President Signs into Law the FY 2005 DHS (Including CBP) Appropriations Bill

(The conference version of H.R. 4567 was passed by the House on October 9, 2004 and by the Senate on October 11, 2004.)

This is Part I of a multipart series of summaries of the conference version of H.R. 4567, and highlights certain appropriation levels in the measure, as follows:

CBP Automated Systems, Including ACE

The conference version would appropriate $449,909,000 for U.S. Customs and Border Protection (CBP) automated systems, of which not less than $321,690,000 would be for the development of the Automated Commercial Environment (ACE).

However, the conference version 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 7; (2) complies with DHS' 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 DHS' Investment Review Board, Secretary of Homeland Security, and OMB; and (5) is reviewed by the Government Accountability Office (GAO).

CBP Funding, Including CSI and C-TPAT

The conference version would provide $4,534,119,000 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.

(According to a DHS fact sheet, the conference version includes $419.2 million in new funding to enhance border and port security activities, including the expansion of pre-screening cargo containers in high-risk areas and the detection of individuals attempting to illegally enter the U.S. The fact sheet notes that the key enhancements funded by the conference version include (partial list):

An increase of $25 million for the Container Security Initiative (CSI) to continue both Phases I and II, as well as to begin the final phase of CSI;

An increase of $15.2 million for the Customs-Trade Partnership Against Terrorism (C-TPAT);

An increase of $210.6 million for staffing and technology acquisition to support the National Targeting Center, trend analysis, and the Automated Targeting Systems; and

$80 million for the next generation Radiation Detection Monitors to screen passengers and cargo coming into the U.S.)

Increased Inspection of Air Cargo on Passenger Aircraft, Etc.

The conference version 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, the conference version 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.

The conference version 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, triple the percentage of cargo inspected on passenger aircraft.

ICE, Forced Child Labor

The conference version would appropriate $2,438,494,000 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 the conference version, $3,045,000 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

The conference version would also provide a $12 million increase (for a total of $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 the conference version, $4,323,523,000 would be for civil aviation security services pursuant to the Aviation and Transportation Security Act (ATSA, Public Law (P.L. 107-71)) and $48,000,000 would be for maritime and land transportation security grants and services pursuant to P.L. 107-71.

(According to the DHS fact sheet, the conference version provides:

$5.1 billion for TSA, including aviation security fees, a $679 million increase over 2004; and

$115 million for air cargo security, to continue the research and deployment of screening technology started in FY 2004 and to increase air cargo inspections.)

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

Conference version of H.R. 4567 available at http://waysandmeans.house.gov/media/pdf/hr1047/HR1047confreptlegtext.pdf.

DHS fact sheet available at http://www.dhs.gov/dhspublic/display?content=4065.