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House Passes FY 2005 Department of Homeland Security Appropriations Bill

On June 18, 2003, the House of Representatives passed H.R. 4567, the fiscal year (FY) 2005 appropriations bill for the Department of Homeland Security (DHS), including the Bureau of Customs and Border Protection (CBP).

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(On June 17, 2004, the Senate Appropriations Committee approved its own FY 2005 appropriations bill for DHS.)

Although the House has passed H.R. 4567, it is not yet in effect. Generally, in order for a bill to be implemented, identical versions of that bill must be passed by both the House and Senate and then the bill must be approved (enacted) by the President.

The following are highlights of H.R. 4567 as passed by the House:

CBP Automated Systems, Including ACE

H.R. 4567, as passed by the House, would appropriate $449,909,000 for CBP automated systems, of which not less than $321,690,000 would be for the development of the Automated Commercial Environment (ACE).

However, H.R. 4567 also states that none of the ACE funds may be obligated until the House and Senate Appropriations Committees receive and approve a plan for expenditure prepared by the Under Secretary for Border and Transportation Security (BTS) that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget (OMB), including OMB Circular A-11, part 3; (2) complies with CBP's enterprise information systems architecture; (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal government; (4) is reviewed and approved by CBP's Investment Review Board, DHS, and OMB; and (5) is reviewed by the General Accounting Office (GAO).

CBP Funding, Including CSI

As passed by the House, H.R. 4567 would provide $4,611,911,000 for CBP salaries and expenses related to the enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports, etc.

Of this amount, no more than $176,162,000 would remain available until September 30, 2006 for inspection and surveillance technology, unmanned aerial vehicles, and equipment for the Container Security Initiative (CSI).

Increased Inspection of Air Cargo on Passenger Aircraft, Etc.

H.R. 4567 would direct the Secretary of Homeland Security (Secretary) to research, develop, and procure certified systems to inspect and screen air cargo on passenger aircraft at the earliest date possible.

In addition, H.R. 4567 states that until such technology is procured and installed, the Secretary shall take all possible actions to enhance the "known shipper" program to prohibit high-risk cargo from being transported on passenger aircraft.

H.R. 4567 also states that the Secretary shall amend Security Directives and programs in effect on the date of enactment of H.R. 4567 to, at a minimum, double the percentage of cargo inspected on passenger aircraft.

Forced Child Labor, Etc.

H.R. 4567 would appropriate $2,377,006,000 for Bureau of Immigration and Customs Enforcement (ICE) salaries and expenses related to the enforcement of immigration and customs laws, detention and removals, investigations, etc.

According to H.R. 4567, $3,000,000 of this amount would be for the activities to enforce laws against forced child labor in FY 2005, of which not to exceed $2,000,000 would remain available until expended. H.R. 4567 would also provide $39,605,000 for ICE automated systems.

US-VISIT Project

H.R. 4567 would also provide $340,000,000 for the development of the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) project, $254,000,000 of which could not be obligated until the House and Senate Appropriations Committees receive and approve an expenditure plan that meets the same type of requirements as described above for ACE.

TSA Aviation, Maritime, and Land Transportation Funding

Of the funding that would be appropriated for the Transportation Security Administration (TSA) under H.R. 4567, $4,270,564,000 would be for civil aviation security services pursuant to the Aviation and Transportation Security Act (ATSA, Public Law (P.L. 107-71)) and $65,000,000 would be for maritime and land transportation grants and services pursuant to P.L. 107-71.

(See ITT's Online Archives or 11/26/01 news, 01112610, for BP summary of P.L. 107-71.)

Funding for Port Security Grants

H.R. 4567 would provide $125,000,000 for port security grants, which shall be distributed under the same terms and conditions as provided for under P.L. 107-117.

(P.L. 107-117, the FY 2002 appropriations bill for the Department of Defense, provided CBP with certain funding for border security. See ITT's Online Archives or 02/05/02 news, 02020510, for BP summary.)

H.R. 4567 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h4567pcs.txt.pdf.