Border and Transportation Security: Selected Programs and Policies

Publication Date: March 2005

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

Border and Transportation Security (BTS) is a pivotal function in protecting the American people from terrorists and their instruments of destruction. This report addresses selected programs and policies now in place that seek to attain higher levels of BTS. It is the second in a three-part series of CRS reports that make use of analytical frameworks to better understand complex phenomena and cast them in terms that facilitate consideration of alternative policies and practices. (The first report in the series, CRS Report RL32839, Border and Transportation Security: The Complexity of the Challenge, analyzes the reasons why BTS is so difficult to attain. This report is the second in the series. The final report is CRS Report RL32841, Border and Transportation Security: Possible New Directions and Policy Options.)

Congressional concern with terrorism and border security was manifested as early as 1993, with the first World Trade Center attack and subsequent terrorist attacks against U.S. targets abroad. The congressional response to these events began with attempts to understand the nature of the terrorist threat through the creation of several commissions. The response to the 9/11 attacks was followed by specific, targeted measures to protect the nation such as the creation of the Transportation Security Administration and the passage of laws that were aimed at strengthening security at the border, including immigration policies with respect to the admission of foreign nationals; and strengthening security in the maritime domain. Congressional interest continues in more comprehensive approaches including recent efforts to respond to the report of the 9/11 Commission.

There are several broad strategies that could be pursued to enhance border security. Current programs and policies can be grouped under the following generic categories, which include pushing the border outwards to intercept unwanted people or goods before they reach the United States (as in the passenger pre-screening program); hardening the border through the use of technology (as shown by biometric identifiers); making the border more accessible for legitimate trade and travel (as in "trusted traveler" programs); strengthening the border inspection process through more effective use of intelligence (with the integration of terrorist watch lists); and multiplying the effectiveness of interdiction programs through the engagement of other actors in the enforcement effort (as displayed by bi-national accords with Canada and Mexico). It is also possible to use the strategies as a checklist for what new efforts might be explored.

Many current programs and policies to enhance border and transportation security were put into place as a result of the 9/11 terrorist attacks with a sense of urgency — to prevent another attack. Programs and policies in existence prior to the attacks, however, were often created with a different focus and not necessarily with the terrorist threat in mind. The challenge for Congress is to review these programs and policies comprehensively to help them form a more coherent and effective overall strategy. This report will be updated periodically as events warrant.