[Congressional Record Volume 162, Number 164 (Wednesday, November 16, 2016)]
[Senate]
[Pages S6417-S6418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NORTHERN BORDER SECURITY REVIEW ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 269, S. 1808.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1808) to require the Secretary of Homeland 
     Security to conduct a Northern Border threat analysis, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof 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 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.

     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 ports of entry along the 
     Northern Border--
       (A) to prevent terrorists and instruments of terror from 
     entering the United States; and
       (B) to reduce criminal activity, as measured by the total 
     flow of illegal goods and illicit drugs, related to the 
     Northern Border;

[[Page S6418]]

       (3) improvements needed between ports of entry along the 
     Northern Border, including the maritime borders of the Great 
     Lakes--
       (A) to prevent terrorists and instruments of terror from 
     entering the United States; and
       (B) to reduce criminal activity related to the Northern 
     Border; and
       (4) vulnerabilities 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 
     trafficking efforts, and the flow of legitimate trade along 
     the Northern Border.
       (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; and
       (5) the geographic challenges of 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 that such form is 
     appropriate for that portion.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be withdrawn, that the Heitkamp 
substitute amendment be agreed to, that the bill, as amended, be read a 
third time and passed, and the motion to reconsider be considered made 
and laid upon the table with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported substitute amendment was withdrawn.
  The amendment (No. 5108) in the nature of a substitute was agreed to, 
as follows:

                (Purpose: In the nature of a substitute)

       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.
  The bill (S. 1808), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1808

       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. 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.

                          ____________________