Act.''
Sec. 2. Definitions
This section defines ``appropriate congressional
committees'' to refer to the House Committee on Homeland
Security, the Senate Committee on Homeland Security and
Governmental Affairs, and the Senate Committee on Commerce,
Science, and Transportation.
This section also defines ``inland waters'' by reference to
the Code of Federal Regulations, which defines the term as
``the navigable waters of the United States shoreward of the
navigational demarcation lines dividing the high seas from
harbors, rivers, and other inland waters of the United States
and the waters of the Great Lakes on the United States side of
the International Boundary.''
Sec. 3. Inland waters threat analysis
This section requires DHS to submit a threat analysis on
inland waters security to the appropriate congressional
committees within 180 days of the enactment of this Act.
The analysis must include the following: (1) current and
potential terrorism and criminal threats with respect to inland
waters; (2) security challenges at inland water ports; (3)
security mitigation efforts with respect to inland waters; (4)
any vulnerabilities related to law enforcement cooperation or
international agreements with respect to inland waters that may
affect security, counterterrorism, anti-trafficking efforts, or
trade; and (5) any metrics used by DHS to assess inland waters
security. In developing this analysis, DHS must take into
account technology, personnel, law enforcement cooperation,
public-private partnerships, and challenges posed by geography.
The analysis must be unclassified but may include a
classified portion if deemed appropriate by DHS.
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