Details of the Appropriations Committee Report On the House-Passed FY 2005 DHS Appropriations Bill
On June 18, 2004, 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). (See ITT's Online Archives or 07/08/04 news, 04070810, for BP summary.)
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Committee Report Contains Additional Information and Recommendations
Prior to the passage of H.R. 4567 by the House, the House Appropriations Committee issued a report (H. Rept. 108-541) that contains, among other things, certain additional information and recommendations from the Committee.
(According to the Congressional Research Service (CRS), such reports do not have statutory force and departments and agencies are not legally bound by their declarations. However, reports do explain congressional intent, and executive branch agencies take them seriously because they must justify their budget requests annually to the Appropriations Committees.)
This is Part I of a two-part series of summaries on the House Appropriations Committee's report and focuses on the Committee's recommendations, etc. for CBP and Immigration and Customs Enforcement (ICE). (See future issue of ITT for Part II, which will focus on the Committee's recommendations, etc. for the Transportation Security Administration (TSA), Coast Guard, etc.)
"Highlights" of the House Appropriations Committee's report are summarized below (partial list):
Automated Commercial Environment
In its report, the Committee expresses the belief that Automated Commercial Environment (ACE) and CBP modernization should be integrated with, if not form the core of, DHS information system and border security technology, the Container Security Initiative (CSI), and Automated Targeting Systems (ATS). The Committee directs CBP to address such issues in its quarterly reports on ACE implementation progress.
The Committee also commends CBP on its progress in deploying releases 1 and 2 of ACE, and supports moving forward as quickly as possible on additional releases. The Committee states that it will continue to track progress of ACE so that best practices are followed and to ensure that the ACE schedule reflects cost controls and that ACE aligns with DHS enterprise architecture, things that the Committee says is especially important as ACE seeks to avoid delays in delivering its releases and to manage the significant software development that remains to be completed.
Container Security Initiative and Customs-Trade Partnership Against Terrorism
The Committee states that it is fully funding the request for $25 million to expand the capacity of CSI to reach important ports in such locations as Central America and the Caribbean, and a $15.2 million increase to expand the Customs-Trade Partnership Against Terrorism (C-TPAT), adding 120 supply chain officers to work with shippers and manufacturers to establish and certify security within their own operations and facilities.
The Committee also directs the CBP Commissioner to submit a detailed implementation report and plan in two parts. Part I, due no later than 30 days after enactment, will include CSI obligations to date and Part II, due no later than 90 days after enactment, will cover: FYs 2005-2009; how CSI data will be integrated into other CBP and DHS information and communications networks, such as ACE; how CSI data and analysis will be made available to CBP ports of entry, field offices, and the National Targeting Center, etc.
Joint Risk Assessments with Exporting Countries
The Committee states that in order to enhance screening of persons who export goods to the U.S. the subcommittee encourages DHS and CBP to explore and test, with appropriate authorities in countries that export to the U.S., the use of joint risk assessments on common information.
Container Sensors and In-Bond Shipments
The Committee expresses its concern about the potential risk posed by "in-bond" shipments that transit the U.S, noting that while tests have been conducted on tracking systems to monitor such shipments while in transit, using devices such as electronic seals, the Committee wishes to see a more detailed examination of control mechanisms to guarantee secure in-bond shipments.
As a result, the Committee states that it included $1 million to support the acquisition, deployment, and testing by CBP of sensor and tracking technology to enable CBP officials to track in-bond shipments from their arrival point in the U.S. to their final U.S. destination. The Committee also directs CBP to submit an interim report on its experience using this technology no later than April 1, 2005, to be followed by a final report to be submitted not later than January 1, 2006.
Targeting System Development
The Committee states that it believes technologies to improve the ability to screen and inspect shipments and vehicles that cross U.S. borders are essential to cargo and container security and has fully funded the request of $20.623 million to enhance ATS and expand the National Targeting Center (NTC), which develops and uses ATS.
In addition, the Committee notes that the General Accounting Office (GAO) recently found that the targeting systems and strategies used by CBP to identify suspicious containers need to improve risk management and modeling practices. It also identified implementation issues relating to tracking systems, staff certification, and constraints on the use of inspection equipment at seaports. The Committee directs CBP to report by November 1, 2004 on its plans to improve this critical targeting system, and include specific milestones and timeframes.
Non-Intrusive Inspection and Radiation Detection
The Committee states that in keeping with prior practice, and to ensure that CBP coordinates its investments with other components of DHS, the Committee directs CBP to submit a revised non-intrusive inspection and detection technology plan for acquisition and deployment before releasing any funding for such technology, but in no case later than 90 days after enactment.
Textile Transshipment Enforcement
The Committee states that it strongly supports CBP's and ICE's textile transshipment enforcement efforts and directs both CBP and ICE to maintain their efforts at the level authorized by Section 352 of the Trade Act of 2002. The Committee also directs CBP and ICE to submit reports not later than January 1, 2005 on their textile transshipment enforcement actions in FY 2004 and the impact of such actions.
Border Staffing Plan
The Committee strongly endorses CBP's "one face at the border" philosophy and, in order to assess the adequacy of Northern and Southwest Border staffing, directs CBP to submit, not later than 90 days after enactment, a detailed staffing plan.
H. Rept. 108-541 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_reports&docid=f:hr541.108.pdf.