President Signs FY 2006 DHS Appropriations Act Into Law, Etc.

This is Part II of a series of summaries on the conference version of H.R. 2360 and provides highlights from the joint explanatory statement of the House and Senate conference managers (managers' statement). (See ITT's Online Archives or 10/14/05 news, 05101405, for Part I, which highlights certain appropriation levels in the measure.)

(According to the managers' statement, the language and allocations contained in the House report (H. Rept. 109-79) and the Senate report (S. Rept. 109-83) should be complied with unless specifically addressed to the contrary in the conference report and managers' statement. See ITT's Online Archives or 07/18/05 news, 05071810, for the final part of BP's series of summaries of S. Rept. 109-83, with links to other parts in the series and 05/23/05 news, 05052310, for the final part of BP's series of summaries of H. Rept. 109-79, with links to other parts of the series.)

FY 2006 Funding for CBP

U.S. Customs and Border Protection (CBP) has issued a press release regarding its FY 2006 appropriations which states that CBP will receive a total budget of $7.1 billion, an approximate increase of 11%. According to the managers' statement, this includes (partial list):

1. 000 additional Border Patrol Agents;

$63,024,000 for inspection and detection technology investments, including $1,018,000 to continue the in-bond container security study;

$500,000 to continue steel tariff training;

$54,268,000 for the Customs-Trade Partnership Against Terrorism (C-TPAT);

$7,000,000 for the Free and Secure Trade (FAST) program;

$14,000,000 for the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) and NEXUS programs;

$138,790,000 for the Container Security Initiative (CSI);

$28,253,000 for Automated Targeting Systems and $16,697,000 for the National Targeting Center; and

$31,284,000 for America's Shield Initiative.

Cargo, Container, and Transportation Security

DHS reports on cargo container security. The conferees state that the report on cargo container security submitted by DHS on June 9, 2005 was late and did not fully respond to directions of the managers' statement for the FY 2005 DHS appropriations bill. The conferees direct DHS to conduct the review again and submit a new report that fully complies with those requirements as soon as possible, but no later than February 10, 2006.

The conferees also state that they concur with the requirement, as detailed in H. Rept. 109-79, for a report on how non-intrusive inspection technology system selection, use, and financing for CSI could be improved, as well as the S. Rept. 109-83 requirement on relations with CSI host nations, to include: steps to explain CSI targeting to host governments; coordination with the State Department; options for withdrawal from uncooperative CSI host nations; and actions taken on Government Accountability Office recommendations for CSI improvement. The conferees direct the Commissioner to submit both reports not later than February 10, 2006.

Update on DHS' integrated strategic transportation security plan. In September 2005, DHS submitted its integrated strategic transportation security plan. The conferees direct the Secretary to update the House and Senate Appropriations Committees every six months on what progress has been made to enhance transportation security as outlined in the plan. The first update is due March 1, 2006.

Compliance with Inspector General recommendations on port security. The conferees direct the Inspector General to review the steps DHS has taken to comply with recommendations contained in the Inspector General's report on port security grants (OIG-05-10). This report should be submitted to specified House and Senate Committees no later than February 10, 2006.

Funding, etc. for air cargo security. The conferees agree to provide $55,000,000 instead of $60,000,000 as proposed by the House and $50,000,000 as proposed by the Senate. Within the funds provided, $10,000,000 is for hiring 100 additional regulatory inspectors and associated travel costs, and $5,000,000 is to enhance the automated indirect air carrier maintenance system and known shipper data base, as well as for security threat assessments and pending air cargo rulemaking activities.

The conferees direct TSA to work with other DHS components to develop technologies that will move TSA forward to achieving 100% screening of air cargo on passenger aircraft.

Transportation Worker Identification Credential program. The conferees agree to include a general provision directing DHS to develop a personalization system that is centralized and that uses an existing government card production facility for these purposes as proposed by the House, consistent with direction issued in previous years. TSA may not move into 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 the program should move forward. Because of the deep interest in this program, beginning on January 1, 2006, and quarterly thereafter, TSA shall submit reports on the progress of meeting the goals established for the Transportation Worker Identification Credential (TWIC) program.

Port security grant funding. The conferees agree to provide $175,000,000 instead of $150,000,000 as proposed by the House and $200,000,000 as proposed by the Senate. The conferees encourage the Secretary to consider the proximity of existing liquefied natural gas facilities and liquefied petroleum vessels among the risk factors when deciding eligibility for port security grant funding.

Air cargo screening pilot programs. Based on recommendations in DHS' Science and Technology's (S&T) system engineering study of civil aviation security, the conferees direct $30,000,000 be used to conduct three cargo screening pilot programs-one at an all cargo airport facility and two at passenger cargo airports (top twenty in size)-to test different concepts of operation, as described in the House report. The conferees expect S&T to utilize TSA airport management staff to manage the oversight and day-to-day operations of these pilot programs to the greatest extent possible. One of the pilots should test whether a significant amount of cargo can be screened in the terminal using existing checked baggage security infrastructure. The conferees also expect S&T to locate these pilots at airport or airline facilities willing to contribute both physical space and other resources to this effort. The conferees direct S&T to begin all pilots in fiscal year 2006, to report on the initial results of the pilots every six months after initiation of the first pilot, and to report on the final results four months after the last pilot is completed.

Container Security and Megaports Initiative. The conferees state that they support the budget request for container security research activities and direct DHS to provide a report, in conjunction with the U.S. Department of Energy, by February 10, 2006, on the progress made by both Departments on various radiation technology efforts, the degree of coordination between the megaport initiative and the Container Security Initiative, the types of technology (both radiation detection and other non-intrusive inspection technology) being deployed at specific locations, and the extent to which next generation technology is being explored and developed for future use.

Managers statement available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_reports&docid=f:hr241.109.pdf.