President Signs FY 2007 Department of Homeland Security Appropriations Act (Part I)
On October 4, 2006, the President signed into law Public Law (P.L.) 109-295, the conference version of H.R. 5441, the fiscal year (FY) 2007 appropriations bill for the Department of Homeland Security (DHS), including U.S. Customs and Border Protection (CBP), the Transportation Security Administration (TSA), etc.
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(The House and Senate both agreed to the conference version of H.R. 5441 on September 29, 2006.)
This is Part I of a multi-part series of summaries on the appropriations made under P.L. 109-295. See future issues of ITT for additional summaries.
Automation Modernization
Automated systems and ACE. P.L. 109-295 appropriates $451,440,000 for expenses for CBP automated systems, of which not less than $316,800,000 shall be for the development of the Automated Commercial Environment (ACE).
P.L. 109-295 provides that of that amount, $216,800,000 may not be obligated for ACE until the House and Senate Committees on Appropriations 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, including 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 DHS' Chief Information Officer that an independent verification and validation agent is currently under contract for the project, etc.
Border Security Fencing, Infrastructure, and Technology
P.L. 109-295 appropriates $1,187,565,000 for expenses for CBP fencing, infrastructure, and technology.
TSA and Aviation Security
P.L. 109-295 appropriates $4,731,814,000 for necessary expenses of the TSA related to providing civil aviation security services pursuant to the Aviation and Transportation Security Act (P.L. 107-71). (See ITT's Online Archives or 11/26/01 news, 01112610, for BP summary of P.L. 107-71.)
Reporting on Air Cargo Security Action Plan. P.L. 109-295 provides that by December 1, 2006, the TSA shall submit a detailed air cargo security action plan addressing each of the recommendations contained in the 2005 Government Accountability Office (GAO) report (GAO-06-76) on domestic air cargo security to the House and Senate Committees on Appropriations, the House Committee on Homeland Security, the Senate Committee on Homeland Security and Governmental Affairs, and the Senate Committee on Commerce, Science, and Transportation. (See ITT's Online Archives or 11/22/05 news, 05112215, for final part of BP summary of the GAO's report, with links to earlier installments.)
Surface Transportation Security
P.L. 109-295 appropriates $37,200,000 for necessary expenses of the TSA related to providing surface transportation security activities.
Explosive Detection Equipment to Screen Air Cargo
P.L. 109-295 provides that the Secretary of Homeland Security (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.
New Technologies to Screen Cargo on Passenger Aircraft, Inspection Reporting
P.L. 109-295 directs the Secretary to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible.
In addition, P.L. 109-295 states that existing 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 technology developed as described above are available.
P.L. 109-295 also provides that the TSA will report air cargo inspection statistics quarterly to the Committees on Appropriations of the Senate and the House of Representatives, by airport and air carrier, within 45 days after the end of the quarter including any reason for non-compliance with the second proviso of section 513 of the DHS Appropriations Act of 2005 (P.L. 108-334). (See ITT's Online Archives or 10/25/04 news, 04102515, for final part of BP summary of P.L. 108-334, with a link to the first installment.)
CBP Salaries and Expenses
P.L. 109-295 provides $5,562,186,000 for necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports, etc.
Immigration and Customs Enforcement
P.L. 109-295 appropriates $3,887,000,000 for necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, etc.
Forced child labor. Of this amount, $15,770,000 shall be for activities to enforce laws against forced child labor in FY 2007.
Conference Report on HR 5441 (House Report No. 109-669, dated 09/28/06) available at http://www.thomas.gov/cgi-bin/query/R?r109:FLD001:H57785
Conference Version of HR 5441 available at http://www.thomas.gov/cgi-bin/query/C?c109:./temp/c1096XmPhP