Details on the FY 2008 DHS Appropriations Act (TSA, Border Infrastructure, Etc.)

(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 Transportation Security Administration (TSA)-related aspects of the 2008 DHS Appropriations Act and the accompanying Joint Explanatory Statement. The summary also highlights the Border Infrastructure and Technology Modernization Act of 2007, which is part of the 2008 DHS Appropriations Act.

TSA funding for air cargo programs. P.L. 110-161 provides TSA with $73 million in funding for air cargo which is to be used:

1. for additional air cargo inspectors to monitor compliance of air carriers and freight forwarders with security directives;
2. to continue development of a certified shipper program to determine if this method can contribute to the 100% screening requirement of the 9/11 Act;
3. to transfer techniques from three air cargo pilots (see below) to additional airports that may express an interest in using them, if results appear promising; and
4. for equipment, technology, and other methods to screen air cargo.

TSA report on air cargo vulnerabilities. The FY 2007 DHS Appropriations Act provided TSA with funding to assess air cargo vulnerabilities at the largest airports. TSA is directed to brief the House and Senate Appropriations Committees (Committees) on the results of the vulnerability assessments of all airports completed.

TSA air cargo screening pilots. According to the Joint Explanatory Statement, DHS has been conducting three air cargo pilots since 2006. While two of the pilots are completed, the remaining pilot at San Francisco airport has been repeatedly delayed. The Committees urge DHS to continue the air cargo pilot at San Francisco airport to obtain a full six months of explosive detection systems data and share any promising results of the air cargo pilots with other airports.

(For FY 2006 DHS received funding to conduct three air cargo screening pilot programs to test different concepts of operations. The results of the pilots were to be completed in December 2007, and a report issued in spring 2008. See ITT's Online Archives or 10/24/05 news, 05102410, for previous BP summary on these pilots.)

TSA inspection/screening of air cargo on passenger aircraft. P.L. 110-161 also requires:

• the Secretary of Homeland Security (DHS Secretary) to research, develop, and procure new technologies to inspect and screen air cargo carried on passenger aircraft at the earliest date possible;
• existing checked baggage explosive detection equipment and screeners to be utilized to screen air cargo carried on passenger aircraft to the greatest extent practicable at each airport until technologies developed (as described above) are available;
• the Assistant Secretary of TSA 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; and
• not later than 45 days after the end of each quarter, the Assistant Secretary of TSA to submit to the Committees a report on air cargo inspection statistics by airport and air carrier detailing the incremental progress being made to meet 49 USC 44901(g)(5).

TWIC. According to the Joint Explanatory Statement, P.L. 110-161 provides TSA with funding for the Transportation Worker Identification Credential (TWIC) in order to fund the local cost share of five card reader pilots and for the program evaluation of these pilots.

TSA is directed to work with the appropriate officials of Florida and other port authorities to resolve differences between TWIC and existing state transportation facility access control programs.

Secure handling of ammonium nitrate. P.L. 110-161 includes a provision on the secure handling of ammonium nitrate which requires the DHS Secretary to regulate the sale and transfer of ammonium nitrate by an ammonium nitrate facility to prevent the misappropriation or use of ammonium nitrate in an act of terrorism. P.L. 110-161 provides for the registration of both owners of ammonium nitrate facilities and ammonium nitrate purchasers.

Port of entry infrastructure assessment. The CBP Commissioner is required to review the Port of Entry Infrastructure Assessment Study and the nationwide strategy to prioritize and address the infrastructure needs at the land ports of entry. The CBP Commissioner is also required to update the assessment of the infrastructure needs of all U.S. land ports of entry and submit the updated assessment to specified Congressional committees.

Port of entry technology demonstration program. The CBP Commissioner is required to carry out a technology demonstration program to test and evaluate new port of entry technologies, refine port of entry technologies and operational concepts, and train personnel under realistic conditions.

The demonstration project shall test technologies that enhance port of entry operations, including those related to inspections, communications, port tracking, identification of persons and cargo, sensory devices, personal detection, decision support, and the detection and identification of weapons of mass destruction.

The demonstration program must be carried out at not less than three and not more than five sites, with at least one site located on the northern border and one on the southern border (see P.L. 110-161 for additional site selection criteria).

(See P.L. 110-161 and the Joint Explanatory Statement for details of other DHS-related appropriations provisions, including Coast Guard funding for port and cargo security.)

(See ITT's Online Archives or 02/05/08 news, 08020515, for BP summary of the CBP-related provisions of the 2008 DHS Appropriations Act.

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.