House Passes FY 2006 Department of Homeland Security Appropriations Bill

Although the House has passed H.R. 2360, 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. 2360 as passed by the House:

CBP Automated Systems, Including ACE

H.R. 2360, as passed by the House, would appropriate $458,009,000 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. 2360 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 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, the Secretary of Homeland Security, and OMB; and (5) is reviewed by the Government Accountability Office (GAO).

CBP Salaries and Expenses

As passed by the House, H.R. 2360 would provide $4,885,544,000 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.

Standards for Screening Air Cargo on Passenger and Cargo Aircraft, Etc.

H.R. 2360 would require the Secretary of Homeland Security to develop screening standards and protocols to more thoroughly screen all types of air cargo on passenger and cargo aircraft by March 1, 2006.

These screening standards and protocol shall be developed in consultation with industry stakeholders and in conjunction with the research and development of technologies that will permit screening of all high-risk air cargo. Of the amounts appropriated in H.R. 2360 for the Office of the Secretary and Executive Management, $10,000,000 shall not be available for obligation until new air cargo screening standards and protocols are implemented.

H.R. 2360 would also require TSA to utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport. Beginning with November 2005, TSA shall provide a monthly report to the House Appropriations Committee detailing, by airport, the amount of cargo carried on passenger aircraft that was screened by TSA in August 2005 and each month thereafter.

Forced Child Labor, Etc.

According to H.R. 2360, of the amounts appropriated to the Bureau of Immigration and Customs Enforcement (ICE) for salaries and expenses, $3,045,000 would be for activities to enforce laws against forced child labor in FY 2006, of which not to exceed $2,000,000 would remain available until expended. H.R. 2360 would also provide $40,150,000 for ICE automated systems.

FAST and US-VISIT

H.R. 2360 would provide $7,000,000 for the development, deployment, and use of the Free and Secure Trade (FAST) program and $390,232,000 for the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) project.

Of the funds appropriated for the US-VISIT project, $254,000,000 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.

Transportation Security Administration (TSA)

Of the funding that would be appropriated for the TSA under H.R. 2360, $4,591,612,000 would be for aviation security, and not more than $983,013,000 would be for aviation security direction and enforcement presence.

In addition, H.R. 2360 would provide $541,008,000 for the necessary expenses related to providing transportation security support and intelligence activities and $84,294,000 for the development and implementation of screening programs by the Office of Transportation Vetting and Credentialing.

H.R. 2360 states that funding for TSA's Office of Transportation Security Support, Office of the Administrator, shall be reduced by $100,000 per day for each day after the enactment of H.R. 2360 that the second proviso of section 513 of Public Law (P.L.) 108-334 has not been implemented.

(The second proviso of section 513 requires the Secretary of Homeland Security to amend Security Directives and programs in effect on the date of enactment of P.L. 108-334 (i.e., October 18, 2004) to, at a minimum, triple the percentage of cargo inspected on passenger aircraft.)

H.R. 2360 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h2360eh.txt.pdf.