House Passes FY 2006 DHS Authorization Bill (Part II - Final)

(DHS includes U.S. Customs and Border Protection (CBP), the Transportation Security Administration, etc.)

(Authorization legislation can establish, continue, or modify an agency or program for a fixed or indefinite period of time. It may also set forth the duties and functions of an agency or program, its organizational structure, and the responsibilities of agency or program officials.

Authorizing legislation also authorizes the enactment of appropriations for an agency or program. However, separate appropriations legislation is needed to actually fund an agency and provide it with budget authority. (The House passed fiscal year (FY) 2006 appropriations legislation for DHS (H.R. 2360) on May 17, 2005. See ITT's Online Archives or 05/19/05 news, 05051905, for BP summary.)

This is Part II, the final part of a multi-part series of summaries on H.R. 1817. (See ITT's Online Archives or 05/26/05 news, 05052610, for Part I.)

Broad interpretation of AGOA, ATPA, and CBERA textile and apparel provisions. H.R. 1817 contains a provision which states that it is the sense of Congress that CBP should interpret, implement, and enforce the provisions of section 112 of the African Growth and Opportunity Act (19 USC 3721), section 204 of the Andean Trade Preference Act (19 USC 3203), and section 213 of the Caribbean Basin Economic Recovery Act (19 USC 2703), relating to preferential treatment of textile and apparel articles, broadly, in order to expand trade by maximizing opportunities for imports of such articles from eligible beneficiary countries.

Remote enrollment centers, customer service number, etc. for FAST, SENTRI and NEXUS. H.R. 1817 would require the Secretary of Homeland Security (Secretary) to create a minimum of 4 remote enrollment centers for the Free and Secure Trade (FAST), Secure Electronic Network for Travelers Rapid Inspection (SENTRI), and NEXUS programs. According to H.R. 1817, such enrollment centers are to be established away from the U.S. borders and in population centers where there is a demand for such a service.

In addition, H.R. 1817 would require the Secretary to create a customer service telephone number for the FAST, SENTRI, and NEXUS programs.

H.R. 1817 would also require the Secretary to merge the requirements of the land and air cards issued under the NEXUS program into one uniform card that will work for land and air crossings.

Advance funding for northern border security pilot. H.R. 1817 would amend section 5101 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law (P.L.) 108-458, 8 USC 1712 note), which allows the Secretary to carry out a pilot program to test various advanced technologies to improve northern border security, by adding language stating that such pilot shall be carried out "to the extent funds are provided in advance in appropriations Acts."

(See ITT's Online Archives or 03/17/05 news, 05031720, for BP summary of P.L. 108-458 and its provision on the northern border security pilot.)

Report on "One Face at the Border" initiative. H.R. 1817 would require, not later than September 30 of each of the calendar years 2006 and 2007, the CBP Commissioner to prepare and submit to Congress a report:

Analyzing the effectiveness of the "One Face at the Border" initiative in enhancing security and facilitating trade;

Providing a breakdown of the number of personnel of CBP that were U.S. Customs Service and Immigration and Naturalization Service (INS) personnel prior to the establishment of DHS, and that were hired after the establishment of DHS;

Describing the training time provided to each employee on an annual basis for the various training components of the "One Face at the Border" Initiative; and

Outling the steps taken by CBP to ensure that expertise is retained with respect to customs, immigration, and agriculture inspection functions under the "One Face at the Border" initiative.

DHS report on its organizational structure. H.R. 1817 would require the Secretary, not later than 30 days after the date of enactment, to review and evaluate the current organizational structure of DHS established by the President's January 2003 reorganization plan and submit a report of findings and recommendations to the appropriate congressional committees.

GAO report on effectiveness of DHS organizational/management structure. H.R. 1817 would require the Government Accountability Office (GAO) to, not later than 6 months after enactment, submit to the appropriate congressional committees a report that sets forth (a) an assessment of the effectiveness of the organizational and management structure of DHS in meeting its missions as set forth in the Homeland Security Act of 2002 and (b) recommendations to facilitate and improve the organization and management of DHS to best meet those missions.

CBP and ICE cost accounting systems. H.R. 1817 would amend section 334 of the Customs and Border Security Act of 2002 (19 USC 2082 note) to read as follows:

Not later than September 30, 2006, the Commissioner of CBP shall, in accordance with the audit of Customs' FY 2000 and 1999 financial statements (as contained in the Treasury Department Inspector General's February 2001 report), establish and implement a cost accounting system that meets certain specifications outlined in H.R. 1817.

(The Customs and Border Security Act of 2002, which was part of the Trade Act of 2002, required Customs to establish and implement a cost accounting system not later than September 30, 2003. See ITT's Online Archives or 08/21/02 news, 02082105, for BP summary.)

H.R. 1817 would also impose similar cost accounting system requirements on the Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE).

DHS and CBP FY 2006 appropriations authorized. H.R. 1817 would authorize $34,152,143,000 to be appropriated to the Secretary for the necessary expenses of DHS for FY 2006. Of this amount, $6,926,424,722 is authorized to be appropriated for CBP for FY 2006.

H.R. 1817 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:h1817eh.txt.pdf