Overview
Title
To authorize certain States to take certain actions on certain Federal land to secure an international border of the United States, and for other purposes.
ELI5 AI
The CONTAINER Act lets some U.S. states put up temporary buildings on federal land by the borders with Canada or Mexico to help keep the borders safe. These structures can stay for a year and can be extended if needed, but the states must tell the government before putting them up.
Summary AI
S. 157, also known as the “CONTAINER Act,” allows certain U.S. states to place temporary structures on federal land near the U.S.-Canada or U.S.-Mexico borders to help secure these borders. The law specifies that states adjacent to these borders can set up such structures without special authorization but must notify the relevant federal departments 45 days in advance. These structures can remain in place for up to a year, with possible 90-day extensions if border security requirements are not fully met. Approval for extensions involves consultation with U.S. Customs and Border Protection.
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AnalysisAI
The bill titled "Creating Obstructions Necessary To Address Illegal and Nefarious Entry Rapidly Act," or the CONTAINER Act, introduced during the 119th Congress, aims to address border security by allowing certain U.S. states, known as Border States, to deploy temporary, movable structures on federal land adjacent to international borders. The purpose of these structures is to enhance the security along the borders with Canada (northern border) and Mexico (southern border). A key feature of the bill is that it permits these states to place structures without a special use permit, provided they submit notice 45 days ahead of installation. The structures can remain for one year, with the possibility of extensions in 90-day increments if deemed necessary after consultation with the U.S. Customs and Border Protection.
Summary of Significant Issues
One significant issue with the bill is the use of the term "operational control," which is defined by an external document (the Secure Fence Act of 2006). This reference complicates understanding and compliance, as stakeholders must access and interpret a separate legal text. Additionally, the lack of a clear definition for "movable, temporary structure" could lead to varied interpretations, potentially causing legal disputes or inconsistent enforcement.
The decision-making process for extending the presence of these structures is another point of concern. It involves consultations between the Secretary concerned and the Commissioner of U.S. Customs and Border Protection. This dependency could cause delays or inconsistent application of the law, affecting border security operations. Furthermore, not requiring a special use authorization for these temporary structures might result in inadequate oversight, risking environmental impacts or misuse of federal land.
The provision allowing for indefinite extensions of the temporary placements also raises concerns about circumventing more comprehensive regulatory processes. This could lead to structures becoming de facto permanent installations without adequate review or consequence evaluation.
Impact on the Public and Stakeholders
The potential impact of this bill on the general public involves enhanced border security operations which might be seen as a positive step toward reducing illegal activities across borders. However, concerns about environmental stewardship and appropriate use of federal lands might arise, especially from individuals and communities near border areas who value environmental integrity and who might be directly impacted by the structures' presence.
Specific stakeholders like state governments and U.S. federal agencies might experience both positive and negative impacts. Border States could benefit from increased flexibility in addressing border security concerns without undergoing lengthy federal processes. However, federal agencies responsible for managing public lands might face challenges related to oversight and enforcement of land use laws.
Environmental groups and advocates might express concerns over the potential for misuse of federal lands without thorough assessments or formal permissions. This lack of regulation could lead to environmental degradation or unintended consequences not anticipated in the initial placement of these temporary structures.
In summary, while the bill intends to enhance border security, it also prompts significant questions and concerns regarding legal interpretation, regulatory oversight, and environmental impact. Balancing these factors will be crucial for stakeholders and lawmakers involved in considering the bill's implications.
Issues
The definition of 'operational control' in Section 2 refers to an external document (the Secure Fence Act of 2006), which might make understanding and compliance difficult if that document is not readily accessible, leading to confusion about enforcement and legal interpretation.
The process for approving extensions of temporary placements in Section 2 is dependent on consultation between the Secretary concerned and the Commissioner of U.S. Customs and Border Protection. This could lead to delays or inconsistencies in decision-making, potentially affecting border security operations and resource allocation.
The lack of a requirement for a special use authorization in Section 2 for temporary structures might lead to inadequate oversight and potential for misuse of federal land, raising concerns about environmental impact and legal accountability.
The definition of what constitutes a 'movable, temporary structure' is not provided in Section 2, which may lead to ambiguity and differing interpretations, potentially resulting in legal disputes or enforcement challenges.
The allowance for the extension of temporary placements indefinitely in 90-day increments in Section 2 could lead to effectively permanent structures being placed on Federal land, potentially bypassing more stringent regulatory processes and environmental assessments.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
In SECTION 1 of the bill, the official short title is established, allowing it to be referred to as the “Creating Obstructions Necessary To Address Illegal and Nefarious Entry Rapidly Act” or simply the “CONTAINER Act.”
2. Placement of movable, temporary structures on certain Federal land to secure an international border of the United States Read Opens in new tab
Summary AI
In this section of the bill, Border States are allowed to place temporary, movable structures on Federal land adjacent to the U.S.-Canada and U.S.-Mexico borders to enhance border security. This can be done without needing a special permit if the state provides notice 45 days in advance. The structures can remain for up to one year, with possible 90-day extensions if border security issues persist, pending approval after consulting the U.S. Customs and Border Protection.