Details of the FY 2005 DHS (Including CBP) Appropriations Act (Part II)

This is Part II, the last part of a two-part series of summaries of the conference version of H.R. 4567, and highlights the joint explanatory statement of the House and Senate conference managers (mangers' statement). (See ITT's Online Archives or 10/21/04 news, 04102105, for Part I on the legislative text of the conference version of H.R. 4567.)

According to the managers' statement, the language and allocations contained in the House's report (H. Rept. 108-541) and the Senate's Report (S. Rept. 108-280) should be complied with unless specifically addressed to the contrary in the conference report and statement of managers. (See ITT's 07/15/04 and 07/16/04 news, 04071515 and 04071610, for BP summaries of the H. Rept. 108-541.)

Transportation security plan. The conferees direct the Secretary of Homeland Security, in consultation with the Department of Transportation, to develop, maintain, and submit to the House and Senate Appropriations Committees no later than March 31, 2005, an integrated strategic transportation security plan. The plan shall identify and evaluate the U.S. transportation assets that need to be protected, set risk-based priorities for defending the assets identified, etc. The conferees state that they expect that future budget requests will be based on this integrated strategic transportation security plan.

Cargo container security. The conferees direct the Under Secretary for Border and Transportation Security (BTS) to report to the House and Senate Appropriations committees no later than February 8, 2005 on the history, implementation, funding, and progress of DHS' cargo container security efforts, including the security of in-bond shipments.

CBP staffing plan. The conferees note that CBP has not submitted the staffing plan due December 1, 2003 as directed in the FY 2004 conference agreement. The conferees also note that they strongly endorse the CBP approach to border enforcement with its "one face at the border" philosophy. The conferees therefore direct that DHS submit the pending staffing plan immediately and submit an updated plan not later than 90 days after October 18, 2004.

Enforcement of trade remedies. The conferees state that they have ensured that sufficient funds are available to enforce the antidumping authority contained in section 754 of the Tariff Act of 1930 (19 USC 1675c).

The conferees direct CBP to submit a report to the House and Senate Committees on Appropriations by January 15, 2005, on the status of its implementation of recommendations by the U.S. Treasury Department's Office of the Inspector General report on implementation of the Continued Dumping and Subsidy Offset Act (CDSOA, i.e., the Byrd Amendment).

Textile transshipment enforcement. The conferees direct CBP to maintain its efforts regarding textile transshipment enforcement at the level authorized by section 352 of the Trade Act of 2002.

Pre-arrival processing at Northern Border. The conferees state that they are aware that DHS is working with government officials and private entities at Northern Border land ports of entry to securely expedite cargo, including such pre-clearance methods as the Pre-Arrival Processing System (PAPS) using barcode technology, and support expansion of such programs.

ACE and CBP modernization. The conferees believe that the Automated Commercial Environment (ACE) and CBP modernization should be integrated with, if not form the core of, DHS' system and border security technology, the Container Security Initiative, and Automated Targeting Systems. The conferees direct CBP to address such issues in its quarterly reports on ACE implementation.

Air cargo security. Of the amount provided for air cargo security, $40,000,000 is for 100 additional inspectors and enforcement activities and $75,000,000 is for research and development of technologies to provide more effective and efficient methods of detecting air cargo threats. The Department of Homeland Security Appropriations Act of 2004, provided $85,000,000 to strengthen the oversight of air cargo security and for research and development of technological solutions for inspections of cargo carried on passenger aircraft and also provided statutory language directing the Secretary to develop the best technology for the inspection and screening of air cargo on passenger aircraft at the earliest date possible and for the enhancement of the known shipper program. Given recent DHS reports of low obligations for these programs, the conferees are concerned that DHS is not moving with sufficient speed to implement this direction. The conferees direct DHS to act expeditiously to fully obligate and expend the funding provided for air cargo security activities and direct TSA to provide quarterly reports to the House and Senate Appropriations Committees beginning in December 2004, on the use of all dollars obligated and plans for the use of unobligated balances.

The conferees direct TSA to work more aggressively to strengthen air cargo security. In particular, TSA should strengthen the known shipper program to include regular security checks on all known shippers to assure that they are not compromising security standards. Similarly, TSA is directed to work with the indirect air carriers to assure that they abide by all security directives and information circulars relating to air cargo. TSA shall also validate the indirect air carriers security measures used when they consolidate freight and transport it to passenger and all-cargo aircraft to prevent unauthorized access.

Transportation Worker Identification Credential. The conferees agree to provide $15,000,000. According to the conferees, funding has been decreased for this program because of delays in prototyping and evaluating this credential. The conferees direct TSA to report back to the House and Senate Committees on Appropriations about the results of prototype testing before moving into the next phase.

Rail security. The conferees agree to provide funding to support the deployment of up to 100 federal rail compliance inspectors and the deployment of canine explosive detection teams.

The conferees are aware of promising advances in train control technology that would allow a central operator the ability to remotely control the operation of a freight or passenger train in times of distress. The conferees believe development of such a system would enhance the security of the rail system, and direct TSA to implement projects that demonstrate and advance this technology.

Hazmat truck tracking. The conferees have provided $2,000,000 to continue the previously funded program to coordinate tracking and monitoring truck shipments of hazardous materials (hazmats).

Foreign vessel security plans. The conferees are concerned that the Coast Guard intends to rely on foreign governments to review foreign vessel security plans. The conferees expect the Coast Guard to use its Port State Control Program, a risk-based independent verification process, to ensure that foreign vessel security plans are adhered to and in place. The conferees also expect the Coast Guard to randomly assess the vessel security plans of vessels not identified by the Port State Controls Porgram and direct the Coast Guard to report no later than March 1, 2005, on the progress of this foreign vessel security oversight process.

H.R. 4567 conference report, including managers' statement available at

http://thomas.loc.gov/cgi-bin/cpquery/R?cp108:FLD010:@1(hr774).