International Trade Law News

Published by Jacobson Burton Kelley PLLC

On August 18, 2004, President George W. Bush signed into law H.R. 4567, the FY 2005 Homeland Security Appropriations Act (HSAA), which provides $28.9 billion in net discretionary spending for the Department of Homeland Security (DHS). This is $1.8 billion more than the FY 2004 enacted level - reflecting a 6.6% increase in funding for the Department over the previous year. Including Project BioShield, mandatory and fee-funded programs, a total of $40.7 billion will be available to DHS in FY 2005.

The following is a summary of the major provisions included in the HSAA:

*Includes $419.2 million in new funding to enhance border and port security activities, including the expansion of pre-screening cargo containers in high-risk areas and the detection of individuals attempting to illegally enter the United States.

*Container Security Initiative (CSI) - Includes an increase of $25 million over the current program funding of $101 million to continue both Phases I and II, as well as to begin the final phase of CSI.

*The United States Visitor and Immigrant Status Indicator Technology (US -VISIT) program's first phase was deployed at 115 airports and 14 seaports. The HSAA provides $340 million in 2005, an increase of $12 million over the FY 2004 funding, to continue expansion of the US VISIT system.

*Includes $64.2 million for Customs and Border Protection (CBP) to enhance land-based detection and monitoring of movement between the ports. The act also includes $28 million for CBP to increase the flight hours of P-3 aircraft and $12.5 million for long range radar operations.

*Includes $80 million for the next generation of Radiation Detection Monitors to screen passengers and cargo coming into the United States.

*Includes an increase of $20.6 million for staffing and technology acquisition to support CBP's National Targeting Center, trend analysis and the Automated Targeting Systems to aid in identifying high-risk cargo and passengers.

*Provides increase of $15.2 million over current funding for the Customs Trade Partnership Against Terrorism (C-TPAT) program.

*Increases the U.S. Coast Guard's budget by 9 percent -- from $5.8 billion in FY 2004 to $6.3 billion in FY 2005. In addition to maintaining its ongoing mission, the budget provides over $100 million to support the implementation of the Maritime Transportation Security Act, which will increase the Coast Guard's ability to develop, review and approve vessel and port security plans, improve underwater detection capabilities and increase the intelligence program. The HSAA also provides for the Coast Guard's ongoing Integrated Deepwater System initiative, funding the program at $724 million, an increase of $56 million over the FY 2004 funding level.