House Passes FY 2007 Department of Homeland Security Appropriations Bill

Although the House has passed H.R. 5441, 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. 5441 as passed by the House:

DHS Required to Submit Strategic Plan for Screening of All Inbound Cargo, Doubling Inbound Cargo Inspections, Etc.

H.R. 5441 states that of the funds provided for the DHS Office of the Secretary and Executive Management, $10 million shall not be available for obligation until the Secretary of Homeland Security (Secretary) submits a comprehensive port, container, and cargo security strategic plan to specified Congressional committees that:

requires screening all inbound cargo,

doubles the percentage of inbound cargo currently inspected;

sets minimum standards for securing inbound cargo; and

includes the FY 2007 performance requirements for port, container, and cargo security as specified in the report accompanying H.R. 5441.

Funding for U.S. Port/Inbound Cargo Security, Including CSI, C-TPAT, Etc.

According to a House Appropriations Committee press release, H.R. 5441 provides $4.185 billion to secure U.S. ports and inbound cargo in order to prevent terrorists and criminals from exploiting the international commerce system, including (partial list):

$1.69 billion for CBP cargo inspection and trade operations;

$139 million for Container Security Initiative (CSI), expanding the program to 58 foreign seaports; and

$70.1 million for Customs-Trade Partnership Against Terrorism (C-TPAT), supporting 100% validation of over 6,070 certified partners.

Secure Border Initiative Strategic Plan

The Secretary is further required to submit the Secure Border Initiative (SBI) multi-year strategic plan to specified Congressional committees no later than November 1, 2006 that includes a comprehensive mission statement; an identification of long-term goals; etc.

(CBP has stated that SBI is a "vision forward" to gain control of our borders using the various components within DHS, such as U.S. Immigration and Customs Enforcement (ICE) and CBP. This broad multi-year initiative looks at all aspects of the problem across the board and addresses these challenges with an integrated mix of increased staffing, more robust interior enforcement, greater investment in detection technology and infrastructure, and enhanced coordination on federal, state, local, and international levels. See ITT's Online Archives or 04/17/06 news, 06041715, for most recent BP summary.)

Funding and Expenditure Plan for CBP Automated Systems, Including ACE

H.R. 5441, as passed by the House, would appropriate $451,440,000 for customs and border protection automated systems, of which not less than $316,800,000 would be for the development of the Automated Commercial Environment (ACE).

H.R. 5441 states that of the total amount made available, $216,800,000 may not be obligated for ACE until the House and Senate Appropriations Committees receive and approve a plan for expenditure prepared by the Secretary 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 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 Office 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 House, H.R. 5441 would provide $5,435,310,000 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.

Of that total amount, H.R. 5441 states that $115 million shall be for the Secure Border Initiative Technology and Tactical Infrastructure (SBInet) program, project, and activity, to remain available until expended, of which $25 million shall not be available for obligation until the House and Senate Appropriations Committees approve an expenditure plan prepared by the Secretary that meets certain requirements outlined in H.R. 5441.

Forced Child Labor, Etc.

According to H.R. 5441, of the amounts appropriated to 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 2007, of which not to exceed $6 million would remain available until expended.

US-VISIT

H.R. 5441 would provide $362,494,000 for the development of the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) project.

Of the funds appropriated for the US-VISIT project, $312,494,000 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. 5441, $4,704,414,000 would be for aviation security.

Detailed air cargo security action plan required. H.R. 5441 states that no funding may be obligated for air cargo security, other than that for air cargo inspectors, canines, and screeners, until a detailed air cargo security action plan addressing each of the recommendations contained in the 2005 GAO report (GAO-06-76) on domestic air cargo security is provided to the specified congressional committees.

(See ITT's Online Archives or 11/22/05 news, 05112215, for final part of BP's three-part series of summaries on GAO-06-76, with links to remaining parts of series.

See ITT's Online Archives or 06/07/06 news, 06060715, for the final part of BP's multi-part series of summaries on TSA's final rule requiring additional security measures in the air cargo supply chain. See ITT's Online Archives or 06/08/06 news, 06060820, for BP's summary of TSA correction of certain compliance dates in its final rule.)

Standards and protocols for increasing use of explosive detection equipment to screen air cargo. The Secretary, in consultation with industry stakeholders, shall develop standards and protocols for increasing the use of explosive detection equipment to screen air cargo when appropriate. H.R. 5441 states that the TSA shall utilize existing checked baggage explosive detection equipment and screeners to screen cargo carried on passenger aircraft to the greatest extent practicable at each airport.

Quarterly air cargo inspection statistics required. H.R. 5441 also provides that the TSA shall report air cargo inspection statistics quarterly to the House Appropriations Committee, by airport and air carrier, within 45 days after the end of the quarter. H.R. 5441 would reduce the amount appropriated for aviation security in H.R. 5441 by $100,000 for each day beyond such deadline that such quarterly report is not provided.

Surface transportation security. H.R. 5441 would provide $37,200,000 for TSA surface transportation security activities.

Transportation Worker Identification Credential (TWIC). H.R. 5441 states that none of the funds available for obligation for the 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.

A House Appropriations Committee press release notes that H.R. 5441 would provide $40 million to support implementation of TWIC.

H.R. 5441, as passed by the House, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h5441eh.txt.pdf.

House Appropriations Committee press release (dated 06/07/06) available at http://appropriations.house.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=625.