[Senate Report 118-119]
[From the U.S. Government Publishing Office]
Calendar No. 257
_______________________________________________________________________
118th Congress } { Report
SENATE
1st Session } { 118-119
_______________________________________________________________________
NORTHERN BORDER COORDINATION ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2291
TO ESTABLISH THE NORTHERN BORDER COORDINATION
CENTER, AND FOR OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 30, 2023.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
JON OSSOFF, Georgia RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Megan M. Krynen, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 257
118th Congress } { Report
SENATE
1st Session } { 118-119
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NORTHERN BORDER COORDINATION ACT
_______
November 30, 2023.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2291]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2291) to establish
the Northern Border Coordination Center, 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 of the Bill, as Reported............5
V. Evaluation of Regulatory Impact.................................6
VI. Congressional Budget Office Cost Estimate.......................7
VII. Changes in Existing Law Made by the Bill, as Reported...........8
I. PURPOSE AND SUMMARY
S. 2291, the Northern Border Coordination Act, will address
the security challenges of the northern border by directing the
Secretary of Homeland Security to establish a Northern Border
Coordination Center. The Center will serve as the Department of
Homeland Security's (DHS) forward deployed, centralized,
coordination center for operations, domain awareness,
information sharing, intelligence, training, and stakeholder
engagement along the northern border. This legislation also
supports the implementation of DHS's Northern Border Strategy.
The Center will collocate additional DHS personnel and
activities with existing Department resources. The Center will
serve as a site to support testing and development of
technology that can operate in the northern border and maritime
environment, enhance domain awareness, and respond to the
increasing threat of cross-border unmanned aircraft system
(UAS) incursions. The bill will also ensure additional air and
maritime domain awareness along the northern border by
requiring dedicated monitoring of northern border systems and
requiring that U.S. Customs and Border Protection's (CBP) Air
and Marine Operations (AMO) establish and maintain quick
reaction capabilities. The Center will also track border
security metrics, serve as a training location for DHS
personnel and other government partners, operate as a testing
ground and demonstration location for the testing of border
security technology. Finally, this bill includes reporting
requirements to Congress regarding the Center's activities and
the temporary duty assignments of U.S. Border Patrol agents.
II. BACKGROUND AND THE NEED FOR LEGISLATION
The northern border of the United States with Canada spans
5,525 miles, making it the longest international boundary
between two countries in the world.\1\ In addition to its
significant span, the varying geographic, environmental, and
demographic attributes along the northern border make it a
complex operational environment for DHS.\2\
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\1\Department of Homeland Security, Northern Border Strategy (June
12, 2018) (www.dhs.gov/sites/default/files/publications/
18_0612_PLCY_DHS-Northern-Border-Strategy.pdf).
\2\Department of Homeland Security, Northern Border Strategy (June
2012) (www.dhs.gov/sites/default/files/publications/dhs-northern-
border-strategy.pdf).
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In carrying out its border security mission, the Department
must adapt to evolving threats and operational challenges, such
as illicit cross-border UAS activity and transnational criminal
organization activities, like the smuggling or trafficking of
humans and drugs.\3\ Specifically, along the northern border
there have been instances of the cross-border use of drones to
smuggle firearms as well as the use of submersible vessels and
scuba equipment to smuggle drugs and bulk cash.\4\ Consistent
with increased migration trends around the world, some sectors
along the northern border have seen record high numbers of
apprehensions and encounters of migrants.\5\ To address new
threats and challenges and gain additional domain awareness,
DHS utilizes various forms of technology, which in some cases,
need to be adapted to withstand the conditions along the
northern border.\6\ In a 2019 report, the Government
Accountability Office noted gaps in technology and capabilities
along the northern border.\7\
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\3\Department of Homeland Security, The Third Quadrennial Homeland
Security Review (Apr. 2023) (www.dhs.gov/sites/default/files/2023-04/
23_0420_plcy_2023-qhsr.pdf); Senate Committee on Homeland Security and
Governmental Affairs, Testimony Submitted for the Record of Acting
Assistant Secretary for Counterterrorism, Threat Prevention, and Law
Enforcement Samantha Vinograd, Department of Homeland Security, Hearing
on Protecting the Homeland from Unmanned Aircraft Systems, 117th Cong.
(July 14, 2022) (S. Hrg. 117-XX).
\4\Drone Carrying 11 Illegal Handguns Over Border Foiled By Tree,
Newsweek (May 3, 2022) (www.newsweek.com/drone-carrying-11-illegal-
handguns-over-border-foiled-tree-1703099); United States Attorney's
Office, Eastern District of Michigan: Canadian Man Sentenced on Drug
and Immigration Offenses (Mar. 3, 2021).
\5\U.S. Customs and Border Protection: Border Patrol's Swanton
Sector Apprehensions & Encounters Reach Historic High (Feb. 13, 2023).
\6\Senate Committee on Appropriations, Questions for the Record to
Secretary Alejandro N. Mayorkas, Department of Homeland Security,
Hearing on Domestic Violent Extremism in America, 117th Cong. (May 12,
2021) (S. Hrg. 117-490).
\7\Government Accountability Office, Northern Border Security: CBP
Identified Resource Challenges but Needs Performance Measures to Assess
Security Between Ports of Entry (GAO-19-470) (June 2019).
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In 2018, DHS issued the most-recent version of a Northern
Border Strategy, to improve the Department's efforts to carry
out its missions, including securing the northern border from
threats and identifying and address capability gaps.\8\
Congress has acknowledged the importance of the strategy and
its implementation by requiring the Department to report on its
implementation, including cases where specific milestones have
not been achieved.\9\ The 2018 Northern Border Strategy
specified the need to strengthen coordination between federal,
state, local, tribal, and international partners, improve air
and maritime domain awareness, and increase the integration of
operations and collocation of capabilities.\10\ Accordingly,
the Northern Border Coordination Act requires the Secretary of
Homeland Security to establish the Northern Border Coordination
Center. The bill directs the Center to serve as DHS's forward
deployed centralized coordination center for operations, domain
awareness, information sharing, intelligence, training, and
stakeholder engagement for the northern border.
---------------------------------------------------------------------------
\8\Department of Homeland Security, Publication Library, Northern
Border Strategy (www.dhs.gov/archive/publication/northern-border-
strategy#: :text=The%20Northern%20Border
%20Strategy%20establishes,strengthen%20cross%2Dborder%20community%20resi
lience) (accessed Aug. 7, 2023).
\9\Explanatory Statement Submitted by Senator Patrick Leahy, Chair
of the Senate Committee on Appropriations, Regarding H.R. 2618,
Consolidated Appropriations Act, 2023, Division F--Department of
Homeland Security Appropriations Act, 2023, Northern Border Strategy
Implementation Plan, Congressional Record, S8557 (Dec. 20, 2022).
\10\Department of Homeland Security, Northern Border Strategy (June
12, 2018) (www.dhs.gov/sites/default/files/publications/
18_0612_PLCY_DHS-Northern-Border-Strategy.pdf).
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Further, the Northern Border Coordination Act directs the
Center to support DHS's operational components for the
implementation, evaluation, and updating of the Northern Border
Strategy as well as the development and tracking of northern
border security metrics. To address technology challenges,
including the suitability and performance of technology in the
northern border environment, the bill directs the Center to
identify technological needs or challenges and serve as testing
ground and demonstration location for the testing of border
security technology. The Northern Border Coordination Act also
requires CBP's AMO to establish and maintain capabilities
available for quick deployment in support of northern border
missions and other CBP and Department activities. Additionally,
the bill requires AMO's Air and Marine Operations Center to
dedicate personnel and resources to support air and maritime
domain awareness and information sharing efforts along the
northern border, ensure dedicated monitoring of northern border
systems, and lead the Center's efforts to track and monitor
legitimate cross-border UAS traffic. The bill establishes the
Center as an entity that is distinct but complementary to the
Secretary's existing authorities to coordinate department
activities across components.
III. LEGISLATIVE HISTORY
Senator Gary Peters (D-MI) introduced S. 2291, the Northern
Border Coordination Act, on July 13, 2023, with original
cosponsor Senator Susan Collins (R-ME). The bill was referred
to the Committee on Homeland Security and Governmental Affairs.
The Committee considered S. 2291 at a business meeting on
July 26, 2023. At the business meeting, Senator Peters offered
a substitute amendment to the bill as well as a modification to
the substitute amendment. The Peters substitute amendment as
modified made technical changes, incorporated DHS feedback, and
added a requirement for quarterly reports to Congress regarding
temporary duty assignments. The Committee adopted the
modification to the Peters substitute amendment by unanimous
consent, with Senators Peters, Hassan, Sinema, Rosen, Padilla,
Ossoff, Blumenthal, Paul, Romney, Scott, Hawley, and Marshall
present. The Peters substitute amendment, as modified, was
adopted by unanimous consent with Senators Peters, Hassan,
Sinema, Rosen, Padilla, Ossoff, Blumenthal, Paul, Romney,
Scott, Hawley, and Marshall present.
Senator Paul offered an amendment to the bill prohibiting
additional funds from being authorized to be appropriated to
carry out the legislation. The Committee did not adopt the Paul
amendment by a roll call vote of 6 yeas and 9 nays, with
Senators Paul, Romney, Scott, and Hawley voting in the
affirmative, and Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, and Marshall voting in the
negative. Senators Johnson and Lankford voted yea by proxy, and
Senator Carper voted nay by proxy.
Senator Paul offered an amendment to the bill imposing a 2-
year sunset date. The Committee did not adopt the Paul
amendment by a roll call vote of 5 yeas and 10 nays, with
Senators Paul, Scott, and Hawley voting in the affirmative, and
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff,
Blumenthal, Romney, and Marshall voting in the negative.
Senators Johnson and Lankford voted yea by proxy and Senator
Carper voted nay by proxy.
Senator Paul offered an amendment to the bill requiring the
DHS Secretary, CBP Commissioner, and Administrator of the Drug
Enforcement Administration to submit to an annual hearing
before the Committee and the House Committee on Homeland
Security regarding the status of border security in the United
States. The Committee did not adopt the Paul amendment by a
roll call vote of 7 yeas and 8 nays, with Senators Paul,
Lankford, Romney, Scott, Hawley, and Marshall voting in the
affirmative, and Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, and Blumenthal voting in the negative. Senator
Johnson voted yea by proxy and Senator Carper voted nay by
proxy.
Senator Scott offered an amendment to the bill requiring
that, prior to a Border Patrol agent being detailed to the
Northern Border Coordination Center, the CBP Commissioner must
certify to the Committee and the House Committee on Homeland
Security that such action will not negatively impact the
ability of Border Patrol to maintain operational control of the
southern border. The Committee did not adopt the Scott
amendment by a roll call vote of 7 yeas and 8 nays, with
Senators Paul, Romney, Scott, Hawley, and Marshall voting in
the affirmative, and Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, and Blumenthal voting in the negative.
Senators Johnson and Lankford voted yea by proxy and Senator
Carper voted nay by proxy.
The bill, as amended by the Peters substitute amendment as
modified, was ordered reported favorably by roll call vote of
12 yeas and 1 nay, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, Hawley,
and Marshall voting in the affirmative, and Senator Scott
voting in the negative. Senators Carper and Johnson voted yea
by proxy, for the record only.
IV. SECTION BY SECTION ANALYSIS OF THE BILL, AS REPORTED
Section 1. Short title
This section establishes the short title of the bill as the
``Northern Border Coordination Act.''
Section 2: Definitions
This section defines the terms ``Center,'' ``Department,''
``northern border,'' and ``Secretary.''
Section 3: Northern border coordination center
Subsection (a) directs the DHS Secretary to establish the
Northern Border Coordination Center no later than one year
after the bill's enactment.
Subsection (b) outlines the purposes of the Center. The
subsection directs the Center to serve as DHS's forward
deployed centralized coordination center for operations, domain
awareness, information sharing, intelligence, training, and
stakeholder engagement. It also specifies that the Center shall
be placed along the northern border and collocated with a
Border Patrol sector headquarters, an Air and Marine operations
branch, a U.S. Coast Guard (USCG) air station, and other
existing DHS activities.
Subsection (c) describes the components of the Center. This
subsection directs the Center to collocate the personnel and
activities of CBP, the USCG, U.S. Immigration and Customs
Enforcement's Homeland Security Investigations, and other DHS
components and governmental partners the Secretary deems
necessary to support the operations described in this bill.
Subsection (d) describes the functions of the Center. The
subsection directs the Center to serve as a coordination
mechanism for operational components on the implementation,
evaluation, and updating of the Northern Border Strategy and
any successive strategy and to support the development of best
practices and policies for personnel in implementation of the
strategy. It directs the Center to serve as a training location
for DHS and other government partner personnel. The subsection
also directs the Center to collaborate with relevant components
of DHS, to: develop and track border security metrics, identify
resource and technological needs affecting border security, and
serve as a testing ground and demonstration location for the
testing of border security technology.
Additionally, this subsection also requires the CBP's AMO
to support the Center by: establishing and maintaining
capability that is collocated with the Center and available for
quick deployment in support of northern border missions and DHS
components, and evaluating requirements and making
recommendations to support the operations of large unmanned
aircraft systems. The subsection requires the Air and Marine
Operations Center to collocate personnel and resources at the
Center to enhance DHS's capabilities to: support air and
maritime domain awareness and information sharing efforts;
provide dedicated monitoring of northern border systems; and
lead the Center's efforts to track and monitor legitimate
cross-border traffic involving UAS. This subsection also
requires the Center to support counter-UAS operations along the
northern border to respond to the increased use of UAS.
Finally, this subsection also requires the Center, in
collaboration with the Chief Privacy Officer and the Office for
Civil Rights and Civil Liberties of the Department, to ensure
that operations and practices of the Center comply with the
privacy and civil rights policies of DHS and its components.
Subsection (e) requires the Secretary to submit a report to
Congress that describes the activities of the Center no later
than 180 days after the establishment of the Center and
annually thereafter. This report must identify: personnel
levels, additional resources that are needed to support the
operations of the Center and northern border operations, and
any additional assets or authorities that are needed to
increase security and domain awareness along the northern
border.
Subsection (f) requires the Secretary submit a quarterly
report to Congress regarding temporary duty assignments of
Border Patrol agents during the reporting period, including:
the number of agents on temporary duty assignment, the duration
of the temporary duty assignment, and the sectors from which
the agents were assigned.
Subsection (g) provides a rule of construction that states
the Center shall be stablished separate and distinct from the
Secretary's authorities under section 708 of the Homeland
Security Act of 2002.
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
S. 2291 would require the Department of Homeland Security
(DHS) to establish a Northern Border Coordination Center along
the northern border of the United States within one year of
enactment. The center would be colocated with its component
units, including Customs and Border Protection (CBP), the Coast
Guard, and Immigration and Customs Enforcement and would
oversee northern border security activities, serve as a
training location and testing ground for new technology, and
support counter-unmanned aircraft operations. The bill also
would require CBP's Air and Marine Operations to maintain quick
deployment capabilities and impose various reporting
requirements.
In total, CBO estimates that implementing S. 2291 would
cost $84 million over the 2024-2028 period. Such spending would
be subject to the availability of appropriated funds. The costs
of the legislation, detailed in Table 1, fall within budget
function 750 (administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 2291
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By fiscal year, millions of dollars--
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2023 2024 2025 2026 2027 2028 2023-2028
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Estimated Authorization........................ 0 19 20 21 22 22 104
Estimated Outlays.............................. 40 10 15 18 20 21 84
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Based on the costs of similar inter-agency coordination
activities across DHS's component units, CBO estimates that DHS
would need 40 employees at a cost of $8 million in 2024. Using
information about DHS spending on nonpersonnel costs, such as
facilities, transportation, equipment maintenance, and supplies
and materials, CBO estimates that the department would incur an
additional $5 million in administrative costs in 2024.
Accounting for anticipated inflation, CBO estimates that
implementing S. 2291 would cost $70 million for administrative
and personnel costs over the 2024-2028 period.
In addition, CBO anticipates that DHS would need to upgrade
existing facilities to accommodate the center and the
additional personnel. Based on the timeline and costs of
similar projects, CBO estimates that those improvements would
cost $14 million over the 2024-2028 period. Finally, CBO
expects the bill's reporting requirements would cost less than
$500,000 over the 2024-2028 period, based on the costs of
similar activities.
The CBO staff contact for this estimate is Jeremy Crimm.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation would make no change in existing law,
within the meaning of clauses (a) and (b) of subparagraph 12 of
rule XXVI of the Standing Rules of the Senate, because this
legislation would not repeal or amend any provision of current
law.