[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

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



 
                  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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.

                                  [all]