House Spending Legislation Would Require ACE Briefing, Increase CBP Targeting Funds
House lawmakers decided on omnibus legislation (here) that would keep the government funded through Sept. 30 and avoid a government shutdown if signed into law by the end of the day May 5. The bill would fund CBP at $11.4 billion in discretionary funds, $200 million less than President Donald Trump’s request (see 1703160022) for the fiscal 2017 supplemental spending legislation. The bill proposes to fund CBP’s trade and travel operations at $4.1 billion, $300 million less than Trump’s request. Within that CBP portfolio, the legislation proposes to fund the CBP Office of Field Operations’ targeting operations at $149.8 million, a $17.9 million jump over the supplemental budget request, and the Office of Trade at $192.3 million, $4.7 million less than Trump’s request.
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The legislation would require CBP to brief Congress on the prioritization of single-window development efforts within 90 days of enactment, as well as timelines and costs for refining ACE, a House Appropriations Committee report of the Department of Homeland Security portion of the omnibus states (here). “CBP is directed to ensure that the rescission of prior year funding included in this Act does not impact the development or operation and maintenance of ACE,” the report states. A House Appropriations committee spokeswoman said the committee is expected to vote on the legislation by the end of May 3.
The bill would reduce year-over-year CBP staff funding by $200.6 million after CBP in March indicated it would hire 3,000 fewer staff than originally projected. But Congress directed the agency to provide more details about personnel costs and a full-time equivalent model in its fiscal 2018 request, in part because a reduction of 3,000 personnel should translate to savings of at least $450 million, the report states. CBP should also revise hiring projections at least quarterly to ensure Congress gets timely, accurate projections while developing funding levels for CBP fiscal 2018 appropriations, the report says. The legislative report also states CBP would be responsible for briefing the House and Senate Appropriations committees within 120 days of the bill’s enactment on a comprehensive recruitment and retention strategy, including an assessment of options to address human capital requirements.
The bill would also task CBP within 180 days of its enactment to provide an updated resource allocation model for the Office of Field Operations on planned enforcement initiatives, divided up by field office. The report also states that CBP will provide a multiyear investment plan for non-intrusive inspection equipment with its fiscal 2019 budget submission.
The legislation also proposes to fund the Office of the U.S. Trade Representative at $62 million in fiscal 2017, including full funding for the Trade Enforcement Trust Fund -- $15 million -- as authorized by the Trade Facilitation and Trade Enforcement Act, a House Appropriations Committee report on the bill said (here). Trust fund finances could not be transferred outside of USTR, but could be used to coordinate with other agencies’ trade enforcement actions. In total, the bill would fund the International Trade Administration at $495 million, including $12 million in estimated fee collections. The Commerce Department agency would be funded at $2 million over the fiscal 2016-enacted amount. The legislation would also continue funding the Bureau of Industry and Security at the $112.5 million fiscal 2016-enacted level throughout fiscal 2017. The bill also proposes to fund the International Trade Commission at $91.5 million, a $3 million increase from last fiscal year’s enacted level.
After port organizations called for Congress to maintain the Transportation Department’s Transportation Investment Generating Economic Recovery (TIGER) grants program in fiscal 2017 spending legislation (see 1703170037 and 1704040084), the bill includes language that would provide $500 million for the program to remain available until Sept. 30, 2020, but doesn’t include funding for planning or design activities pursuant to those grants. Trump’s fiscal 2018 budget blueprint proposed to cancel the grant program (see 1703160022).