[Senate Report 114-155]
[From the U.S. Government Publishing Office]
Calendar No. 269
114th Congress } { Report
SENATE
1st Session } { 114-155
_______________________________________________________________________
NORTHERN BORDER SECURITY REVIEW ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1808
TO REQUIRE THE SECRETARY OF HOMELAND SECURITY TO
CONDUCT A NORTHERN BORDER THREAT ANALYSIS, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 19, 2015.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2015
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona THOMAS R. CARPER, Delaware
ROB PORTMAN, Ohio CLAIRE McCASKILL, Missouri
RAND PAUL, Kentucky JON TESTER, Montana
JAMES LANKFORD, Oklahoma TAMMY BALDWIN, Wisconsin
MICHAEL B. ENZI, Wyoming HEIDI HEITKAMP, North Dakota
KELLY AYOTTE, New Hampshire CORY A. BOOKER, New Jersey
JONI ERNST, Iowa GARY C. PETERS, Michigan
BEN SASSE, Nebraska
Keith B. Ashdown, Staff Director
Christopher R. Hixon, Chief Counsel
David S. Luckey, Director of Homeland Security
William H.W. McKenna, Chief Counsel for Homeland Security
Brooke N. Ericson, Deputy Chief Counsel for Homeland Security
Gabrielle A. Batkin, Minority Staff Director
John P. Kilvington, Minority Deputy Staff Director
Mary Beth Schultz, Minority Chief Counsel
Holly A. Idelson, Minority Senior Counsel
Stephen R. Vina, Minority Chief Counsel for Homeland Security
Laura W. Kilbride, Chief Clerk
Calendar No. 269
114th Congress } { Report
SENATE
1st Session } { 114-155
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NORTHERN BORDER SECURITY REVIEW ACT
_______
October 19, 2015.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1808]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1808) 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 in the nature
of a substitute and recommends that the bill, as amended, do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5
I. PURPOSE AND SUMMARY
The purpose of S. 1808, the Northern Border Security Review
Act, is to improve the security of the northern border by
requiring the Secretary of Homeland Security (``the
Secretary'') to submit a northern border threat analysis to
Congress. This threat analysis will focus on the threats posed
to the northern border by current and potential terrorist and
criminal organizations; improvements needed at and between the
ports of entry on the northern border, including the maritime
border; and vulnerabilities in law, policy, and cooperation
among law enforcement entities that threaten effective and
efficient border security along the northern border.
II. BACKGROUND AND THE NEED FOR LEGISLATION
The U.S. and Canada share the longest common border in the
world.\1\ This border, which is over 5,500 miles long, spans a
diverse range of terrains and climates and includes
metropolitan areas as well as large swaths of unpopulated
areas.\2\
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\1\U.S. Dep't of Homeland Sec., Northern Border Strategy 4 (2012)
[hereinafter Northern Border Strategy], available at http://
www.dhs.gov/xlibrary/assets/policy/dhs-northern-border-strategy.pdf.
\2\Id. at 1.
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There are currently 2,093 Border Patrol agents and 3,600
Office of Field Operations officers stationed on the northern
border.\3\ Due to the large size of the border and the
relatively small number of agents patrolling it, drug smugglers
and other traffickers have been able to move illicit goods
across the northern border in both directions. For instance,
cocaine from South America travels north across the United
States to the U.S.-Canada border while ecstasy and marijuana
flow south to U.S. markets from Canada. Sometimes the two are
traded directly, in integrated ``double exchanges.''\4\ Other
unlawful traffic crossing the northern border includes guns,
cigarettes and other goods, as well as unlawful immigration.
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\3\U.S. Border Patrol, Border Patrol Agent Staffing by Fiscal Year
(2014), available at http://www.cbp.gov/sites/default/files/documents/
BP%20Staffing%20FY1992-FY2014_0.pdf.
\4\David Rodriguez, Nw. High Intensity Drug Trafficking Area,
Washington State 2015: Northern Border Report 6 (2015) in Securing the
Border: Understanding Threats and Strategies for the Northern Border:
Hearing Before the S. Comm. on Homeland Sec. & Governmental Affairs,
114th Cong. (2015) (statement of David Rodriguez, Director, Nw. High
Intensity Drug Trafficking Area, Office of Nat'l Drug Control Policy).
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Some experts also believe that terrorists could exploit
vulnerabilities along our northern border to carry out an
attack on the U.S.\5\ In 2011, Alan Bersin, former U.S. Customs
and Border Protection (CBP) Commissioner, told the Senate
Judiciary Committee that, in regards to terrorism, ``it's
commonly accepted that the more significant threat comes from
the U.S.-Canada border'' rather than the U.S.-Mexico border.\6\
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\5\Garrett M. Graff, Fear Canada: The Real Terrorist Threat Next
Door, Politico Magazine, Oct. 16, 2014, http://www.politico.com/
magazine/story/2014/10/fear-canada-not-mexico-111919.html.
\6\Improving Security and Facilitating Commerce at America's
Northern Border and Ports of Entry: Hearing Before the Subcomm. on
Immigration, Refugees and Border Security of the S. Comm. on Judiciary,
112th Cong. (2011) (statement of Alan Bersin, Commissioner, U.S.
Customs and Border Prot.).
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That sentiment was echoed by recent testimony in front of
the Senate Homeland Security and Governmental Affairs
Committee.\7\ In describing how transnational criminal
organizations often take the path of least resistance, John
Torres, the former Acting Director at U.S. Immigration and
Customs Enforcement (ICE) stated, ``Some of these organizations
will take a look at Canada and see that it is easier to get to
Canada, and from there they can make their way to the United
States.''\8\ General Barry McCaffrey, USA (ret.) stated that
while getting into Canada would not be easy in and of itself,
once you are in Canada, ``clearly you can get into the United
States much more easily from that direction.''\9\
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\7\See Securing the Border: Assessing the Impact of Transnational
Crime: Hearing Before the S. Comm. on Homeland Sec. & Governmental
Affairs, 114th Cong. (2015).
\8\Id. (statement of John P. Torres, Former Acting Director, U.S.
Immigration and Customs Enf't).
\9\Id. (statement of General Barry R. McCaffrey, USA (Ret.), Former
Director, Office of Nat'l Drug Control Policy).
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In 2012, the Department of Homeland Security (DHS) released
its Northern Border Strategy. The Strategy identifies three key
goals: (1) deterring and preventing terrorism, smuggling,
trafficking, and illegal immigration; (2) safeguarding and
encouraging the efficient flow of lawful trade, travel, and
immigration; and (3) ensuring community resiliency before,
during, and after terrorist attacks and other disasters.\10\
CBP also completed a joint threat assessment of the northern
border with Canada in 2010, ``highlight[ing] the commitment of
the two countries to identify and mitigate potential threats
along our shared border, where there is potential for terrorism
and transnational organized crime.''\11\
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\10\Northern Border Strategy, supra note, at 1.
\11\See Securing the Border: Understanding Threats and Strategies
for the Northern Border: Hearing Before the S. Comm. on Homeland Sec. &
Governmental Affairs, 114th Cong. (2015) (statement of Michael Fisher,
Chief, U.S. Border Patrol, U.S. Customs and Border Protection & John
Wagner, Deputy Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection).
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A recent Committee hearing uncovered that the threat along
our northern border has increased significantly since 2012.\12\
The last two years have seen the rise of the Islamic State of
Iraq and the Levant (ISIL) and the ability of ISIL to recruit
foreign fighters who are not necessarily on terrorist watch
lists. Canada has already experienced the dangers associated
with homegrown terrorism, when in October, 2014, a Canadian
from Quebec killed a soldier at the National War Monument in
Ottawa before attempting to attack the Canadian parliament
building.\13\ Incidents like this one underscore the importance
of securing the northern border against a multitude of threats.
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\12\See id.
\13\Philip Sherwell, Canadian Killer was Recent Convert to Islam
Identified as Terror Risk, The Telegraph, Oct. 23, 2014, available at
http://www.telegraph.co.uk/news/worldnews/north america/canada/
11181394/Soldier-killed-as-gunman-brings-terror-to-Canadian-
Parliament.html.
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Given the consistent testimony in front of this Committee
regarding the ever-changing threat environment the U.S. finds
itself in, it is clear that there is a need for additional
analysis of the threats to the northern border. This threat
analysis will help Congress and DHS better understand the
problems we are facing along the northern border, enabling more
informed solutions.
III. LEGISLATIVE HISTORY
Senators Heidi Heitkamp, Kelly Ayotte, Gary Peters, and Ron
Johnson introduced S. 1808 on July 21, 2015, which was referred
to the Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 1808 at a business meeting on July
29, 2015. Senator Heitkamp offered one amendment in the nature
of a substitute, including ``human smuggling'' as part of the
northern border security review. The Committee adopted the
amendment and ordered the bill, as amended, reported favorably,
both by voice vote. Senators present for the vote on the
amendment and the bill were: Johnson, Portman, Lankford, Ernst,
Sasse, Carper, Baldwin, Heitkamp, and Peters.
IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section provides the bill's short title, the
``Northern Border Security Review Act.''
Section 2. Definitions
This section defines several terms, including ``appropriate
congressional committees'' and ``Northern Border.''
Section 3. Northern border threat analysis
Subsection (a) requires the Secretary of Homeland Security
to submit a northern border threat analysis to Congress not
later than 180 days after the date of enactment of this Act.
The threat analysis shall include current and potential
terrorism and criminal threats posed by individuals and groups;
improvements needed at and between ports of entry along the
northern border; and an analysis of the vulnerabilities in law,
policy, and interagency cooperation that hinder effective and
efficient border security.
Subsection (b) provides that for the threat analysis the
Secretary shall consider technology needs and challenges;
personnel needs and challenges; the role of State, tribal, and
local law enforcement in border security activities; the need
for cooperation among Federal, State, tribal, local, and
Canadian law enforcement entities relating to border security;
and the geographic challenges of the northern border.
Subsection (c) requires the Secretary to submit the threat
analysis in unclassified form but authorizes the Secretary to
supplement the analysis in a classified annex, if appropriate.
V. EVALUATION OF REGULATORY IMPACT
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
August 11, 2015.
Hon. Ron Johnson, Chairman.
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1808, the Northern
Border Security Review Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
S. 1808--Northern Border Security Review Act
S. 1808 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 S. 1808
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.
S. 1808 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.
On July 8, 2015, CBO transmitted a cost estimate for H.R.
455, the Northern Border Security Review Act, as ordered
reported by the House Committee on Homeland Security on June
25, 2015. The two bills are similar and CBO's estimates of the
budgetary effects are the same.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
Because S. 1808 would not repeal or amend any provision of
current law, it would make no changes in existing law within
the meaning of clauses (a) and (b) of paragraph 12 of rule XXVI
of the Standing Rules of the Senate.
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