[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

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



 
                    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    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
----------------------------------------------------------------------------------------------------------------
                                                              By fiscal year, millions of dollars--
                                                ----------------------------------------------------------------
                                                   2023     2024     2025     2026     2027     2028   2023-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization........................        0       19       20       21       22       22       104
Estimated Outlays..............................       40       10       15       18       20       21        84
----------------------------------------------------------------------------------------------------------------

    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.