Details of the Appropriations Committee Report On the House-Passed FY 2005 DHS Appropriations Bill

Committee Report Contains Additional Information and Recommendations

Prior to the passage of H.R. 4567 by the House, the House Appropriations Committee issued a report (H. Rept. 108-541) that contains, among other things, certain additional information and recommendations from the Committee.

(According to the Congressional Research Service (CRS), such reports do not have statutory force and departments and agencies are not legally bound by their declarations. However, reports do explain congressional intent, and executive branch agencies take them seriously because they must justify their budget requests annually to the Appropriations Committees.)

This is Part II of a two-part series of summaries on the House Appropriations Committee's report and focuses on the Committee's recommendations, etc. for the Transportation Security Administration (TSA), Coast Guard, etc.

"Highlights" of the House Appropriations Committee's report are summarized below (partial list):

Air Cargo - TSA

According to the report, the Committee recommends $40.4 million for air cargo, of which $10 million is to hire an additional 100 air cargo inspectors for additional inspection and enforcement activities throughout U.S. airports and in conjunction with the known shipper program and $400,000 is to continue TSA's participation with the Customs-Trade Partnership Against Terrorism (C-TPAT) and include vetted shippers and manufacturers, as necessary, into TSA's known shipper program.

In the report the Committee also states that it is encouraged that TSA has been working to develop explosive trace detection system protocols that may be used to inspect air cargo bound on passenger and all-cargo aircraft, and directs TSA to issue these protocols as soon as possible.

The Committee notes that because H.R. 4567 would require DHS to research, develop, and procure certified systems to inspect and screen air cargo on passenger aircraft and, until such technology is available, to enhance the known shipper program for such cargo, in essence 100% of the cargo carried on passenger aircraft would have to be either from a certified known shipper or meet other security requirements specified by TSA.

The Committee also states that H.R. 4567 provides an additional $75 million to accelerate air cargo research and development activities regarding: (1) new technologies to screen containerized cargo bound for both passenger and all-cargo aircraft and (2) the air cargo inspection pilot program for additional locations.

Rail Security - TSA

The Committee expresses its concern about the vulnerability of the U.S. rail and transit systems and directs TSA to develop a robust rail and transit security program and identify possible research and design requirements that could strengthen rail security nationwide, and report back on these efforts by March 1, 2005.

The Committee also provides funding for TSA to undertake a prototype program to perform risk assessments for high-risk domestic freight cargo.

According to the report, additional initiatives the Committee supports in the area of rail security include protective measures that can be applied to railcars transporting toxic chemicals, and the continual vigilance in Site Assistance Visits, vulnerability assessments, and working with law enforcement, owners/operators, and industry to implement buffer zone protection plans.

Port Security - TSA

The Committee recommends that funding for the port security grant program in FY 2005 (which would be set at the same level provided in FY 2004) be awarded based on findings contained within port vulnerability assessments for the 55 ports of national significance and based on security and enhancement plans submitted by vessels and facilities as required by the Maritime Transportation Security Act of 2002 (MTSA).

Hazardous Materials Transportation - DHS/DOT

The Committee expresses concern that there does not exist a clear authority to implement security precautions for the movement of hazardous materials in the event of a heightened threat scenario. As such, the Committee is directing DHS, in conjunction with the Department of Transportation (DOT), to establish a transportation security directive to clarify the role and responsibility the two departments for implementing effective security precautions for all modes of transportation in the movement of hazardous materials.

MTSA Implementation - Coast Guard

The Committee states that it is fully funding the budget request to aggressively implement the MTSA, including 791 new personnel to implement and enforce security plans, etc. (to replace approximately 450 reservists currently doing this work).

The Committee also expresses concern that the Coast Guard intends to rely on foreign governments to review foreign vessel security plans. The Committee states that it understands that the Coast Guard may not even require that these security plans be translated into English. The Committee states that if the Coast Guard does not review the foreign vessel security plans required by MTSA, these plans have no independent verification. Therefore, the Committee directs the Coast Guard to review all vessel security plans and to report to the House Appropriations Committee by October 15, 2004 on the results of its reviews and on the level of resources needed to thoroughly conduct such reviews in the future.

Nuclear and Radiological Countermeasures - DHS

The Committee states that it understands that DHS Science and Technology Directorate (S&T) is currently testing equipment that can identify radioactivity in vehicles and cargo and that it agrees that equipment that is able to identify radioactivity in vehicles and cargo while producing a low rate of false alarms is critical to U.S. border and port security operations and encourages S&T to continue field testing such equipment.

(See ITT's Online Archives or 07/08/04 news, 04070810, for BP summary on the passage of H.R. 4567. See ITT's Online Archives or 07/15/04 news, 04071515, for Part I of this series of summaries on H. Rept. 108-541.)

H. Rept. 108-541 available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_reports&docid=f:hr541.108.pdf.