[House Report 114-232]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {      114-232

======================================================================



 
                  NORTHERN BORDER SECURITY REVIEW ACT

                                _______
                                

 July 28, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 455]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 455) to require the Secretary of Homeland 
Security to conduct a northern border threat analysis, and for 
other purposes, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
      Purpose and Summary.............................................2
      Background and Need for Legislation.............................2
      Hearings........................................................3
      Committee Consideration.........................................3
      Committee Votes.................................................3
      Committee Oversight Findings....................................3
      New Budget Authority, Entitlement Authority, and Tax Expenditure3
      Congressional Budget Office Estimate............................3
      Statement of General Performance Goals and Objectives...........4
      Duplicative Federal Programs....................................4
      Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
      Benefits........................................................4
      Federal Mandates Statement......................................5
      Preemption Clarification........................................5
      Disclosure of Directed Rule Makings.............................5
      Advisory Committee Statement....................................5
      Applicability to Legislative Branch.............................5
      Section-by-Section Analysis of the Legislation..................5
      Changes in Existing Law Made by the Bill, as Reported...........6

    The amendment is 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. NORTHERN BORDER THREAT ANALYSIS.

  (a) In General.--Not later than six months 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. Such analysis, at a minimum, shall include the following:
          (1) An analysis of current and potential terrorism threats 
        posed by individuals seeking to enter the United States through 
        the northern border.
          (2) An analysis of improvements needed at ports of entry 
        along the northern border to prevent terrorists and instruments 
        of terror from entering the United States.
          (3) An analysis of the number of additional U.S. Customs and 
        Border Protection agents and officers needed at and between 
        ports of entry along the northern border.
          (4) An analysis of gaps in law, policy, international 
        agreements, or tribal agreements that hinder the border 
        security and counterterrorism efforts along the northern 
        border.
          (5) An analysis of illegal cross border activity between 
        ports of entry, including the maritime borders of the Great 
        Lakes.
          (6) An analysis of the scope of border security challenges 
        that shall include the terrain, population density, and climate 
        along the northern border.
          (7) An analysis of whether additional preclearance and pre-
        inspection by U.S. Customs and Border Protection at ports of 
        entry along the northern border could help prevent terrorists 
        and their instruments from entering the United States.
  (b) Classified Threat Analysis.--The threat analysis required under 
subsection (a) may be submitted in classified form, if the Secretary of 
Homeland Security determines that such is appropriate.

                          Purpose and Summary

    H.R. 455 requires the Secretary of Homeland Security to 
submit to the appropriate congressional committees, within six 
months from the date of enactment of this Act, a northern 
border threat analysis. The threat analysis must include an 
analysis of current and potential terrorist threats posed by 
individuals seeking to enter the United States through the 
northern border; an analysis of improvements needed at ports of 
entry along the northern border to prevent terrorists and 
instruments of terror from crossing the border; an analysis of 
gaps in law, policy, international agreements, or tribal 
agreements that hinder border security efforts along the 
northern border; an analysis of unlawful cross border activity 
between ports of entry, including the maritime border of the 
Great lakes; an analysis of the terrain, population density, 
and climate; and an analysis of adding new preclearance and 
pre-inspection locations.

                  Background and Need for Legislation

    The Department of Homeland Security has never before 
conducted a threat analysis for the Northern border, which 
would help inform future homeland security resourcing needs. 
Due to the vast expanse along the 4,000 miles of the Northern 
border, it would be cost prohibitive to allocate enforcement 
resources using a brute force model of additional agents, 
technology, and infrastructure in an ad hoc fashion.
    A more cost-effective approach to resource allocation on 
the Northern border would be to first analyze the security gaps 
and most pressing needs to inform the location and type of 
solutions required to secure the Northern border.

                                Hearings

    No hearings were held on H.R. 455.

                        Committee Consideration

    The Committee met on June 23, 2015, to consider H.R. 455, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by voice vote. The 
Committee took the following actions:
    The following amendments were offered:

 An amendment offered by Mr. Vela consisting of an amendment by 
Ms. Jackson Lee (#1); was AGREED TO by voice vote.
     Page 2, after line 16, insert the following:
     (5) An analysis of the scope of border security challenges that 
shall include the terrain, population density, and climate along the 
northern border.

 An en bloc amendment offered by Mr. Higgins (#2); was AGREED 
TO by voice vote.
     Consisting of the following amendments:
     Page 2, line 10, insert the following (and redesignate subsequent 
paragraphs accordingly):
     (3) An analysis of the number of additional U.S. Customs and 
Border Protection agents and officers needed at and between ports of 
entry along the northern border.

     (5) An analysis of whether additional preclearance and pre-
inspection by U.S. Customs and Border Protection at ports of entry 
along the northern border could help prevent terrorists and their 
instruments from entering the United States.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 455.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
455, the Northern Border Security Review Act, would result in 
no new or increased budget authority, entitlement authority, or 
tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 8, 2015.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 455, the Northern 
Border Security Review Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Mark 
Grabowicz and Ben Christopher.
            Sincerely,
                                                        Keith Hall.
            Enclosure.

H.R. 455--Northern Border Security Review Act

    H.R. 455 would require the Department of Homeland Security 
(DHS) to conduct an analysis of potential threats and security 
gaps along the northern border of the United States. Based on 
information from DHS, CBO estimates that implementing H.R. 455 
would cost about $1 million in 2016, assuming appropriation of 
the necessary amounts. Because enacting the legislation would 
not affect direct spending or revenues, pay-as-you-go 
procedures do not apply.
    H.R. 455 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contacts for this estimate are Mark Grabowicz 
and Ben Christopher. The estimate was approved by Theresa 
Gullo, Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 455 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    The general performance goal or objective of this bill is 
to ensure the Secretary of Homeland Security conducts a 
comprehensive threat assessment of the Northern Border that 
would inform future homeland security resourcing needs on the 
Northern Border.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 455 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 455 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 455 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.

    This section provides that bill may be cited as the 
``Northern Border Security Review Act''.

Section 2.   Northern Border Threat Analysis.

            Subsection (a)   In General.
    This section requires the Secretary of Homeland Security to 
submit to the appropriate congressional committees, within six 
months from the date of enactment of this Act, a northern 
border threat analysis. The threat analysis shall include, at a 
minimum, an analysis of current and potential terrorist threats 
posed by individuals seeking to enter the United States through 
the northern border; the number of U.S. Customs and Border 
Protection (CBP) personnel needed; an analysis of improvements 
needed at ports of entry along the northern border to prevent 
terrorists and instruments of terror from crossing the border; 
an analysis of gaps in law, policy, international agreements, 
or tribal agreements that hinder border security efforts along 
the northern border; an analysis of unlawful cross border 
activity between ports of entry, including the maritime border 
of the Great lakes; an analysis of the terrain, population 
density and climate; and an analysis of adding new preclearance 
and pre-inspection locations.
    The Committee recognizes that while there is significant 
attention paid to the security of the southern border of the 
United States, there are also real security threats to the 
northern border, which cannot be neglected. The Committee 
believes a threat analysis of the unique challenges along the 
northern border is necessary to better determine appropriate 
capability deployment. While the Committee recognizes that 
other analysis have focused on drug smuggling, the type of 
analysis required in this bill will better provide CBP with the 
foundation needed to ensure adequate security coverage, at and 
between the ports of entry, along the northern border and will 
provide Congress with the information necessary to conduct 
proper oversight.
            Subsection (b)   Classified Threat Analysis.
    Subsection (b) allows the threat analysis required be 
submitted in classified form if the Secretary deems it 
appropriate.
    The Committee expects that as much of the assessment as 
possible will be published in an unclassified and transparent 
form. The Committee understands, however, that this assessment 
will contain sensitive information and stresses the need to 
balance properly classifying material with the need to share 
such information and expects that it will be classified at the 
lowest appropriate classification.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 455 makes no changes to existing law.

                                  [all]