U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–155 

Calendar No. 269 

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 

OCTOBER 19, 2015.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

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. VIN ̃ A, Minority Chief Counsel for Homeland Security 

LAURA W. KILBRIDE, Chief Clerk 


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Calendar No. 269 

114TH CONGRESS SENATE REPORT " ! 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. 


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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-borderstrategy.pdf. 2 Id. at 1. 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. 4DAVID 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). 5Garrett 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-mexico111919.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.). 7See 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). 

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

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. 

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

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

In 2012, the Department of Homeland Security (DHS) released 

its Northern Border Strategy. The Strategy identifies three key 


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10 NORTHERN BORDER STRATEGY, supra note, at 1. 11See 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). 12See id. 13Philip 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. 

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

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. 

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.’’ 


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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 


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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. 

Æ 


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