House Passes FY 2008 Department of Homeland Security Appropriations Bill (Part I - CBP)

(Although the House has passed H.R. 2638, 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.)

This is Part I of a two-part series of summaries on H.R. 2638 and highlights the appropriations related to CBP. (See future issue of ITT for Part II regarding TSA and ICE.)

The following are highlights of the CBP-related provisions in H.R. 2638:

Additional CBP Officers to Assist with Commercial Operations and C-TPAT

According to a House Appropriations Committee press release, H.R. 2638 would add $27 million for 250 additional CBP Officers for commercial operations and for Customs-Trade Partnership Against Terrorism (C-TPAT) validations in order to verify that "trusted shippers" have necessary security measures in place - as required by the Security and Accountability for Every (SAFE) Port Act (P.L. 109-347).

CBP Automated Systems, Including ACE

CBP automated systems under H.R. 2638 would receive $476,609,000, of which not less than $316,969,000 would be for the development of the Automated Commercial Environment (ACE).

H.R. 2638 states that of the total amount made available, $216,969,000 would not be able to be obligated for ACE until the House and Senate Appropriations Committees receive a report on the results to date and plans for the program from the Secretary of Homeland Security. (The report's requirements are similar to those imposed in previous DHS appropriations bills.)

CBP Salaries and Expenses

As passed by the House, H.R. 2638 would provide $6,629,733,000 for CBP salaries and expenses for 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 amount, $202,816,000 would support software development, equipment, contract services, and the implementation of inbound lanes and modification to vehicle primary processing lanes at ports of entry, of which $100,000 would promote information and education exchange with nations friendly to the U.S. to promote sharing of best practices and technologies relating to homeland security, as authorized by section 879 of the Homeland Security Act of 2002 (Public Law 107-296).

However, $100,000,000 would not be able to be obligated until the House and Senate Appropriations Committees receive a report on the results of pilot programs used to develop and implement the plan requiring the use of passports, etc. for all travel into the U.S. by U.S. citizens and categories of individuals for whom documentation requirements were previously waived.

Secure Border Initiative (SBI)

H.R. 2638 provides $1,000,000,000 for expenses for customs and border protection fencing, infrastructure, and technology, $700,000,000 of which would not be obligated until the House and Senate Appropriations Committees receive and approve an expenditure plan from the DHS Secretary for a program to establish a security barrier along the borders of the U.S.

The program would, among other things: (1) define activities, milestones, and cost estimations related to the SBI network (SBInet) or successor contract; (2) demonstrate allocation of funding to the highest priority border security needs; (3) identify funding and staffing requirements by activity; and (4) address security needs at the Northern Border and the ports of entry, including infrastructure, technology, design and operations requirements.

Port Security Grants

The House Appropriations press release states that H.R. 2638 would provide $400 million to protect critical port facilities and infrastructure in the largest single investment proposed by Congress to implement the security requirements of the Marine Transportation Security Act (MTSA).

H.R. 2638, as passed by the House, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2638eh.txt.pdf.

House Appropriations Committee press release (dated 06/15/07) available at http://appropriations.house.gov/pdf/HomelandHP.pdf