Senate Passes FY 2006 Department of Homeland Security Appropriations Bill

(The House passed its own version of H.R. 2360 on May 17, 2005. See ITT's Online Archives or 05/19/05 news, 05051905, for BP summary.)

As the Senate and House have each passed different version of H.R. 2360, a House-Senate conference will be held in order to resolve the differences between the two versions.

The following are highlights of H.R. 2360 as passed by the Senate:

CBP Automated Systems, Including ACE

H.R. 2360, as passed by the Senate, 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 Secretary of Homeland Security 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) includes a certification by the Chief Information Officer of DHS that an independent verification and validation agent is currently under contract for the project; (5) is reviewed and approved by DHS' Investment Review Board, the Secretary of Homeland Security, and OMB; and (6) is reviewed by the Government Accountability Office (GAO).

CBP Salaries and Expenses

As passed by the Senate, H.R. 2360 would provide $4,992,600,000 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 Senate Appropriations Committee press release, the Senate-passed version of H.R. 2360 includes:

$138,790,000 for the Container Security Initiative;

$51,084,000 for the America's Shield Initiative; and

$311,381,000 for construction along the border, including $55,000,000 for the California border and $55,000,000 for the Arizona border.

Inspection and Screening of Air Cargo on Passenger Aircraft

H.R. 2360 would direct the Secretary of Homeland Security to research, develop, and procure certified systems to inspect and screen air cargo on passenger aircraft at the earliest date possible. Provided, 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 and continue to increase the level of air cargo that is inspected beyond the level mandated in section 513 of Public Law 108-334.

(Section 513 directed the Secretary of Homeland Security to, among other things, amend Security Directives and programs in effect on the date of enactment of P.L. 108-344 to, at a minimum, triple the percentage of cargo inspected on passenger aircraft.)

Port Security Grant Program

H.R. 2360 states that within 90 days after enactment, DHS' Office of Inspector General shall issue a report to specified congressional committees regarding the steps that DHS has taken to comply with the recommendations of the Inspector General's Report on the Port Security Grant Program (OIG-05-10).

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, $15,770,000 would be for activities to enforce laws against forced child labor in FY 2006, of which not to exceed $6,000,000 would remain available until expended. H.R. 2360 would also provide $50,150,000 for ICE automated systems.

Transportation Security Administration (TSA)

Of the funding that would be appropriated for the TSA under H.R. 2360, $4,452,318,000 would be for civil aviation security services, and not more than $1,060,370,000 would be for aviation security direction and enforcement presence.

In addition, H.R. 2360 would provide $491,873,000 related to providing security support and intelligence pursuant to the Aviation and Transportation Security Act (Public Law (P.L.) 107-71.)

According to a Senate Appropriations Committee press release, the funding in H.R. 2360 for the TSA includes:

$50,000,000 for air cargo security;

$8,000,000 for the safety and security of U.S. railways;

$4,000,000 for monitoring and tracking trucks carrying hazardous materials; and

$74,996,000 for transportation vetting and credentialing.

(See ITT's Online Archives or 07/14/05, 07/15/05, and 07/18/05 news, 05071415, 05071515, and 05071810, for BP summaries of the Senate Appropriations Committee's report on the Senate Appropriations Committee-reported version of H.R. 2360.)

H.R. 2360, as passed by the Senate, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h2360eas.txt.pdf.

Senate Appropriations Committee press release on the Senate's passage of H.R. 2360 (dated 07/14/05) available at http://appropriations.senate.gov/hearmarkups/07-14-05PRHomelandFullSenate.htm.