Deal on rail and mass transit security grants angers GOP

Arrangement would allow DHS and Transportation to share responsibility for grants, though DHS would still determine recipients.

Key Republicans strongly oppose provisions dealing with how billions of dollars in grants will be distributed and managed as part of legislation to improve rail and mass transit security scheduled to go to the House floor Tuesday.

Top Democrats on the Homeland Security and Transportation and Infrastructure committees have reached a deal under which the Homeland Security and Transportation departments will share responsibility for rail and mass transit security grants.

Under an agreement worked out by House Homeland Security Chairman Bennie Thompson, D-Miss., and Transportation and Infrastructure Chairman James Oberstar, D-Minn., Homeland Security will be responsible for determining which agencies get grants and how the money can be spent.

Homeland Security will then transfer grant funds to the Transportation Department, which will distribute grants to recipients. The two departments will jointly monitor and audit the use of grant funds.

The agreement is part of a manager's amendment, which is expected to be voted on Tuesday.

But the agreement has left some key Republicans reeling, as Thompson previously indicated to members of his committee that he wanted the Homeland Security Department to be in complete charge of the grants.

During a hearing earlier this month, Homeland Security ranking member Peter King, R-N.Y., said spreading out authority for grants would "dramatically hurt" the Homeland Security Department and compromise the jurisdiction of the Homeland Security Committee.

King said the committee should "do all we can to make sure the jurisdiction stays with the committee and ultimately that the Department of Homeland Security retain the power and authority to distribute the grants for rail and transit security." Thompson replied: "Your position and my position happen to be the same."

King said in a telephone interview that he is disappointed with the agreement reached by Thompson and Oberstar, adding that he felt he had assurances from Thompson that the grants would be completely controlled by Homeland Security.

Thompson defended the agreement. "The Department of Homeland Security is the entity in control here," Thompson said. "It evaluates risk and determines who is eligible, for how much, and for what. [The Transportation Department] serves as the Western Union in this transaction -- it takes the money and transfers it to wherever DHS directs it."

A GOP aide said Republicans will oppose the grants portion of the manager's amendment on the floor.

King said he fears grant recipients will be confused about which department they should report to and communicate with. Republicans are also worried that grants might not be administered based on risk and threat assessments, and will not be used to offset costs incurred by first responders, such as police agencies that patrol rail stations.

In response, King will seek approval from the Rules Committee for an amendment stating that law enforcement agencies and first responders are eligible for grants and that all grants will be administered based on risk. Under the Thompson-Oberstar agreement, only railroad carriers, Amtrak, public transportation agencies, and over-the-road bus operators would be eligible to receive grants.