[Congressional Record Volume 161, Number 159 (Wednesday, October 28, 2015)]
[House]
[Pages H7316-H7319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NORTHERN BORDER SECURITY REVIEW ACT

  Mr. KATKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 455) to require the Secretary of Homeland Security to conduct a 
northern border threat analysis, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 455

       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 ``Northern Border Security 
     Review Act''.

     SEC. 2. NORTHERN BORDER THREAT ANALYSIS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the appropriate congressional committees a 
     Northern Border threat analysis that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking to--
       (A) enter the United States through the Northern Border; or
       (B) exploit border vulnerabilities along the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border to--
       (A) prevent terrorists and instruments of terror from 
     entering the United States; and
       (B) reduce criminal activity, as measured by the total flow 
     of illegal goods, illicit drugs, and smuggled and trafficked 
     persons moved in either direction across the Northern Border;
       (3) gaps in law, policy, cooperation between State, local, 
     and tribal law enforcement, international agreements, or 
     tribal agreements that hinder effective and efficient border 
     security, counter-terrorism, anti-human smuggling and 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border; and
       (4) an analysis of whether additional U.S. Customs and 
     Border Protection preclearance and pre-inspection operations 
     at ports of entry along the Northern Border could help 
     prevent terrorists and instruments of terror from entering 
     the United States.
       (b) Analysis Requirements.--For the threat analysis 
     required under subsection (a), the Secretary of Homeland 
     Security shall consider and examine--
       (1) technology needs and challenges;
       (2) personnel needs and challenges;
       (3) the role of State, local, and tribal law enforcement in 
     general border security activities;

[[Page H7317]]

       (4) the need for cooperation among Federal, State, local, 
     tribal, and Canadian law enforcement entities relating to 
     border security; and
       (5) the terrain, population density, and climate along the 
     Northern Border.
       (c) Classified Threat Analysis.--To the extent possible, 
     the Secretary of Homeland Security shall submit the threat 
     analysis required under subsection (a) in unclassified form. 
     The Secretary may submit a portion of the threat analysis in 
     classified form if the Secretary determines such is 
     appropriate.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security of the House of 
     Representatives; and
       (D) the Committee on Appropriations of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Katko) and the gentleman from New York (Mr. Higgins) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Katko).


                             General Leave

  Mr. KATKO. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days within which to revise and extend their remarks and 
include any extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 455, the Northern Border 
Security Review Act, and urge its passage. This legislation would 
require the Department of Homeland Security to conduct a much-needed 
threat analysis of current and potential threats along our Nation's 
vast northern border.
  As a former Federal prosecutor on both the northern border in New 
York and the southern border in El Paso, Texas, not to mention my time 
as a Federal prosecutor on the island of Puerto Rico, I have seen 
firsthand the challenges our Nation faces to counter violent drug 
trafficking organizations, organized crime syndicates, and human 
trafficking that transit across our Nation's border.
  While great attention is justifiably given to the challenges of 
securing our southern border, ensuring the safety of our vast northern 
border is also critical to our Nation's security. It has been well 
documented that several major terrorist plots have been discovered and 
disrupted along the northern border in recent years.

                              {time}  1800

  Ahmed Ressam, the so-called millennium bomber, was entering 
Washington State from Canada with a concealed bomb intended to detonate 
at LAX Airport when he was arrested by alert Customs agents in 1999.
  In 2013, with the help of our Canadian allies, the FBI and the Royal 
Canadian Mounted Police thwarted an attempt to derail and kill 
passengers on a train between New York and Toronto, which became known 
as the VIA rail plot.
  As chairman of the Homeland Security Committee's bipartisan Foreign 
Fighters Task Force, I recently examined other vulnerabilities at our 
border associated with foreign fighter travel. Unfortunately, neither 
the United States nor Canada is immune to the threat of foreign 
fighters who may be inspired by groups like ISIS or otherwise 
radicalized online from others abroad.
  Among the findings of the bipartisan Task Force was the 
identification of security weaknesses that are putting the U.S. 
homeland in danger by making it easier for foreign fighters to migrate 
to terrorist hotspots and for jihadists to return to the West. One such 
vulnerability stems from our vast northern border that we share with 
Canada. Along this border, we face a number of unique challenges both 
geographically and jurisdictionally.
  Complicating the current understanding of the security needs along 
our northern border is the administration's decision to stop providing 
metrics to Congress in 2010 that identified the number of miles under 
operational control.
  In that year, the Government Accountability Office reported that only 
69 miles, or about 2 percent of the northern border's 4,000 miles, were 
under operational control. Let me repeat that. Only 2 percent of our 
northern border is under operational control.
  To address this lack of information with regard to the state of 
northern border security, this legislation requires that an assessment 
be conducted to analyze a variety of issues facing the northern border. 
These include potential terrorist threats, potential improvements, gaps 
in law or policy, and illegal border activity.
  This analysis is intended to better inform any resources that are 
needed along the border to increase operational control and legislation 
that can result therefrom.
  I recently had the opportunity to spend time with CBP officers and 
agents at the Port of Oswego in my district. I am continually impressed 
with their ability to carry out their duties in incredibly difficult 
situations.
  This bill will help them better secure our Nation's borders, as it 
will give our agents and officers the tools and information needed to 
better do their jobs.
  Previous analyses of the northern border have largely focused on drug 
trafficking and lack a holistic security approach to the issues that 
are unique along the northern border.
  The analysis required in this bill will provide Customs and Border 
Protection with the foundation needed to address all threats at and 
between ports of entry along the northern border. It will also provide 
Congress with the information necessary to conduct proper oversight.
  In my 10 months in office, I have worked vigorously to address known 
challenges that the Department of Homeland Security faces. Since 
January, I, along with both my Republican and Democratic colleagues, 
have introduced seven pieces of legislation that address transportation 
and border security issues and hope that this will be the third 
bipartisan bill that we send to the President's desk.
  This final product embodies the essence of bipartisanship, and I am 
proud to say that all Americans will benefit from the work my 
colleagues and I have done to secure our northern border.
  My colleagues and I understand we have a lot more work to do, and I 
promise we will continue to provide diligent oversight of the 
Department of Homeland Security. When we see a problem at this agency, 
we work swiftly together in a bipartisan manner with our Democratic 
brothers and sisters to address it.
  I urge my colleagues to support this bipartisan legislation.
  I would like to thank Subcommittee on Border and Maritime Security 
Chairman Candice Miller for her support, along with my fellow northern 
border colleagues who have joined as cosponsors.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HIGGINS. I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 455, the Northern 
Border Security Review Act, introduced by my friend, the gentleman from 
New York (Mr. Katko).
  The bill before us would direct the Secretary of Homeland Security to 
prepare a northern border threat analysis. There has long been an 
intent focus on the southern border and the many challenges faced 
there. While this is undoubtedly justified, the northern border has 
often been neglected in this process.
  The Northern Border Security Review Act takes steps to correct this 
disparity by requiring an analysis of terror threats posed by 
individuals entering through the northern border as well as 
improvements needed at and between ports to prevent their entry.
  I was pleased that two of my amendments were adopted in committee. 
The first required an analysis of whether the implementation of 
preclearance and preinspection at additional ports of entry would 
enhance our security and prevent terrorists from entering the United 
States.
  A preinspection pilot at the Peace Bridge in Buffalo was conducted in 
early 2014 and was deemed a success. It demonstrated the potential to 
efficiently process cargo while also enabling Customs and Border 
Protection

[[Page H7318]]

to conduct inspections and interdict threats before they reach the 
United States.
  The historic preclearance agreement reached between the United States 
and Canada earlier this year paved the way for implementation of 
permanent preinspection and preclearance at the Peace Bridge and other 
locations.
  The second amendment would require an analysis of the number of 
additional Customs and Border Protection officers and agents needed to 
properly staff the northern border. Persistent staffing shortages have 
resulted in wait times that discourage economic activity while also 
leaving us vulnerable to a number of threats.
  That is why I was disappointed that this language was weakened during 
negotiations with the Senate. Having accurate information on the number 
of personnel required to detect illicit activity while facilitating 
legitimate trade and travel is vital. It is my hope that analysis on 
staffing requirements is included in forthcoming legislation.
  H.R. 455 will help ensure that we better understand the threats 
facing the northern border so we can understand how best to address 
them. With that in mind, I urge my colleagues to support this important 
bill.
  I reserve the balance of my time.
  Mr. KATKO. Mr. Speaker, if the gentleman from New York has no further 
speakers, I am prepared to close once the gentleman does.
  Mr. HIGGINS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. I thank the gentleman from New York (Mr. Higgins), 
the gentleman from Texas (Mr. Vela), and the gentleman from New York 
(Mr. Katko) for their great leadership.
  Mr. Speaker, the good news is that we on the Committee on Homeland 
Security work together very well on many of these issues.
  I rise to support the Northern Border Security Review Act, H.R. 455. 
My colleague from Texas (Mr. Vela) is the ranking member. I am 
delighted to be able to support a bill that captures all of what we 
have been speaking of over the years.
  As a member of Homeland Security, there are two borders. There is the 
southern border, for which I certainly have concern, as a 
Representative from Texas, but there is also the northern border. I am 
glad to say I have been to the northern border, walked along the 
northern border.
  Let me say thank you for the aspects of this bill. H.R. 455 directs 
the Secretary of Homeland Security to submit a classified northern 
border threat analysis on terrorism threats posed by individuals 
seeking to enter the United States, improvements needed at ports of 
entry, gaps in law, policy, international agreements, illegal cross-
border activity, and the scope of the border security challenges.
  This is a complete picture of the Nation's border, including whether 
additional preclearance and preinspection by CBP at ports of entry 
along the northern border could help prevent terrorists and their 
instruments from entering the United States.
  Canada has been a longstanding friend. I believe anytime that we can 
enhance both the relationship and the security of the U.S.-Canadian 
border, the northern border, it is a very positive step forward for the 
Nation's security.
  Mr. Speaker, I ask my colleagues to join me in supporting H.R. 455, 
the Northern Border Security Review Act.
  Mr. Speaker, as a senior member of the Homeland Security, a former 
ranking member of its Border and Maritime Security Subcommittee, and a 
co-sponsor, I rise today in strong support of H.R. 455, the ``Northern 
Border Security Review Act.''
  I would like to thank Chairman McCaul and Ranking Member Thompson of 
the Homeland Security Committee and Chairman Miller and Ranking Member 
Vela of the Border and Maritime Security Subcommittee for their work on 
this vital legislation.
  Their leadership, coupled with input from members of the Homeland 
Security Committee and the Border and Maritime Security Subcommittee, 
have helped make this common sense legislation a reality.
  I very much appreciate the bipartisan spirit Chairman Miller has 
displayed as we worked together on many border security initiatives 
over the past several years.
  The security of the Northern Border is an important area of concern 
in the effort to secure our homeland and keep it safe from those who 
would do us harm.


                             Bill Overview

  H.R. 455 directs the Secretary of Homeland Security to submit a 
classified northern border threat analysis, which shall include 
analyses of:
  1. terrorism threats posed by individuals seeking to enter the United 
States through the northern border;
  2. improvements needed at ports of entry along the northern border to 
prevent terrorists and instruments of terror from entering the United 
States;
  3. gaps in law, policy, international agreements, or tribal 
agreements that hinder the border security and counterterrorism efforts 
along the northern border;
  4. illegal cross border activity between ports of entry, including 
the maritime borders of the Great Lakes;
  5. the scope of border security challenges that shall include the 
terrain, population density, and climate along the northern border; and
  6. whether additional preclearance and pre-inspection by the CBP at 
ports of entry along the northern border could help prevent terrorists 
and their instruments from entering the United States.


                           Canada-U.S. Border

  Mr. Speaker, at 5,524 miles, the border separating Canada and United 
States is the longest contiguous international border in the world.
  In contrast, the border separating the United States and Mexico is 
only Mexico border is only 1,951 miles long.
  The border with Canada is significantly easier to cross, due to less 
Border Patrol personnel.
  The United States has approximately 1,000 Border Patrol agents 
assigned to the northern border but more than 11,000 patrolling its 
southern border with Mexico.


                     Travel between Canada and U.S.

  In 2009, there were 39,254,000 trips by Canadians to the United 
States.
  In 2010, 20,213,500 Americans traveled to Canada from the United 
States.
  Over 15,700,000 people flew on commercial flights between Canada and 
the U.S. in 2010.


                  Canadian Illegal Immigrants in U S.

  Current estimates show there to be around 600,000 undocumented 
Canadian immigrants working in the United States.
  Canadian citizens are not required to obtain visas; instead as 
Canadian citizens they are eligible for visa waivers which do not 
expire for six months.


                               Conclusion

  Mr. Speaker, the security of homeland requires that we have increased 
situational awareness and resources to respond to threats on the 
nation's northern, as well as southern border.
  H.R. 455 makes a positive contribution in this effort and I urge all 
Members to join me in voting for its passage.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  I briefly just want to thank the gentlewoman from Texas (Ms. Jackson 
Lee) and the gentleman from New York (Mr. Higgins) for their comments. 
They echo the sentiments that I believe firmly, that the Homeland 
Security Subcommittee is probably the most bipartisan committee in 
Congress. It is an honor to be a part of it. It is an honor to serve 
with my colleagues I just mentioned and the others.
  Every single bill we have has bipartisan support. Every single bill 
seems to be like we are all on the same page, and that is really 
important when we have national security issues at hand.
  I reserve the balance of my time.
  Mr. HIGGINS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, too often in Congress our debate on border security is 
long on political rhetoric and short on substance. Development of a 
substantive and thorough analysis of border security threats is 
essential to decisionmaking at all levels about how best to respond. 
This bill will help us do just that.
  I urge my colleagues to support H.R. 455, the Northern Border 
Security Review Act, to help us understand and ultimately address any 
threats along our border with Canada.
  I yield back the balance of my time.
  Mr. KATKO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I once again urge my colleagues to support H.R. 455. 
This bill is going to form the foundation for properly securing the 
northern border once and for all.
  While our Canadian brothers and sisters are indeed our friends, the 
fact remains that bad people in Canada are intent on coming to the 
United States and vice versa and are intent on doing

[[Page H7319]]

harm here. We must secure our borders.
  Having a 98 percent open border with Canada is absolutely 
unacceptable. This bill is the first step in moving towards securing 
that border in a proper manner by making sure that we do a proper 
analysis once and for all, which I am not sure has ever been done in 
this manner.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Katko) that the House suspend the rules 
and pass the bill, H.R. 455, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________