Details on the FY 2008 DHS Appropriations Act (CBP)

(The 2008 DHS Appropriations Act was enacted as part of the 2008 Consolidated Appropriations Act (Public Law 110-161).)

This summary highlights some of the U.S. Customs and Border Protection (CBP)-related aspects of the 2008 DHS Appropriations Act, and the accompanying Joint Explanatory Statement from the House-Senate conference committee. See future issue of ITT for highlights of other aspects of the 2008 DHS Appropriations Act.

Automated systems and ACE. P.L. 110-161 appropriates $476,609,000 for expenses for CBP automated systems, of which not less than $316,969,000 shall be for the development of the Automated Commercial Environment (ACE).

(The Joint Explanatory Statement accompanying the 2008 Consolidated Appropriations Act also notes that $16,000,000 of the ACE funding is for the International Trade Data System (ITDS). Of the $476,609,000 in automation funding, $159,640,000 in funding is for current operations protection and processing support.)

P.L. 109-295 provides that of that amount, $216,969,000 may not be obligated for ACE until 30 days after the House and Senate Committees on Appropriations (Committees) receive a report on the results to date and plans for ACE from DHS that contains a number of certifications and requirements, including: (1) a detailed accounting of ACE's progress to date in meeting prior commitments to system capabilities or services; (2) an explicit plan of action defining how all funds are to be obligated to meet future program commitments, and (3) a listing of all open Government Accountability Office (GAO) recommendations, with the status of efforts to address those recommendations.

P.L. 110-161 does not include a requirement that the ACE expenditure plan be reviewed by the GAO (as it has in past years); however, it does impose additional requirements for certifications, progress reports, etc. before approximately $217 million of ACE funding may be obligated.

Funding for trade security and targeting programs. P.L. 110-161 includes FY 2008 funding for numerous CBP programs, including funding for the Container Security Initiative (CSI), Customs-Trade Partnership Against Terrorism (C-TPAT), Free and Secure Trade (FAST)/NEXUS/SENTRI, Automated Targeting Systems, and National Targeting Center.

Funding for SFI and GTX. P.L. 110-161 provides $13 million to procure commercially available technology in order to expand and improve the risk-based approach of DHS to target and inspect cargo containers under the Secure Freight Initiative (SFI) and the Global Trade Exchange (GTX).

(See ITT's Online Archives or 01/09/08 news, 08010905, for BP summary of CBP's request for proposal for GTX.)

Antidumping enforcement. According to the Joint Explanatory Statement, the Committees have ensured that there will be sufficient funds to administer the ongoing requirements of the Continued Dumping and Subsidy Offset Act (CDSOA, aka Byrd Amendment) and direct CBP to continue to work to increase duty collections, and to provide an annual report which summarizes CBP's efforts to collect past due amounts and increase current and future collections.

The Committees also direct GAO to undertake a thorough investigation of the problem of non-collection of antidumping/countervailing (AD/CV) duties by the U.S. government and submit the report by June 30, 2008.

Food and agricultural import training and inspections. The Committees direct the CBP Commissioner to report on the training CBP officers receive to effectively assist the Food and Drug Administration in monitoring the U.S. food supply. CBP is also directed to brief the Committees on what agricultural inspection equipment (e.g., microscopes) is available at each port, the age of existing equipment, and the timeline for procuring and deploying replacement or new equipment.

In-bond cargo and container security. CBP is directed to provide information on its in-bond cargo and container security programs in the form of a briefing to the Committees. The Committees also direct CBP to submit a report on southern border supply chain security.

Test of crane-mounted detection technology. The Committees are aware of technology being developed for the detection of nuclear or radiological materials that can be attached or integrated onto crane spreaders used to lift and move containerized cargo at sea ports. To explore the potential of this technology to be implemented rapidly, and to assess its value as an efficient an real-time complement to radiation portal monitors, $2 million is provided to permit CBP, in cooperation with relevant port authorities, to test competitively this technology in an operational seaport environment.

CBP staffing. The Joint Explanatory Statement states that $22.575 million is provided for enhanced commercial inspection and duty collection and CBP is directed to brief the Committees semi-annually on progress in hiring for CBP revenue positions.

CBP is also directed to brief the Committees on how it is using its recently developed Workload Staffing Model (WSM) to improve allocation of staffing resources to reduce airport and land port wait times, and enhance performance in meeting customs revenue collection responsibilities.

WHTI. The Joint Explanatory Statement adds that the date for implementation of the Western Hemisphere Travel Initiative at all ports of entry has been amended to be either June 1, 2009, or when the DHS Secretary and Secretary of State have certified compliance with Section B of the Intelligence Reform Act, whichever is later. (See future issue of ITT for additional details.)

(In October 2007, CBP testified before a Senate Committee that it had provided Congress with a resource optimization model for the commercial operations and revenue function, which was designed to determine the right number and right mix of resources to facilitate legitimate trade while enforcing trade laws. See ITT's Online Archives or 08/28/07 news, 07082810, for BP summary on CBP's update on the recent activities of its Office of Trade, including the submission of the model to Congress, which was discussed at the August 2007 COAC meeting.)

The Committees also expect CBP to make every effort to achieve certain increases in the number of CBP Officers and Border Patrol agents on the Northern Border, and direct CBP to provide quarterly hiring briefings.

(See P.L. 110-161 and the Joint Explanatory Statement for details of other Customs-related programs and issues, such as Border Security Fencing, Infrastructure, and Technology; Air and Marine Interdiction, Operations, Maintenance, and Procurement; U.S. Immigration and Customs Enforcement (ICE); Model Ports of Entry; and Law Enforcement Status for CBP Officers.)

(See ITT's Online Archives or 01/02/08 news, 08010205, for BP summary of the President's signing of P.L. 110-161. See ITT's Online Archives or 01/01/08 news, 08010115, for BP summary of the House-passed version of H.R. 2638, the House's FY 2008 DHS appropriations bill. See ITT's Online Archives or 07/31/07 news, 07073199 3, for BP summary of the Senate-passed version of H.R. 2638.)

P.L. 110-161 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h2764enr.txt.pdf (DHS Appropriations - Division H - is located in pages 199-254)

Joint Explanatory Statement for Division E (DHS Appropriations) available at http://www.rules.house.gov/110/text/omni/jes/jesdive.pdf.

House Appropriations Committee Homeland Security Subcommittee press release available at http://appropriations.house.gov/pdf/HomelandOmnibus.pdf.