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

(Although the House and the Senate have passed their own (different) versions of 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 has requested a conference with the House to resolve differences between the two versions of H.R. 2892.)

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

CBP Salaries and Expenses Would be More than Requested and More than FY 2009

As passed by the Senate, H.R. 2892 would provide approximately $8.075 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 is more than what was requested by the President and more than what was appropriated in FY 2009.

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

The Senate-passed version of 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 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)).

TSA Provisions on Air Cargo Screening

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

The Assistant Secretary of Homeland Security (Transportation Security Administration) would be required to work with air carriers and airports to ensure that the screening of cargo carried on passenger aircraft, as defined in 49 USC 44901(g)(5), increases incrementally each quarter until the requirement of 49 USC 44901(g)(2)(B) are met.

Not later than 45 days after the end of each quarter, the Assistant Secretary would be required to submit to the House and Senate Appropriations Committees a report on air cargo inspection statistics by airport and air carrier detailing the incremental progress being made to meet the requirement of 49 USC 44901(g)(2)(B).

The TSA air cargo-related provisions in the Senate version of H.R. 2892 are less extensive than those passed by the House. (The House version addressed new technologies; the use of checked baggage equipment, screeners; and a plan for meeting the 100% screening target.)

Additional Exception to Switchblade Knife Penalties

As passed by the Senate, H.R. 2892 would amend 15 USC 1244 by adding a new exception to the penalty provisions of the Switchblade Knife Act (15 USC 1242 and 1243) for knives that contain a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.

(In May 2009, CBP proposed a new interpretation of the Switchblade Knife Act and associated regulations, which would result in additional styles of knives being prohibited entry under 19 CFR 12.95 and 12.96. The knives that would be affected by this CBP proposal have spring- and release-assisted opening mechanisms that require minimal ''human manipulation'' in order to instantly spring the blades to the fully open and locked position. See ITT's Online Archives or 06/02/09 news, 09060220, for BP summary of CBP's proposal.)

Border Security Fencing, Infrastructure, Technology

H.R. 2892 would provide $800 million for border security fencing, infrastructure, and technology of which $50 million would not be obligated until the House and Senate Appropriations Committees receive an expenditure plan from the DHS Secretary for a program to establish a security barrier along the borders of the U.S.

Report on fence completion. H.R. 2892 would require the Secretary of Homeland Security, not later than September 30, 2009, to submit a report to Congress describing (i) the progress made in completing the reinforced border fencing required under section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as amended; and (ii) the plans for completing such fencing before December 31, 2010.

Prerequisites for Advanced Spectroscopic Portal Monitor Funding

H.R. 2892 as passed by the Senate would prohibit funding for full-scale procurement of Advanced Spectroscopic Portal (ASP) monitors until the Secretary of Homeland Security submits to the House and Senate Appropriations Committees a report certifying that a significant increase in operational effectiveness will be achieved. The DHS Secretary would be required to submit separate and distinct certifications prior to the procurement of ASP monitors for primary and secondary deployment that address the unique requirements for operational effectiveness of each type of deployment and would also be required to consult with the National Academy of Sciences before making such certifications. H.R. 2892 also states that no funds shall be used for high-risk concurrent development and production of mutually dependent software and hardware.

Individual Importation of Prescription Drugs

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

(See ITT's Online Archives or 07/02/09 news, 09070215, for BP summary on the House-passed version of H.R. 2892.)

H.R. 2892, as passed by the Senate, available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h2892pp.txt.pdf.