[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[House]
[Pages H8813-H8814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         NORTHERN BORDER COUNTERNARCOTICS STRATEGY ACT OF 2010

  Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and 
concur in the Senate amendment to the bill (H.R. 4748) to amend the 
Office of National Drug Control Policy Reauthorization Act of 2006 to 
require a northern border counternarcotics strategy, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendment is as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Border 
     Counternarcotics Strategy Act of 2010''.

     SEC. 2. NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

       The Office of National Drug Control Policy Reauthorization 
     Act of 2006 (Public Law 109-469; 120 Stat. 3502) is amended 
     by inserting after section 1110 the following:

     ``SEC. 1110A. REQUIREMENT FOR NORTHERN BORDER 
                   COUNTERNARCOTICS STRATEGY.

       ``(a) Definitions.--In this section, the terms `appropriate 
     congressional committees', `Director', and `National Drug 
     Control Program agency' have the meanings given those terms 
     in section 702 of the Office of National Drug Control Policy 
     Reauthorization Act of 1998 (21 U.S.C. 1701).
       ``(b) Strategy.--Not later than 180 days after the date of 
     enactment of this section, and every 2 years thereafter, the 
     Director, in consultation with the head of each relevant 
     National Drug Control Program agency and relevant officials 
     of States, local governments, tribal governments, and the 
     governments of other countries, shall develop a Northern 
     Border Counternarcotics Strategy and submit the strategy to--
       ``(1) the appropriate congressional committees (including 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives);
       ``(2) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Indian Affairs of the Senate; and
       ``(3) the Committee on Armed Services, the Committee on 
     Homeland Security, and the Committee on Natural Resources of 
     the House of Representatives.
       ``(c) Purposes.--The Northern Border Counternarcotics 
     Strategy shall--
       ``(1) set forth the strategy of the Federal Government for 
     preventing the illegal trafficking of drugs across the 
     international border between the United States and Canada, 
     including through ports of entry and between ports of entry 
     on the border;
       ``(2) state the specific roles and responsibilities of each 
     relevant National Drug Control Program agency for 
     implementing the strategy;
       ``(3) identify the specific resources required to enable 
     the relevant National Drug Control Program agencies to 
     implement the strategy; and
       ``(4) reflect the unique nature of small communities along 
     the international border between the United States and 
     Canada, ongoing cooperation and coordination with Canadian 
     law enforcement authorities, and variations in the volumes of 
     vehicles and pedestrians crossing through ports of entry 
     along the international border between the United States and 
     Canada.
       ``(d) Specific Content Related to Cross-border Indian 
     Reservations.--The Northern Border Counternarcotics Strategy 
     shall include--
       ``(1) a strategy to end the illegal trafficking of drugs to 
     or through Indian reservations on or near the international 
     border between the United States and Canada; and
       ``(2) recommendations for additional assistance, if any, 
     needed by tribal law enforcement agencies relating to the 
     strategy, including an evaluation of Federal technical and 
     financial assistance, infrastructure capacity building, and 
     interoperability deficiencies.
       ``(e) Limitation.--
       ``(1) In general.--The Northern Border Counternarcotics 
     Strategy shall not change the exiting agency authorities and 
     this section shall not be construed to amend or modify any 
     law governing interagency relationships.
       ``(2) Legitimate trade and travel.--The Northern Border 
     Counternarcotics Strategy shall be designed to promote, and 
     not hinder, legitimate trade and travel.
       ``(f) Treatment of Classified or Law Enforcement Sensitive 
     Information.--
       ``(1) In general.--The Northern Border Counternarcotics 
     Strategy shall be submitted in unclassified form and shall be 
     available to the public.
       ``(2) Annex.--The Northern Border Counternarcotics Strategy 
     may include an annex containing any classified information or 
     information the public disclosure of which, as determined by 
     the Director or the head of any relevant National Drug 
     Control Program agency, would be detrimental to the law 
     enforcement or national security activities of any Federal, 
     State, local, or tribal agency.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Smith) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Madam Speaker, H.R. 4748 amends the Office of National Drug Control 
Policy Reauthorization Act of 2006 to require the Director of the 
National Drug Control Policy to submit to Congress a northern border 
counternarcotics strategy.
  The United States' northern border with Canada is the longest open 
border in the world, spanning 12 States and over 4,000 miles. The House 
initially passed this bill 5 months ago, recognizing the increased 
amount of drug trafficking and related criminal activity occurring near 
the Canadian border, including on Indian reservations in that area.
  To combat this development, H.R. 4748 requires the creation of a 
northern border counternarcotics strategy similar to what has been in 
place for our southwest border for several years. This will promote 
more effective consultation and coordination between Federal law 
enforcement agencies so that we can bring new force to our efforts to 
curb the flow of illegal drugs across the northern border and the crime 
it brings in its wake. In addition, H.R. 4748 gives Indian tribes with 
reservations on or near the Canadian border a consulting role in 
implementing the strategy on their reservations.
  This bill is the result of efforts by our colleague, the gentleman 
from New York (Mr. Owens), whose district spans 250 miles of the border 
on land along the St. Lawrence River and on Lake Erie. The Homeland 
Security chairman, the gentleman from Mississippi (Mr. Thompson), 
helped to shape the bill and bring it to the floor last summer. The 
Senate has now returned the bill with some modest, but helpful, 
refinements; and I urge my colleagues to support this revised version 
so that we can send it to the President.
  I reserve the balance of my time.
  Mr. SMITH of Texas. I yield myself such time as I may consume.
  Madam Speaker, H.R. 4748, the Northern Border Counternarcotics 
Strategy Act, requires the Director of the Office of National Drug 
Control Policy, ONDCP, to develop a counternarcotics strategy for the 
U.S. Canadian border. The House passed this legislation last July. The 
Senate made several technical and conforming changes to the language 
and sent it back to the House for final consideration.
  Significant attention has been paid to drug trafficking along our 
southern border with Mexico, but the northern border with Canada is 
also a major transit point for high-potency marijuana, Ecstasy, and 
other illegal drugs. According to the 2010 National Drug Threat 
Assessment, Asian drug trafficking organizations produce the drug 
Ecstasy in Canada and then smuggle it across the northern border into 
the U.S. America's northern border is remote, heavily wooded and 
sparsely populated, ideal for smugglers seeking to move their product 
into the U.S. undetected.
  In 2006, Congress directed the ONDCP to prepare a counternarcotics 
strategy for our southwestern border. H.R. 4748 mirrors this strategy, 
but for our northern border.
  While we continue to address drug trafficking across our southern 
border, we must not lose sight of the ease with which our northern 
border can be exploited by dangerous drug smugglers. I urge my 
colleagues to support this legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Madam Speaker, I yield the balance of my time 
to the gentleman from New York (Mr.

[[Page H8814]]

Owens), who has been working hard on this particular bill.

                              {time}  1200

  Mr. OWENS. Madam Speaker, I want to thank Chairman Conyers and 
Chairman Thompson for their leadership and for bringing H.R. 4748 to 
the floor with the Senate amendment.
  Our northern border with Canada spans over 4,000 miles, the longest 
open border in the world. I am intimately familiar with the unique 
status of our shared border. My congressional district in Upstate New 
York includes 13 ports of entry and border crossings, and nearly 2,000 
jobs depend on a stable trading relationship with our northern 
neighbor.
  We currently lack a unified approach to stopping the flow of drugs 
from the northern border. As the southern border has witnessed the 
spread of violence that has accompanied the increased drug trade, we 
must be proactive and vigilant in ensuring that our northern border 
remains safe and open for business. Organized criminal elements are 
increasingly exploiting the northern border to traffic narcotics, 
illicit cigarettes, firearms, and people. According to the 2010 
National Drug Threat Assessment, the amount of ecstasy seized at or 
between northern border points of entry increased 594 percent from 2004 
to 2009. In 2009, there were 1,100 drug-related arrests in New York's 
North Country. Just last week, the Franklin County Border Narcotics 
Task Force caught a Malone man believed to be headed downstate with 119 
pounds of marijuana. The Narcotics Task Force, consisting of law 
enforcement officials from the Federal, State, and local level, stand 
to benefit greatly from this legislation. They will have the added 
advantage of increased cooperation and information sharing with their 
counterparts across the northern border.
  By enacting this important legislation into law, the Federal agency 
that is responsible for stopping illegal drugs from entering the U.S. 
will, for the first time, be mandated by Congress to create a 
comprehensive strategy to stop the flow of drugs across the northern 
border. By coordinating the efforts of Federal, State, and local 
officials responsible for the safety of our communities, the Northern 
Border Counternarcotics Strategy Act will help ensure that law 
enforcement has the tools and information they need to keep the drug 
trade out of the northern border communities.
  This legislation also recognizes the important balance between 
allowing the flow of legitimate trade and travel across the border with 
Canada and stopping the flow of illegal narcotics. This new strategy 
will reflect the unique nature of the small communities that dot the 
northern border and recognize the need for continued cooperation and 
coordination with our counterparts in Canadian law enforcement. This 
legislation will ultimately make these communities safer, attracting 
new businesses and providing the long-term assurances of protection 
they need to grow and prosper.
  Upstate New York has benefited for decades from a robust business 
relationship with our Canadian neighbors, and any illegal activity that 
takes place over our borders threatens that relationship. The Northern 
Border Counternarcotics Strategy Act starts the process of developing a 
new approach to combating the international drug trade along our shared 
border with Canada. It is a vital component to the economic development 
and safety of our communities along that border. I ask my colleagues 
for their support.
  Mr. THOMPSON of Mississippi. Madam Speaker, as an original cosponsor 
of H.R. 4748, I urge passage of this important homeland security bill 
so that it can be sent to the President for signature.
  H.R. 4748, as amended by the Senate, would require the Director of 
National Drug Control Policy, ONDCP, to work with Federal, state, 
local, and international law enforcement to develop a comprehensive 
plan to prevent drug trafficking across the Northern Border. The bill 
requires the strategy to include clear recommendations for better 
coordination and assistance for tribal law enforcement agencies.
  More often than not, when I hear someone lament about our ``broken 
borders,'' they are talking about the Southern Border. While certainly 
the high-profile drug cartel violence and human smuggling activities 
warrant significant attention, we must not overlook the fact that there 
are significant border security challenges to the north, as well. In 
recent years, a diverse array of traffickers ranging from outlaw 
motorcycle gangs to Canadian drug rings have exploited the long, 
sparsely populated and very wooded border to traffic in large 
quantities of marijuana, ecstasy, and methamphetamines. Surveillance of 
the border is particularly challenging since smugglers have a wide 
range of delivery options--from helicopter and other small craft to 
boat and float plane to cattle trucks and even snowmobiles.
  Representative Owens, with his firsthand perspective of conditions on 
the Northern Border, is to be commended for authoring this bill to 
ensure that the Federal government has a unified approach to preventing 
the flow of drugs into the United States through this critical border--
which spans about 4,000 miles.
  The bill is not only integral to border security, but is vital for 
economic development in New York's North Country and other communities 
in the 13 states along our border with Canada. Thousands of jobs in 
these areas depend on the swift movement of lawful commerce across the 
Northern Border; illicit activity along the border risks undermining 
this critical trading relationship.
  I congratulate Representative Owens, a valuable member on the 
Homeland Security Community, for his work on Northern Border security 
issues and--especially--his efforts in introducing a strategic approach 
to stemming the flow of illicit drugs across the U.S.-Canadian border. 
I urge passage of H.R. 4748.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and concur in the Senate amendment to the bill, H.R. 4748.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendment was concurred in.
  A motion to reconsider was laid on the table.

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