By Conference Staff
October 9, 2006

Before leaving Washington Septembe 29 for the November mid-term elections, Congress approved $21.3 billion in FY 2007 funding bill for the Department of Homeland Security, a $2.1 billion increase over FY 2006.

The bill provides $3.4 billion for first responders, including grants to high threat areas, firefighters, and emergency management. Compared to FY 2006, funding was increased for high-threat urban areas, but reduced for state block grants. The bill also maintains current law for all formula grants. Highlights include:

• $1.229 billion for high risk area grants – more than a $100 million increase - including $770 million for urban area grants, $175 million for rail and transit security, $210 million for port security, and $74 million for other infrastructure protection.

• $525 million for basic formula grants through the states – over a $100 million decrease.

• $375 million for law enforcement grants through the states – a $25 million decrease.

• $547 million for firefighter grants and $115 million for the SAFER program – slight increases.

• $200 million for Emergency Management Performance Grants – a $15 million increase.

The measure includes $6.4 billion for the Transportation Security Administration (TSA), partially offset through the collection of fees for net appropriations of $3.6 billion. Among the highlights in the bill are:

• $2.6 billion for passenger and baggage screener workforce.

• $173 million for screener checkpoint support.

• $141 million for the procurement of explosive detection and trace systems, of which no less than $47 million is for the procurement and deployment of next generation explosive detection systems, including in-line systems.

• $138 million for installation of explosive detection and trace systems.

• $55 million for air cargo security.

In addition to the $175 million for rail and transit within the First Responder grant program (Urban Area Security Initiative), the TSA will receive $13 million for rail security. The conferees rejected the Administration’s proposal to bring in an additional $1.2 billion by increasing the fees paid by airline passengers.

The agreement also provides $4.34 billion, a $600 million increase over FY 2006, to secure ports and inbound cargo. Of note, the conferees rejected an attempt to increase funding for the port security grant program by $190 million to $400 million.

Among the highlights in the bill are:

• $2.27 billion for the border patrol, adding 1,500 new Border Patrol agents, for a total of 14,800.

• $1.2 billion for border fencing, vehicle barriers, technology and infrastructure.

• 1.38 billion for Immigration and Customs Enforcement (ICE) custody operations, adding 6,700 detention beds, for a total of 27,500.

• $28.2 million to assist state and local efforts to enforce immigration law.

The bill includes a comprehensive structural overhaul of the Federal Emergency Management Agency (FEMA), but keeps it within DHS. The bill:

• Promotes the Administrator of FEMA to the level of Deputy Secretary.

• Directs the Administrator to serve as the principal advisor to the President, the Homeland Security Council, and the Secretary of Homeland Security for all matters relating to emergency management.

• Transfers the management of state and local grant funding to FEMA.

• Requires state and local governments to “establish effective, Department-approved Statewide Interoperable Communications Plans before being able to use DHS grant funds for emergency communications.”

• Establishes an Office of Emergency Communications, requiring the Director of the new office to conduct a nationwide baseline assessment of emergency communications needs and produce a National Emergency Communications Plan.

• Establishes a national advisory council of State and local officials and first responders.

The final bill does not contain a provision, which would have denied necessary homeland security funds to states, counties and cities that have confidentiality policies relating to the enforcement of immigration laws. The House had pushed for this amendment, which was not in the Senate bill and was opposed by the Conference of Mayors and other local government organizations.

Congress approved extending the deadline for the Western Hemisphere Travel Initiative (WHTI) from January 1, 2008 until June 1, 2009. The WHTI requires all persons entering the United States from Canada, Mexico, and the Caribbean to have a passport or alternate secure travel document.

The “air” portion of WHTI will still go into effect shortly after January 8, 2007 meaning that air travelers flying between the U.S. and neighboring countries will need a passport or travel document. Cruise and land border travelers will see passport or travel document requirements beginning at some point in 2008 or early 2009.