Senate Passes its Own FY 2007 Department of Homeland Security Appropriations Bill (Part II - Final)

(The House passed its version of H.R. 5441 on June 6, 2006. See ITT's Online Archives or 06/09/06 news, 06060905, for BP summary of House-passed H.R. 5441.)

Although the House and Senate have passed their own versions of 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. According to a Senate Appropriations Committee press release, differences between the House and Senate versions of H.R. 5441 must now be reconciled in a conference committee before the bill can be sent to the President for final approval.

This is Part II, the final partof a multi-part series of summaries of the Senate-passed version of H.R. 5441 and provides highlights of the remaining trade-related provisions of the Senate-passed bill. (See ITT's Online Archives or 08/01/06 news, 06080110, for Part I.)

Funding and Expenditure Plan for CBP Automated Systems, Including ACE

H.R. 5441, as passed by the Senate, would appropriate $461,207,000 for CBP automated systems, of which not less than $318,419,000 would be for the development of the Automated Commercial Environment (ACE).

H.R. 5441 states that none of the funds may 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' 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 (Secretary), and OMB; and (6) is reviewed by the Government Accountability Office (GAO).

CBP Salaries and Expenses

As passed by the Senate, H.R. 5441 would provide $5,329,874,000 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.

Forced Child Labor

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 $339,494,000 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, $200,000,000 could not be obligated for US-VISIT project 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, $4,751,580,000 would be for aviation security.

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. The Secretary would be directed to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible.

H.R. 5441 states that e./H.Hxisting checked baggage explosive detection equipment and screeners shall be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until the new technologies discussed above are available.

Quarterly air cargo inspection statistics required. H.R. 5441 also provides that the TSA shall report air cargo inspection statistics within 15 days of the close of each quarter of the fiscal year to the House and Senate Appropriations Committees, by airport and air carrier, including any reasons for non-compliance with the second proviso of section 513 of the Homeland Security Act (Public Law 108-334), within 45 days after the end of the quarter.

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 executed without fair and open competition for both the implementation and production of the program and identification cards.

Other Provisions

H.R. 5441 also includes provisions that would:

restrict CBP from using funds to prevent certain individuals from importing certain prescription drugs from Canada;

require the Secretary to submit a report regarding DHS' targeting of agricultural inspections, etc.;

require the Secretary to establish and conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international marine and land border between Canada and the U.S.;

require the Secretary to report to Congress and to take certain specified actions regarding the screening of municipal solid waste; and

require the DHS Inspector General to take certain actions regarding certain contracts relating to the Secure Border Initiative.

H.R. 5441, as passed by the Senate, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h5441pp.txt.pdf.

Senate Appropriations Committee press release (dated 07/13/06) available at http://appropriations.senate.gov/hearmarkups/HomelandSenatePR07.mht.