House Appropriations Committee Adds Drawback Amendment to DHS Spending Bill
House appropriators adopted an amendment that would require CBP to explain its drawback policies in the face of concerns that the agency might be wrongly denying unused merchandise drawback claims, as well as drawback claims where taxes are collected by federal agencies other than CBP. The amendment is part of a Department of Homeland Security funding bill for fiscal year 2017 approved by the House Appropriations Committee on June 22. That amendment would also require CBP to provide lawmakers with a report detailing “why drawback claims are not treated consistently” across all categories of imported goods, as well as the reasons for rejection of drawback claims for “certain imported products,” whether paid to CBP or a partner government agency. The bill now goes to the House floor for consideration. Senate appropriators sent their version of fiscal 2017 Department of Homeland Security funding legislation to that chamber’s floor in May (see 1605260037).
House appropriators in another amendment also noted that they are observing how CBP and the General Services Administration use funds collected through a pilot program for donations to aid construction or repairs of a “new or existing” land port of entry, so that the pilot doesn’t lead to diverting resources, including CBP officers, to one port of entry at the expense of another. “The Committee reminds CBP that this authorization requires the agencies to take into account the impact of each donation proposal on other ports of entry on the same border; the costs of maintaining and operating such donation; and the impact of the proposed donation on staffing requirements,” the amendment says.
Despite opposition from House Appropriations Homeland Security Subcommittee Ranking Member Lucille Roybal-Allard, D-Calif., during the markup, appropriators by voice vote adopted an amendment pitched by Rep. Mark Amodei, R-Nev., to allow airports to hire at their own expense up to five full-time equivalent CBP officers in fiscal 2017. The amendment would allow CBP to collect reimbursement for officer employment costs at no more than five ports of entry. The language is geared toward helping small ports of entry, Amodei said. “I do not have concern this amendment would impact staffing at other ports of entry,” House Appropriations Homeland Security Subcommittee Chairman John Carter, R-Texas, said.
Notably, House lawmakers also adopted an amendment that would direct DHS to improve its hiring processes, through means such as reviewing current polygraph red flags, conducting polygraph tests as early as possible to avoid unnecessary hiring-related expenses, and repurposing existing background investigations for applicants who are current federal employees. CBP Office of Resources Management Assistant Commissioner Linda Jacksta told lawmakers in April that polygraphs remain deterrents for interested CBP job candidates (see 1604190030).
Other amendments adopted June 22 would require CBP to issue an overtime staffing and funding report within 180 days of bill enactment, and urge CBP to give priority consideration to applications for port of entry status sent by any commercial airport serving at least 75,000 deplaned international passengers through the previous calendar year. The bill would give CBP $11.2 billion in funding, the same level as the corresponding Senate bill proposed (see 1605260037). That amount is $500 million less than the Obama administration’s budget request and $158 million above the current level, said a committee announcement.