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House Passes Border Security Bill On December 16, 2005

On December 16, 2005, the House of Representatives passed H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (the Border Security Bill). The following are highlights of some of the trade-related provisions of H.R. 4437.

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Achieving operational control on the border. Not later than 18 months after the date of enactment, the Secretary of Homeland Security (Secretary) would be required to take all actions determined necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the U.S. to include:

systematic surveillance of the U.S. international land and maritime borders;

physical infrastructure enhancements to prevent unlawful entry by aliens into the U.S.;

hiring and training as expeditiously as possible additional Border Patrol agents previously authorized; and

increasing deployment of U.S. Customs and Border Protection (CBP) personnel to areas along the international land and maritime borders of the U.S. where there are high levels of unlawful entry, etc.

Not later than one year after the date of enactment and annually thereafter, the Secretary would be required to submit to Congress a report on the progress made toward achieving and maintaining operational control over the entire international land and maritime borders of the U.S.

National Strategy for Border Security. Not later than six months after the date of enactment, the Secretary would be required to submit to specified congressional committees a comprehensive plan for the systematic surveillance of the international land and maritime borders of the U.S.

In addition, not later than one year after the date of enactment, the Secretary, in consultation with the heads of other appropriate Federal agencies, would be required to submit to specified congressional committees, a National Strategy for Border Security to achieve operational control over all ports of entry into the U.S. and the international land and maritime borders of the U.S. The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive (HSPD) 13. (See ITT's Online Archives or 09/26/05 news, 05092605, for BP summary of the Department of Homeland Security's (DHS') National Strategy for Maritime Security.)

After submitting the National Strategy for Border Security to the specified congressional committees, such committees shall promptly report to their respective House legislation authorizing necessary security measures based on the evaluation of the National Strategy for Border Security.

Implementation of cross-border security agreements. Not later than six months after the date of enactment, the Secretary would be required to submit to specified congressional committees a report on the implementation of the cross-border security agreements signed by the U.S. with Mexico and Canada, including recommendations on improving cooperation with such countries to enhance border security.

One Face at the Border Initiative. Not later than 90 days after the date of enactment, the Secretary would be required to submit to Congress a report:

describing the tangible and quantifiable benefits of One Face at the Border Initiative established by DHS;

identifying goals for and challenges to increased effectiveness of One Face at the Border Initiative;

providing a breakdown of the number of inspectors who were personnel of CBP, Immigration and Naturalization Service (INS), and the Department of Agriculture (USDA) before DHS was established, etc.

describing the training time provided to each employee on an annual basis for the various training components of the One Face at the Border Initiative; and

outlining the steps taken by DHS to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the One Face at the Border Initiative.

Port of entry inspection personnel. In each of fiscal years (FYs) 2007 through 2010, the Secretary would be required to, subject to the availability of appropriations, increase by not less than 250 the number of positions for full-time active duty port of entry inspectors.

Canine detection teams. In each of FYs 2007 through 2011, the Secretary would be required to, subject to the availability of appropriations, increase by not less than 25% above the number of such positions for which funds were allotted for the preceding FY the number of trained detection canines for use at U.S. ports of entry and along the international land and maritime borders.

Deployment of radiation detection portal equipment at U.S. ports of entry. Not later than one year after the date of the enactment, the Secretary would be required to deploy radiation portal monitors at all U.S. ports of entry and facilities as determined by the Secretary to facilitate the screening of all inbound cargo for nuclear and radiological material.

Not later than 180 days after the date of enactment, the Secretary would be required to submit to specified congressional committees a report on DHS' progress toward carrying out the deployment of such radiation detection portal equipment.

H.R. 4437 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h4437eh.txt.pdf.