Inland Waters Security Review Act

IIB 116TH CONGRESS 1ST SESSION H. R. 4402 IN THE SENATE OF THE UNITED STATES DECEMBER 10, 2019 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 an inland waters threat analysis, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:40 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4402.RFS H4402 kjohnson on DSK79L0C42 with BILLS 2 HR 4402 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Inland Waters Security 2 Review Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) APPROPRIATE CONGRESSIONAL COMMIT- 6 TEES.—The term ‘‘appropriate congressional com- 7 mittees’’ means— 8 (A) the Committee on Homeland Security 9 of the House of Representatives; 10 (B) the Committee on Homeland Security 11 and Government Affairs of the Senate; and 12 (C) the Committee on Commerce, Science, 13 and Transportation of the Senate. 14 (2) INLAND WATERS.—The term ‘‘inland 15 waters’’ has the meaning given such term in section 16 83.03 of title 33, Code of Federal Regulations. 17 SEC. 3. INLAND WATERS THREAT ANALYSIS. 18 (a) IN GENERAL.—Not later than 180 days after the 19 date of the enactment of this Act, the Secretary of Home- 20 land Security shall submit to the appropriate congres- 21 sional committees an inland waters threat analysis that 22 includes an identification and description of the following: 23 (1) Current and potential terrorism and crimi- 24 nal threats posed by individuals and groups seeking 25 to— 26 VerDate Sep 11 2014 23:40 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4402.RFS H4402 kjohnson on DSK79L0C42 with BILLS 3 HR 4402 RFS (A) enter the United States through inland 1 waters; or 2 (B) exploit security vulnerabilities on in- 3 land waters. 4 (2) Security challenges at United States inland 5 waters ports regarding— 6 (A) terrorism and instruments of terror 7 entering the United States; and 8 (B) criminal activity, as measured by the 9 total flow of illegal goods and illicit drugs, re- 10 lated to the inland waters. 11 (3) Security mitigation efforts with respect to 12 the inland waters to— 13 (A) prevent terrorists and instruments of 14 terror from entering the United States; and 15 (B) reduce criminal activity related to the 16 inland waters. 17 (4) Vulnerabilities related to cooperation be- 18 tween State, local, Tribal, and territorial law en- 19 forcement, or international agreements, that hinder 20 effective security, counterterrorism, anti-trafficking 21 efforts, and the flow of legitimate trade with respect 22 to inland waters. 23 VerDate Sep 11 2014 23:40 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4402.RFS H4402 kjohnson on DSK79L0C42 with BILLS 4 HR 4402 RFS (5) Metrics and performance measures used by 1 the Department of Homeland Security to evaluate 2 inland waters security, as appropriate. 3 (b) ANALYSIS REQUIREMENTS.—In preparing the 4 threat analysis required under subsection (a), the Sec- 5 retary of Homeland Security shall consider and examine 6 the following: 7 (1) Technology needs and challenges. 8 (2) Personnel needs and challenges. 9 (3) The roles of State, local, Tribal, and terri- 10 torial law enforcement, as well as private sector 11 partners and the public, relating to inland waters se- 12 curity. 13 (4) The need for cooperation among Federal, 14 State, local, Tribal, territorial, and international 15 partner law enforcement, as well as private sector 16 partners and the public, relating to inland waters se- 17 curity. 18 (5) The challenges posed by geography with re- 19 spect to inland waters security. 20 (c) CLASSIFIED THREAT ANALYSIS.—To the extent 21 possible, the Secretary of Homeland Security shall submit 22 the threat analysis required under subsection (a) in un- 23 classified form. The Secretary may submit a portion of 24 VerDate Sep 11 2014 23:40 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4402.RFS H4402 kjohnson on DSK79L0C42 with BILLS 5 HR 4402 RFS the threat analysis in classified form if the Secretary de- 1 termines that such is appropriate. 2 Passed the House of Representatives December 9, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:40 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4402.RFS H4402 kjohnson on DSK79L0C42 with BILLS