House and Senate Pass Conference Version of FY 2006 DHS Appropriations Bill

The H.R. 2360 conference version has been cleared for the President, but the President has not yet taken action on the legislation.

This is Part I of a multi-part series of summaries of the conference version of H.R. 2360, and highlights certain appropriation levels in the measure, as follows:

CBP Automated Systems, Including ACE

The conference version of H.R. 2360 would appropriate $456 million for CBP automated systems, of which not less than $320 million would be for the development of the Automated Commercial Environment (ACE).

However, the conference version of 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 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' information systems enterprise 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 (5) is reviewed by the Government Accountability Office (GAO).

CBP Salaries and Expenses

As passed, the conference version of H.R. 2360 would provide $4,826,323,000 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.

The conference version of H.R. 2360 also instructs the Secretary of Homeland Security to take all actions necessary to ensure that DHS is in compliance with the second proviso of section 513 of Public Law (P.L.) 108-334 and to report to the House and Senate Appropriations Committees biweekly beginning on October 1, 2005 on any reasons for non-compliance. The conference version also states that the Secretary shall take all possible actions, including the procurement of certified systems to inspect and screen air cargo on passenger aircraft, to increase the level of air cargo inspected beyond that mandated in section 513 of P.L. 108-334 and shall report to the House and Senate Appropriations Committees every six months on the actions taken and the percentage of air cargo inspected at each airport.

(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.)

In addition, the conference version of H.R. 2360 instructs the Secretary of Homeland Security, in consultation with industry stakeholders, to develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate.

The H.R. 2360 conference version also states that the TSA shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extend practicable at each airport and the TSA shall, beginning with November 2005, provide a monthly report to the House and Senate Appropriations Committees 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 the conference version of 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 $40,150,000 for ICE automated systems.

Transportation Security Administration (TSA)

Of the funding that would be appropriated for the TSA under the conference version of H.R. 2360, $4,607,386,000 would be for aviation security, and not more than $1,001,948,000 would be for aviation security direction and enforcement presence.

The H.R. 2360 conference version would also provide $36,000,000 to the TSA for surface transportation security activities.

In addition, the conference version of H.R. 2360 would provide $510,483,000 for the necessary expenses related to providing transportation security support and intelligence activities and $74,996,000 for the development and implementation of screening programs by the Office of Transportation Vetting and Credentialing.

The conference version of H.R. 2360 states that none of the funds available for obligation for the transportation worker identification credential (TWIC) program shall be used to develop a personalization system that is decentralized or a card production capability that does not utilize an existing government card production facility and that no funding can be obligated for the next phase of production until the House and Senate Appropriations Committees have been fully briefed on the results of the prototype phase and agree that the program should move forward.

Port of Entry Survey and Designation of a Port of Entry for Each State

The conference version of H.R. 2360 states that not later than 60 days after enactment, the Secretary of Homeland Security shall conduct a survey of all ports of entry in the U.S. and designate an airport as a port of entry in each state that does not have a port of entry.

US-VISIT

The conference version of H.R. 2360 would provide $340,000,000 for the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) project. Of the funds appropriated for the US-VISIT project, $159,658,000 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.

Conference version of H.R. 2360 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:hr241.109.pdf.