House Passes FY 2010 Department of Homeland Security Appropriations Bill (Includes CBP, TSA, Etc.)

(Although the House has passed H.R. 2892, 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.

The Senate is expected to begin consideration of H.R. 2892 on July 7, 2009.)

The following are highlights of the trade-related provisions in H.R. 2892:

CBP Would Receive Less Funding than Requested, But More than FY 2009

The CBP funding level included in H.R. 2892 as reported by the House Appropriations Committee was approximately $82 million less than what the President had requested, but almost $147 million above FY 2009 appropriations.

However, during House debate on H.R. 2892, amendments were adopted which would, among other things, provide CBP with an additional $34 million to fund 200 additional Border Patrol agents.

CBP Salaries and Expenses Would be Less than Requested, But More than FY 2009

As passed by the House, H.R. 2892 would provide approximately $7.6 billion for CBP salaries and expenses for the enforcement of laws relating to border security, immigration, customs, agricultural inspections and regulatory activities related to plant and animal imports, etc. (This amount reflects the adopted amendments mentioned above.)

This amount is less than requested by the President, but more than appropriated in FY 2009.

CBP Automation (Including ACE) Would be Same as Requested, But Less than FY 2009

H.R. 2892 would provide $462,445,000 for CBP automated systems, of which not less than $267,960,000 would be for the development of the Automated Commercial Environment (ACE).

H.R. 2892 states that of the total amount made available, $167,960,000 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.

This amount is the same as requested by the President, but approximately $49 million below the amount appropriated for FY 2009 (due to non-recurs (i.e., the request for the service does not reoccur (terminates) for FY 2010)).

Secure Border Initiative (SBI)

H.R. 2892 would provide $732 million for border security fencing, infrastructure, and technology of which $150 million 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 plan would, among other things: (1) contain detailed accounting of the program's implementation to date for all investments related to the SBI program or successor program; (2) contain a description of how specific projects with further the objectives of SBI and how the expenditure plan allocates 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.

TSA Provisions on Cargo Safety

H.R. 2892 includes numerous provisions regarding Transportation Security Administration inspection and screening of air cargo, including:

New technologies. The DHS Secretary would be required to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft by the earliest date possible.

Use of checked baggage equipment, screeners. Checked baggage explosive detection equipment and screeners that exist as of the date of the enactment would be required to be used to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until technologies developed (as described above) are available for such purpose.

Increase cargo screening incrementally. The Assistant Secretary of Homeland Security (TSA) would be required to work with air carriers and airports to ensure that the screening of cargo carried on passenger aircraft, as defined in section 49 USC 44901(g)(5), increases incrementally each quarter.

Report on meeting screening targets. Not later than 45 days after the end of each quarter, the Assistant Secretary shall submit to the Appropriations Committees a report on air cargo inspection statistics by airport and air carrier detailing the incremental progress being made to meet the requirements of section 49 USC 44901(g)(2).

Plan for meeting screening targets. Not later than 180 days after the date of the enactment, the Assistant Secretary of Homeland Security (TSA) shall submit to the House and Senate Appropriations Committees, a report on how TSA plans to meet the requirement for screening all air cargo on passenger aircraft by the deadline under 49 USC section 44901(g). The report would be required to identify the elements of the system to screen 100% of cargo transported between domestic airports at a level of security commensurate with the level of security for the screening of passenger checked baggage.

H.R. 2892 also includes miscellaneous funding restrictions related to butane lighters and individual importation of prescription drugs.

H.R. 2892, as passed by the House, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h2892eh.txt.pdf.

House Republican's Legislative Digest outlining H.R. 2892 (dated 06/24/09) available at http://www.gop.gov/bill/111/1/hr2892.