[Congressional Record Volume 162, Number 164 (Wednesday, November 16, 2016)]
[Senate]
[Page S6416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5108. Mr. McCONNELL (for Ms. Heitkamp) proposed an amendment to 
the bill S. 1808, to require the Secretary of Homeland Security to 
conduct a Northern Border threat analysis, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Northern Border Security 
     Review Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (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 the Judiciary of the Senate;
       (D) the Committee on Homeland Security of the House of 
     Representatives;
       (E) the Committee on Appropriations of the House of 
     Representatives; and
       (F) the Committee on the Judiciary of the House of 
     Representatives.
       (2) Northern border.--The term ``Northern Border'' means 
     the land and maritime borders between the United States and 
     Canada.

     SEC. 3. NORTHERN BORDER THREAT ANALYSIS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a Northern Border threat analysis to the 
     appropriate congressional committees that includes--
       (1) current and potential terrorism and criminal threats 
     posed by individuals and organized groups seeking--
       (A) to enter the United States through the Northern Border; 
     or
       (B) to exploit border vulnerabilities on the Northern 
     Border;
       (2) improvements needed at and between ports of entry along 
     the Northern Border--
       (A) to prevent terrorists and instruments of terrorism from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods, illicit drugs, and smuggled and 
     trafficked persons moved in either direction across to the 
     Northern Border;
       (3) gaps in law, policy, cooperation between State, tribal, 
     and local 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) whether additional U.S. Customs and Border Protection 
     preclearance and preinspection 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, tribal, and local law enforcement in 
     general border security activities;
       (4) the need for cooperation among Federal, State, tribal, 
     local, and Canadian law enforcement entities relating to 
     border security;
       (5) the terrain, population density, and climate along the 
     Northern Border; and
       (6) the needs and challenges of Department facilities, 
     including the physical approaches to such facilities.
       (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 that such form is 
     appropriate for that portion.
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