House committee passes DHS authorization, CSI requirements
The House Homeland Security Committee this week voted for a budget bill that
would authorize $34 billion for the Department of Homeland Security, an increase
from the $27.3 billion requested by the Bush administration.
The bill would include $134 million for the Container Security
Initiative, down slightly from the Bush administration’s request of $138
million, and sets requirements for the Customs and Border Protection program for
conducting targeted inspections at overseas ports. The bill requires CBP to
conduct a risk assessment of container vulnerability in each foreign port being
considered for the program and that the DHS secretary will only implement the
program at those ports deemed to pose a "significant" risk. The bill also
requires the department to help foreign customs authorities set up non-intrusive
inspection systems at CSI ports and train personnel.
Cargo containers arriving at a United States port of entry from a
CSI port would require the same level of inspection and screening as cargo
containers arriving at a United States port of entry from a foreign seaport that
is not participating in CSI unless the containers were initially inspected at
the CSI port at the request of CSI personnel and such personnel verify and
electronically record that the inspection indicates that the containers do not
contain unlawful goods or persons.
The committee adopted a provision requiring the Information
Analysis and Infrastructure Protection directorate to author reports about each
sector of critical infrastructure, such as the transportation system, and share
them with the private sector owners of those assets. The language addresses
concerns that DHS prevents industry from taking steps to protect its
infrastructure because of reluctance to disseminate any kind of threat
information for perceived security reasons.
The committee agreed to an amendment by that would require DHS to
mandate the use of high-security seals on all ocean containers, proper
documentation tracking seal usage and changes and verification by vessel
operators of a proper seal before loading. The bill instructs DHS to seek
international standards for these container seal security. The bill keeps the
pressure on DHS, which said it plans to issue such a regulation this year.
Border and transportation security policymakers have developed a container seal
regulation that is being reviewed by Secretary Michael Chertoff’s office and
then the White House.
The amendment, offered by Rep. Linda Sanchez, D-Calif., also seeks
to improve the manifest information used by CBP in its automated pre-arrival
targeting system by requiring CBP to contact shippers to explain any anomalies
in the bill of lading. The committee also required DHS to set up a demonstration
program at a U.S. seaport to integrate non-intrusive gamma ray cargo image
scanning and radiation detection systems, along with electronic container
tracking systems. CBP currently runs a limited number of containers through
gamma ray inspection systems and has separate drive-by radiation portals set up
at truck gates at many ports. Some companies are combining these and other
container identification technologies, such as radio frequency identification (RFID)
and some security experts see this as a possible way to conduct 100 percent
screening of containers without slowing down box flow for physical inspections.
The measure also calls on DHS to consolidate all maritime cargo security
programs.
Several amendments were defeated. An amendment introduced for the
third consecutive year by Rep. Edward Markey to require 100 percent inspection
of all cargo placed aboard passenger aircraft was defeated by a vote of 8-20.
Markey believes the Known Shipper program that allows certified shippers and
freight forwarders to book freight on passenger planes is not adequate.
Rep. Mark Souder, R-Ind., withdrew an amendment that would have
redesignated the Border and Transportation Security Directorate the Directorate
of Customs, Immigration and Border Protection, thus narrowing its areas of
responsibility. The bill would have transferred all functions of the CBP and
Immigration and Customs Enforcement commissioners to the directorate, which
would be headed a commissioner instead of an under secretary. The bill was an
attempt to maintain the Transportation Security Administration, which officials
have been disbursing to other parts of the department, as a distinct entity
reporting to the deputy secretary instead of BTS.